2021 UPS® Tariff/Terms & Conditions of Service – United States Effective July 11, 2021 2 ups.com 1-800-PICK-UPSups.com

Effective July 11, 2021 (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 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 and Vaping 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. Proof of Delivery (P.O.D.)...... 19 10. Use of UPS Accounts...... 13 36. Tracking/Tracing and Refund Request Charge...... 19 11. Use of UPS Electronic Information Systems ...... 13 37. Special Handling of Undeliverable Shipments; Refused Shipments Returned...... 19 12. Timely Upload of PLD; Missing PLD Fee...... 13 12 1. Use of PLD Obtained Email Addresses and Telephone Numbers...... 13 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)

38. C.O.D. Service...... 19 53. UPS Service Guarantee...... 26 38 1. Preparation and Listing of C .O .D . Packages...... 19 53 1. Conditions...... 26 38 .2 Responsibility for C .O .D .s...... 19 53 .2 Exclusions...... 27 38 .3 Consignee’s Checks in Payment of C .O .D .s...... 19 54. Claims and Legal Actions: 38 .4 C .O .D . Package of $10,000 or More...... 20 Individual Binding Arbitration of Claims...... 27 38 .5 Acceptance of Personal Check...... 20 54 1. Making Claims for Loss or Damage to Property. . . .. 29 38 .6 C .O .D . Remittance Verification...... 20 54 .2 Acknowledgment of Claims for Loss 38 .7 Restrictions...... 20 or Damage to Property...... 29 38 .8 Charges for C .O .D . Collections...... 20 54 .3 Time Limit for Notice and Filing of Claims 38 .9 Remittance of C .O .D .s...... 20 for Loss or Damage to Property...... 29 54 .4 Investigation of Claims for Loss ® ...... 20 39. UPS Returns Services or Damage to Property...... 29 40. UPS Rates...... 21 54 .5 Salvage...... 30 40 1. Daily Rates and Retail Rates...... 21 54 .6 Disposition of Claims for Loss 40. 2 UPS® Simple Rate...... 21 or Damage to Property...... 30 40 .3 Letter Rates...... 21 55. Responsibility for Loss or Damage...... 30 40 .4 Pak Rates...... 21 55 1. Maximum Declared Values...... 30 40 .5 UPS 10 KG Box and UPS 25 KG Box Rates...... 21 55 .2 Liability Limits...... 31 40 .6 Private Express Statutes...... 22 55 .3 Exclusions from Liability...... 32 40 .7 Rates for Large Packages; ...... 33 Large Package Surcharge...... 22 56. Data Handling 40 .8 Over Maximum Limits Charge ...... 22 57. Incorporation of Documents; Waiver; 40 .9 Additional Handling Charge...... 22 Future Changes...... 33 40 10. Oversize Pallet Handling Surcharge...... 22 41. Peak Surcharges...... 22 42. Fuel Surcharges...... 22 43. Manual Processing Charges ...... 22 44. Third Party Billing Service...... 22 45. Billing Options for Domestic Shipments...... 23 46. Billing Options for International Shipments...... 23 47. Bill My Account...... 23 48. Disbursement Fee...... 23 49. Currency Conversion Rate...... 23 50. Missing/Invalid Account Number or Refusal Fee. . . . . 23 51. Shipping Charge Corrections; Audit Fee...... 23 52. Payment of Charges ...... 23 52 1. Invoice Adjustment...... 24 52 .2 Alternative Payment Plans...... 24 52 .3 Late Payment Fee...... 25 52 .4 Lien on Shipments...... 26 4 ups.com 1-800-PICK-UPSups.com

Effective July 11, 2021 (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® or against whom UPS asserts any claim and conditions of contract under which – UPS Hundredweight Service® UPS 2nd in any forum for legal or equitable United Parcel Service (“UPS”) is engaged in Day Air A.M®. relief – including, but not limited to, any claim for damages, refunds, credits, the transportation of Package shipments – UPS Hundredweight Service® UPS 2nd injunctive relief, and declaratory relief – itself and jointly through inter­change with Day Air® its affiliates via the services described below. arising out of or related to the provision The Terms apply to the following interna­ of services by UPS. The UPS Tariff/Terms and Conditions of tional services: – “C.O.D.” means for all purposes Collect Service (“Terms”) are effective on the date – UPS Worldwide Express Plus® on Delivery. set forth above and are subject to change without prior notice. The Terms are pub­ – UPS Worldwide Express NA1® – “Commercial” refers to any address that lished electronically on the UPS website – UPS Worldwide Express® is not Residential. (ups.com). The most current and control­ – UPS Worldwide Express Freight® Midday – “Daily Rates” and “Retail Rates” refer 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 that the version of the Terms and the – UPS Worldwide Expedited® selected by the Shipper that apply to the appli­cable UPS Rate and Service Guide – UPS 3 Day Select® from Canada Shipper and the Package, and are in effect (“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 transportation (however, the binding arbi­ “UPS Worldwide Express Freight Service” service, or additional or nonstandard tration requirement in Section 54 applies includes: usage, and any other additional charges 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 2. Definitions Used ized contracts. Effective December 28, – UPS Air Services 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 – UPS 3 Day Select® nating in Alaska and Hawaii published – “Delivery” shall be deemed to include, – UPS Hundredweight Service® UPS 3 in the effective Service Guide for Alaska but not be limited to any of the follow­ Day Select® and Hawaii, or Retail Rates established ing: (1) delivery to the Consignee or 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 Returns® Services rates for non­standard service, additional UPS Shipping System or, to any person 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 – UPS Next Day Air® delivery in accordance with trade custom 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 44 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 Visit ups.com for guarantee details, service Note: 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 relating to a Shipment in violation of appli­ UPS Host Access, UPS MobileTM shipping an address can be construed as either cable law or regulation, or of these Terms. apps, or an approved UPS Ready® solu­ 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 55.1 (“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 location, except for ammunition that sat­ Center representative upon tender of body parts, human embryos, or compo­ isfies all requirements for the shipment the Package; nents thereof; of ammunition set forth in Section 3.7.2 – Packages shipped or delivered to a UPS (“Ammunition”), including qualifying – Common fireworks; Access Point® location with a value of for the exception for Limited Quantity $5,000 or more; – Replica or inert explosives or weapons packages; that bear an appearance to actual explo­ – Domestic Packages with a value of more – UPS Returns® Services Shipments con­ sives or weapons (except as a contractual than $1,000 returned via Print Return taining hazardous materials (except for service); Label, Print and Mail Return Label, Limited Quantity Ground Packages, as Electronic Return Label, or 1 UPS Pickup – Packages containing marijuana, as set forth below), or firearms, or requiring Attempt Return Services; defined in 21 U.S.C. § 802(16), includ­ Delivery Confirmation Services; and – International Shipments with a value of ing marijuana intended for medicinal – Any other items prohibited by the Service more than $1,000 per Package or pallet use, and Packages containing Hemp, as Guide, or on the ups.com website. returned via UPS Print Return Label, defined in 7 U.S.C. § 1639o, when in plant UPS Print and Mail Return Label, form; Shippers are prohibited from shipping Electronic Return Label, 1 UPS Pickup and UPS will not accept for transportation –Packages using the same shipping label Attempt, or 3 UPS Pickup Attempts Shipments containing articles that UPS is and tracking number as any other Return Services (including via UPS not authorized to accept or that UPS states Package or a shipping label altered Returns® on the Web) unless a UPS high- in the Terms that it will not accept, includ­ without UPS’s express authorization. value shipment summary is obtained ing when such Shipments are tendered for If any such Package is found in the UPS by the Shipper or person tendering the transportation at UPS Customer Centers, system, each such Package is subject to Shipment and signed by the driver or UPS Worldwide Express Freight® Centers, charge and UPS will apply Charges in its UPS Customer Center representative UPS Access Point® locations, or any Third- sole and unlimited discretion. upon tender of the Shipment; Party Retailer. – Packages with an actual weight of more – International UPS Import Control® UPS reserves the right, but is not required, than 150 pounds, or Packages that when Shipments with a value of more than to return to the Shipper any Shipment measured to determine the billable $1,000 per Package or pallet unless a containing a prohibited article. Such return weight exceed 108 inches in length, or UPS high-value shipment summary is will be made solely at the Shipper’s risk and exceed a total of 165 inches in length plus obtained by the Shipper or person ten­ expense. UPS also reserves the right in its girth [(2 x width) + (2 x height)] com­ dering the Shipment and signed by the sole and unlimited discretion to dispose of a bined. If found in the UPS system, they driver or UPS Customer Center represen­ prohibited article found in the UPS system. are subject to one or more of the follow­ tative upon tender of the Shipment; ing additional charges: Over Maximum 3.2 Maximum Values – Packages with a value of more than $500 Weight, Over Maximum Length, or Over UPS does not accept for service Packages shipped via a UPS Drop Box; Maximum Size. Such charges apply in with values as set forth below: – Prepaid Letters with a value of more addition to all other applicable Charges – Any Package with an actual value of more than $100; including, but not limited to, a Large than $50,000, or $70,000 for Packages Package Surcharge. UPS reserves the right declared in accordance with the Enhanced – Packages with a value of more than $999 in its sole and unlimited discretion to Maximum Declared Value provisions of when Shipper Release is selected; return such Packages to the Shipper at Section 55.1 (“Maximum Declared Values”); – Packages with a C.O.D. amount in excess Shipper’s expense; – Packages with a value of $1,000 or more of $500 shipped via a UPS Drop Box; – Without prior approval by UPS, UPS shipped via a Third-Party Retailer or – UPS Worldwide Express Freight® Service Worldwide Express Freight® Service pallets UPS Access Point® location (including a Shipments having a value of more than that exceed maximum size or weight UPS Access Point® locker) if such Packages $100,000 per pallet. restrictions (which vary by origin and were processed for shipment using a UPS https://www. 3.3 Prohibited by Law destination) as set forth at Shipping System prior to drop off at the ups.com/assets/resources/media/wwef_ No service shall be rendered by UPS in Third-Party Retailer or UPS Access Point® max_dim.pdf the transportation of any Shipment that . Such pallets are subject to location or billed using Bill My Account; an Oversize Pallet Handling Surcharge. is prohibited by applicable law or regula­ – Packages processed for shipment prior tion of any federal, state, provincial, or – Shipments tendered (including pre- to tender using a UPS Shipping System local government in the origin or destina­ processed drop offs) to a Third-Party and tendered to a UPS driver or UPS tion country. It is the responsibility of Retailer or UPS Access Point® location Customer Center with a value of more the Shipper to ensure that a Shipment containing any hazardous materials than $1,000, unless a UPS high-value tendered to UPS, and any UPS Shipping requiring shipping papers, firearms, or shipment summary is obtained by the System entry that the Shipper prepares for ammunition. These prohibitions also Shipper or person tendering the Package that Shipment, does not violate any federal, apply to shipments delivered to a Third- and signed by the driver or UPS Customer state, provincial, or local laws or regula­ Party Retailer or UPS Access Point 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 with all applicable laws or the Terms. internationally except as a contractual 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 involved in the preparation of Hazardous Quantity, ammunition can be shipped records as provided in this paragraph, Materials for transport are properly trained, via UPS Ground only within the 48 con­ regardless of any FDA-designated compli­ tested, and certified in accordance with 49 tiguous United States or UPS Ground ance date for any provision of 21 C.F.R. Part C.F.R. Part 172.700 through 172.704, or with Intra-Oahu and Intra-Alaska. All other 1 Subpart J. IATA (Section 1.5) and for ensuring that a allowable ammunition Ship­ments are program exists for the retraining, testing, 3.9 Hazardous Materials Service accepted only on a contractual basis, and and certification as required by these rules. Hazardous Materials, defined as those must be prepared under the rules for a materials regulated under Title 49 of the All packaging used by the Shipper for the fully regulated hazardous material. See Code of Federal Regulations (49 C.F.R.) transportation of Hazardous Materials, further details in Section 3.11 (“Limited (excluding Limited Quantity Ground when required by regulation, must pass Quantity Packages”). Packages, as referenced below), and UN performance testing in accordance – Ammunition is not accepted for ship­ Dangerous Goods, defined as those mate­ with 49 C.F.R. Part 178.602 through ment internationally. rials regulated by the International Civil 178.609 or IATA (Section 6.0). Aviation Organization (ICAO) and pub­ See www.ups.com/content/us/en/ The Shipper must use a software system, lished in the International Air Transport resources/ship/packaging/guidelines/ such as the most current version of Association (IATA) Dangerous Goods firearms.html or contact UPS for more Regulations (collectively referred to as WorldShip® software that is acceptable to information. “Hazardous Materials,” or “Dangerous UPS for the preparation of documents for 3.8 Food Transport; Assumption Goods,” or “International Dangerous shipping Hazardous Materials, or an alter­ of Legal Responsibility Goods”), are accepted for transportation native method determined by UPS in its Shipments containing “food,” as defined only as a contractual service and in accor­ sole and unlimited discretion to perform in section 201(f) of the Federal Food, dance with the UPS Guide for Shipping the same functions. UPS will provide Drug, and Cosmetic Act, will be accepted Ground and Air Hazardous Materials, or Shippers, upon request, a list of vendors for transportation only according to the the UPS Guide for Shipping International who provide acceptable software systems. following terms. Shipper assumes all Dangerous Goods. To receive Hazardous UPS reserves the right to refuse to accept, responsibility with respect to establishing Materials or Dangerous Goods service, to return, or to dispose of, in compliance and maintaining all records required under the Shipper must sign and agree to the with applicable laws and regulations, any 21 C.F.R. Part 1 Subpart J §§ 1.326-1.363. provisions set forth in an approved UPS Hazardous Material that it determines not In so doing, Shipper assumes the legal agreement or agreements relating to have been prepared in accordance with responsibility under 21 C.F.R. § 1.363 for specifically to the transportation of the UPS Guide for Shipping Ground and Air establishing and maintaining records that Hazardous Materials, Dangerous Goods, Hazardous Materials, the UPS Guide for would otherwise be required to be main­ or International Dangerous Goods Shipping Inter­national Dangerous Goods, tained by UPS. Shipper agrees its records (“Hazardous Materials Agreement(s)”). and all applicable governmental laws will comply with 21 C.F.R. § 1.352 and Contact UPS for specific information, and regulations. The Shipper agrees to shall identify the immediate recipient of including a list of “Common Items That reimburse UPS for any costs or expenses the transported food; the origin and des­ May Be Classified as Hazardous Materials.” incurred as a result of any improperly tination points of shipment; the date the An additional charge will be assessed for packed or prepared Hazardous Materials Shipment is received and the date released; each Hazardous Materials Shipment. If which Shipper tenders to UPS. In addition, the number of Packages shipped; a descrip­ the Shipper fails to select a service level, the Shipper agrees to reimburse UPS for tion of the freight describing the type of provide the Dangerous Goods Class, or any costs or expenses incurred by UPS food received and released; and the route identify that a Shipment is not fully regu­ if Hazardous Materials tendered by the of movement. Shipper agrees expressly lated, the Shipment will be charged at Shipper are refused by the Shipper upon to make all records required by 21 C.F.R. the highest level of service, as Accessible return or cannot otherwise be delivered § 1.352 available to FDA as required by Dangerous Goods, as fully regulated, or for any reason including, but not limited 21 C.F.R. § 1.361. Shipper commits, and any combination of the above based on to, wrong delivery address or refusal of recognizes that it has the responsibility, the Shipper’s failure to provide sufficient Receiver to accept Delivery. to ensure that all such records are main- information to UPS. UPS may also assess tained consistent with the record retention UPS reserves the right, in its sole and an additional surcharge for Packages requirements provided in 21 C.F.R. § 1.360 unlimited discretion and without prior or pallets containing certain types of and the record availability requirements notice to the Shipper, to dispose of any Hazardous Material. Applicable surcharges provided in 21 C.F.R. § 1.363. Shipper international Shipment containing are described in the Service Guide and at agrees that within 45 days of the date of Dangerous Goods refused by the Receiver the ups.com website. shipment, Shipper will obtain or request or which for any other reason cannot be from UPS any information needed from It is the Shipper’s responsibility to deter­ delivered. Shipper shall be responsible for UPS to satisfy Shipper’s respons­ibility to mine if a Shipment contains a Hazardous all disposal fees. establish and maintain records. Shipper Material and to properly classify, label, The Shipper agrees to indemnify, defend, recognizes that the foregoing obligations mark, and package it in accordance with and hold harmless UPS, its parent corpora­ with respect to establishing and maintain­ applicable governmental regulations. tion, and affiliated companies, their officers, ing records cannot be terminated. Shipper When required, the Shipper is responsible directors, employees, agents, and their expressly agrees to immediately assume for ensuring that all of its employees 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 Ground with Freight Pricing service, and demands, expenses (including reasonable and UPS will not accept for transporta­ 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 repre­ Shipment, from the Shipper’s breach of Goods documents, when such Shipments sentative. Limited Quantity Packages the Hazardous Materials Agreement(s) are presented for shipment at UPS shipped via UPS Air Services and UPS or the Terms, or from the Shipper’s non- Customer Centers, Third-Party Retailers, 3 Day Select® service within the United compliance with governmental laws or or UPS Access Point® locations. Hazardous States and Puerto Rico are accepted for regulations applicable to the transporta­ Materials requiring shipping papers transportation on a contractual basis only. tion of Hazardous Materials whether cannot be picked up via UPS On-Call Limited Quantity 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 Package as defined as a solid waste that meets any set forth in Section 3.11 (“Limited Quantity Pursuant to 49 C.F.R. Part 173.30, in the of the criteria of hazardous waste as 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 Shipments that are the restrictions and conditions set forth ing Hazardous Materials that use dry ice tendered without the proper shipping on the ups.com website regarding Shipping (carbon dioxide, solid) as a refrigerant are documentation). If a Shipper tenders an Live Animals. A live animal Shipment will accepted for transportation within the 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 Packages Agreement(s), or any governmental regula­ the Shipper’s risk for any damage arising Limited Quantity Packages are accepted tions, UPS may, in its sole and unlimited from the perishable nature of the item. for transportation without Hazardous discretion, terminate all of the Shipper’s Shippers shall not file claims for, and UPS Materials shipping papers and without shipment locations or limit such termina­ shall not be liable to Shippers or any third a contract, only within the 48 contigu­ tion to those locations where the failure parties for, any damage arising from the ous United States via UPS Ground, UPS 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 Products (as the term is defined at agrees to reimburse UPS for any costs or perishable nature of the item, regardless of ups.com/tobacco) throughout its U.S. expenses incurred as a result of Shipper ten­ whether the Shipment is delivered pursu­ domestic network, including import and dering any such Packages to UPS, including ant to an applicable UPS Service Guarantee export, regardless of nicotine content and but not limited to all disposal fees. or is delayed in transit. UPS reserves the destination state. To make other Tobacco right to dispose of any Shipment in the Product Shipments, the Shipper must sign, 4. Provisions for Export and Customs UPS system containing a Perishable agree to, and comply with the provisions Clearance of International Shipments Commodity that UPS deems in its sole set forth in an approved UPS agreement for The Shipper (or the party tendering an and unlimited discretion to be of no value, the transportation of Tobacco Products. international Shipment to UPS for service, unsafe or unsanitary. Shippers and receivers must comply with referred to for purposes of this Section all applicable federal, state, provincial, or 3.15 Pharmaceuticals 4 as “Shipper”) is responsible for com­ local laws or regulations, and all Tobacco The Shipper shall comply with and shall pliance with all applicable U.S. export Product Shipments must conform to ensure that each Shipment containing control requirements, and must provide the terms, conditions, restrictions, and pharmaceutical products complies with UPS with all documentation and informa­ prohibitions set forth at www.ups.com/ all applicable federal, state, provincial, and tion required by the laws of the origin tobacco at the time of shipping. It is the local laws and regulations governing the and destination countries for export and responsibility of the Shipper to ensure that dispensing, shipment or tender of ship­ import of Shipments (i.e., for export and a Shipment tendered to UPS, including a ment of pharmaceutical products. customs clearance). The Shipper is respon­ Tobacco Product Shipment, does not violate sible for determining export and import 3.16 Portable Electronic Devices any federal, state, provincial, or local laws licensing or permitting requirements UPS transports Shipments containing radio or regulations applicable to the Shipment. for a Shipment, obtaining any required frequency identification devices (RFID), For all Tobacco Product Shipments, the licenses and permits, and ensuring that ultrawideband devices (UWB), and other Shipper must use Delivery Confirmation the Consignee is authorized by the laws portable electronic devices (PED) only Adult Signature Required service requesting of the origin and destination countries to when such devices are in an inactivated an adult signature at the time of delivery. receive the Shipment. The Shipper must state or otherwise in compliance with UPS reserves the right to refuse to accept, regularly review its import and export applicable law including 14 C.F.R. § 91.21, transport, or deliver any Tobacco Product transactions and immediately notify UPS 14 C.F.R. § 121.306, or 47 C.F.R. § 15.521(a). Shipment that UPS, in its sole and unlimited of any incorrect or incomplete informa­ discretion, determines does not comply 3.17 Tobacco and Vaping Products tion provided, including information filed with UPS requirements for the shipment Shipments containing Tobacco Products with, or otherwise transmitted (whether or any applicable law or regulation, and to (“Tobacco Product Shipments”), are in writing or electronically) to, a U.S. or discontinue any or all service to any Shipper accepted for transportation only from other governmental agency. By tender­ for, among other reasons, tendering such a Shippers who are licensed and autho­ ing an international Shipment for service Shipment. UPS reserves the right to dispose rized to ship Tobacco Products pursuant and providing UPS with documentation of any Tobacco Product Shipment that to applicable laws. UPS does not provide (including any Source Documents), the Shippers are prohibited from shipping, that service to any person or entity listed in the Shipper certifies that the docu­men­tation UPS is not authorized to accept, that UPS Bureau of Alcohol, Tobacco, Firearms and includes all required licenses and permits, states that it will not accept, or that UPS has Explosives PACT Act – Non-Compliant List. that the statements in that documenta­ a right to refuse. tion and any other information that the For purposes of the UPS Tariff/Terms and 3.18 Prohibited Item Fee Shipper provides to UPS relating to expor­ Conditions of Service, the term “Tobacco Packages that contain any of the prohibited tation and importation are complete, true, Products” is defined at www.ups.com/ articles listed in the applicable Service correct, and in compliance with the laws tobacco. Shippers should consult Guide or the Terms are subject to additional of the origin and destination countries, www.ups.com/tobacco for the current charges, including but not limited to a and that the Consignee is authorized by definition of Tobacco Products, as the defini­ Prohibited Item fee, if found in the UPS the laws of the origin and destination tion may change periodically. At present, system. Packages that contain restricted countries to receive the Shipment. Further­ and without limiting the complete defini­ articles not in compliance with all UPS more, the Shipper understands that civil tion posted at www.ups.com/tobacco, the policies and procedures and applicable and criminal penalties including seizure term “Tobacco Products” includes any laws and regulations are also subject to and forfeiture, may be imposed for failing product made or derived from tobacco additional charges, including but not to provide UPS with all required documen­ that is intended for human consump­ limited to a Prohibited Item fee, if found tation, licenses, permits, statements, and tion, including any component, part, or in the UPS system. Such charges apply in information, for making inaccurate, false, accessory of a tobacco product; the term addition to all other applicable Charges or fraudulent statements, or for violating includes, without limitation, e-cigarettes, and in addition to any other rights to U.S. or other country laws regulating e-hookah, e-cigars, vape pens, advanced recovery UPS may have under the Terms exports or imports (see, e.g., 13 U.S.C. refillable personal vaporizers, and or applicable law. UPS reserves the right in § 305; 18 U.S.C. §§ 545, 554 and 1001; 19 electronic pipes. its sole and unlimited discretion to dispose U.S.C. §§ 1595a and 1592; 22 U.S.C. § 401; UPS prohibits the shipment of Cigarettes of such Packages, submit such Packages and Subchapter C of 15 C.F.R. (i.e., The or Little Cigars (as those terms are defined to governmental authorities, or return Export Administration Regulations)). at ups.com/tobacco) to consumers. UPS such Packages to the Shipper solely at the Shipper further authorizes UPS to share also prohibits the shipment of all Vaping Shipper’s risk and expense. The Shipper information generally considered ups.com UPS Tariff/Terms and Conditions of Service – United States 11

UPS® Tariff/Terms and Conditions of Service – United States

confidential under 19 CFR 111.24 or any all claims, demands, expenses, or liabilities 4.1 Electronic Export Information applicable laws, rules, or regulations of including, but not limited to, fines, penal­ If Electronic Export Information (EEI) countries other than the United States ties, liquidated damages, storage charges, is required to be filed through the that govern the confidentiality of customs duties, fees, taxes, late payment fees, or Automated Export System (AES) under brokerage data, including but not limited other money due, arising from the trans­ the Foreign Trade Regulations of the U.S. to information concerning points of portation, importation, exportation, or Bureau of the Census (“Census”) (i.e., Part contact, addresses and telephone numbers, customs clearance of Shipments on behalf 30, 15 C.F.R.), and the Shipper has not revenue, and customs entry data, with of the Shipper, or arising from the Shipper’s filed the EEI and provided an Internal corporations owned by or under common noncompliance with the laws of the origin Transaction Number (ITN) to UPS to ownership with UPS, with corporations and destination countries, or UPS require­ confirm that an EEI transaction was sub­ owned and operated by United Parcel ments applicable to the Shipment. mitted to Census by the Shipper accepted Service, Inc., Delaware, or with UPS’s UPS provides routine customs clearance and is on file in the AES, UPS will electroni­ authorized service providers incidental through UPS Supply Chain Solutions® cally file the required EEI on behalf of the to their provision of services. brokerage offices designated by UPS for Shipper, provided that all information When an international Shipment is ten­ handling customs clearance of Shipments required to file the EEI is supplied by the dered to UPS, UPS is thereby appointed at no additional charge, except for UPS® Shipper in the UPS Shipping System or as the agent for performance of customs Standard to and from Canada Shipments, other export documentation and UPS has clearance in the destination country to for which a brokerage service charge received proper authorization or a Power the extent allowed by law. The Shipper applies. Other UPS Supply Chain Solutions® of Attorney from the Shipper to complete shall provide all Powers of Attorney and customs brokerage offices charge fees for and file the EEI. A processing fee will be other authorizations required by appli­ the clearance of Packages and freight. For assessed and billed to the Shipper. The cable law for UPS to serve as the Shipper’s UPS Standard to Mexico, UPS Supply Chain Shipper is solely responsible for determin­ agent to perform customs clearance in the Solutions® customs clearance is required. ing whether EEI is required to be filed destination country. UPS is specified as Failure to do so will result in Packages through the AES for its shipment and for the nominal Consignee for the purpose of auto­matically returned to Shipper. ensuring that the EEI is accurately and designating a customs broker to perform timely filed, whether by the Shipper or by Additional charges may apply for complex customs clearance. Local authorities may UPS acting as the filing agent on behalf of customs clearance procedures, which require documentation confirming that the Shipper. include, but are not limited to, the UPS has been designated as the nominal following: 4.2 Certificate of Origin Consignee. – Clearance procedures involving a govern­ UPS may, based solely on information that Fines, penalties, liquidated damages, ment agency other than U.S. Customs the Shipper furnishes, prepare a Certificate storage charges, or other expenses incurred and Border Protection; of Origin for goods manufactured and orig­ as a result of an action by U.S. Customs – Customs Bonds; inating within the United States on behalf and Border Protection (or any other U.S. – Drawbacks; of the Shipper when one is required but or other country’s government agency reg­ not included with the export documents – Formal entries involving more than ulating imports or exports), or as a result provided by the Shipper. When authoriz­ three tariff lines; of the failure of the Shipper or Consignee ing UPS to prepare a Certificate of Origin, to provide complete, true, and correct doc­ – Live Entries; the Shipper certifies that the information umentation, statements, or information – Country of Origin Marking; or it provides to UPS is complete, true, and required by the laws of the origin and des­ – Temporary Import Bonds (T.I.B.). correct and that the completed Certificate tination countries (including the failure of Origin complies with the laws of each to obtain a required license or permit) will UPS is under no obligation, unless the country where a claim will be made that be charged to the Shipper or Consignee customer requests in writing and UPS along with any applicable duties, fees, or agrees in writing, to undertake any pre- the goods are manufactured and originate taxes, and any applicable late payment or post-importation action including, but in the United States. A processing fee will fees assessed by UPS. Unless a written not limited to, obtaining binding rulings, be assessed and billed to the Shipper. advising of liquidations, filing protests, agreement between UPS and the Shipper 4.3 UPS Paperless® Invoice Service or filing petitions for relief. specifies otherwise, UPS reserves the right A Shipper must register with UPS and in its sole and unlimited discretion to UPS may prepay duties, fees, or taxes on accept the UPS SCS Paperless Invoicing charge the Shipper or Consignee for any behalf of the payer. For importation into Terms and Conditions in advance of ship­ such fines, penalties, liquidated damages, the United States, a fee will be assessed and ping to use UPS Paperless Invoice service, storage charges, expenses, duties, fees, taxes, billed to the importer. A fee may also apply where such services are available. The or late payment fees. Regardless of any such for shipments to other countries. Shipper also acknowledges that, by continu­ written agreement specifying otherwise, ing to use UPS Paperless Invoice service, in the event of non-payment by the Con­ For any claims arising from import, export the Shipper is accepting any updates signee, the Shipper is liable for all Charges. or customs clearance activities, the liabil­ ity of UPS (including UPS Supply Chain and revisions to the UPS SCS Paperless The Shipper agrees to indemnify, defend, Solutions) shall be limited to the lesser of Invoicing Terms and Conditions. By using and hold harmless UPS, its parent cor­ (i) $50 per entry, filing, or transaction; or UPS Paperless Invoice service (via a UPS poration, and affiliated companies, their (ii) the amount of fees paid to UPS for such Automated Shipping System or any other officers, directors, employees, agents, and entry, filing, or transaction. method, including, but not limited to, an their successors and assigns, from any and API platform or a third-party system) or any 12 ups.com 1-800-PICK-UPSups.com

UPS® Tariff/Terms and Conditions of Service – United States

other means on a UPS Automated Shipping 4.5 Record-Keeping Notwithstanding anything herein to System to electronically generate a paper­ The Shipper agrees and consents that UPS the contrary, for all UPS Import Control® less invoice, the Shipper authorizes UPS to may preserve a record of the carriage for Shipments tendered to UPS for export use the Shipper’s letterhead and electronic an international Shipment using means from the U.S., that transit the U.S., or that signature and the data, documents, and other than producing a copy of the air contain U.S.-origin goods, the sender information that the Shipper provides waybill. The Shipper has a duty to and is or tendering party is the exporter for to generate true, correct, and paperless solely liable for maintaining all records as purposes of the Export Administration invoices that reflect, in all material respects, required under the export and customs or Regulations (“EAR”), and it shall be respon­ the Shipper’s actual commercial invoice and other laws of the origin and destination sible for determining licensing authority the Shipper’s sale transactions of merchan­ countries, unless otherwise agreed to in (license, license exception, or NLR) and dise to its buyers (i.e., the “Sold To” Parties) writing. UPS assumes no responsibility to obtaining the appropriate license or other and that are necessary to expedite in accor­ act as a record-keeper or record-keeping authorization as provided in Section 4 dance with law the export and customs agent for the Shipper. (“Provisions for Export and Customs clearance of international Shipments. The Clearance of International Shipments”). Shipper shall provide to UPS in advance 5. UPS Import Control® Service In no event shall a party arranging for all required information including, but UPS Import Control® service allows a UPS Import Control® service provide not limited to, the true and accurate price Shipper to process an import Shipment, a writing assuming responsibility for at which the merchandise was sold to the including commercial invoice. Where determining licensing requirements and “Sold To” Party, any required additions to available, a Shipper may use UPS Import obtaining license authority for any UPS customs value (e.g., dutiable commissions, Control® service to create a Print Import Import Control Shipment to the tendering royalty/license fees, assists, packing costs, Label, Electronic Import Label, or Print party. UPS does not agree to serve as the and proceeds of subsequent sales), the cur­ and Mail Import Label to provide to the exporter for purposes of the EAR. rency of the sale, country of origin, terms sender or party tendering the Shipment of sale, the quantities, ultimate Consignee, to UPS, or a Shipper may request 1 UPS 6. Right of Inspection and a complete commercial description Pickup Attempt or 3 UPS Pickup Attempts UPS reserves the right in its sole and of the merchandise. By using the service, to request that UPS make pickup attempts unlimited discretion to open and inspect Shipper represents and certifies that the to retrieve import Shipments from a any Shipment tendered to it for transporta­ data, documents, and information the sender’s address. 3 UPS Pickup Attempts tion, but is not required to do so. Shipper provides is true, complete, and is not available for UPS Worldwide accurate and that the paperless invoice the Express Freight® Service Shipments. UPS 7. Refusal of Service Shipper prepares is, in all material respects, Import Control® service is available only UPS reserves the right to refuse to provide an electronic copy of the actual commercial in countries where UPS pickup services service, among other reasons, for any 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 duty to disclose to UPS any and all required be assessed for each unique UPS Import ous or other character of its contents may, commercial invoice information, in accor­ Control label. in the sole judgment of UPS, soil, taint or otherwise damage other Shipments or dance with 19 C.F.R. Part 141, Subpart F Shipments containing certain items are UPS’s equipment, or which is improperly (Invoices) for shipments entering the United prohibited from being shipped and are not or insecurely packed or wrapped, as deter­ States and any other laws governing valu­ accepted by UPS for UPS Import Control® mined by UPS in its sole judgment. ation and invoicing requirements of other service including, but not limited to, countries of destination or origin, and to Hazardous Materials Shipments requiring Before accepting any Shipment, UPS ensure its accuracy and completeness. The shipping papers, firearms, or Shipments reserves the right to require sufficient Shipper shall maintain and produce to UPS, requiring Delivery Confirmation Services. verification, as determined by UPS in if requested, a copy of the original com­ C.O.D. service is not available for UPS its sole and unlimited discretion, of the mercial invoice (between the buyer and the Import Control® Shipments. Shipper’s name and address, or any other seller) and provide timely upload of PLD to information necessary to accept the The maximum actual or declared value use UPS Paperless Invoice service. Shipment for service. UPS reserves the for each UPS Import Control® Shipment right to refuse to provide service for any 4.4 Pre-Release Notification is $50,000 per Package and $100,000 per Shipment or to or from any location, or for Import Shipments pallet, provided that, for any UPS Import A Shipper or Consignee may request that to provide alternative service arrange­ Control® Package or pallet with an actual UPS notify the Consignee prior to sub­ ments, or to intercept, hold or return any or declared value in excess of $1,000, the mission of a U.S. import Shipment to U.S. Shipment when, among other reasons, Shipper must ensure that a UPS high-value Customs and Border Protection so that the UPS, in its sole and unlimited discretion, shipment summary is generated and signed importer may validate the classification, determines that it is unsafe or economi­ by the UPS driver or UPS Customer Center valuation, or other import information. cally or opera­tionally impracticable to representative upon tender of the Ship­ An additional fee applies for this service provide service, that its services are being ment to UPS. If no high-value shipment and will be billed to the importer or to used in violation of federal, state, or local summary is obtained and signed, the the Shipper when the Shipper is selected law, or for fraudulent purposes, or when maximum actual or declared value of each as the payer of the duties and taxes for the account of the person or entity respon­ such Package or pallet is limited to $1,000. the Shipment. sible for payment is not in good standing. ups.com UPS Tariff/Terms and Conditions of Service – United States 13

UPS® Tariff/Terms and Conditions of Service – United States

8. Packaging ensure that pallets and packaging comply If timely upload of PLD is not provided, It is the responsibility of the Shipper to with all applicable laws and regulations of certain UPS services are unavailable, ensure that proper packaging is used and the origin and destination country. including but not limited to Direct that contents are adequately and securely Delivery Only, Ship to a UPS Access Point® packed, wrapped, and cushioned for 9. Use of UPS-Provided Materials location, UPS Delivery Intercept® service, transportation. Shipments must be so and Services and UPS Proactive Response® service. packed or wrapped as to meet UPS’s pub­ UPS-provided materials including, but Timely Upload of PLD as used in these lished standards related thereto set forth not limited to, packaging materials and Terms refers to the electronic transmis­ in the Service Guide, or on the ups.com supplies, envelopes, labels, label printers, sion of all applicable PLD information to website, and as to pass tests set forth in shipping documents, publications and UPS at or before the time that Shipments the International Safe Transit Association products are provided solely for the use are tendered to UPS. PLD includes, but (“ISTA”) Procedure 3A, Procedure for of UPS Shippers to obtain UPS services on is not limited to, Consignee’s full name, Testing Packaged Products, published by their behalf and to interact with UPS. Any complete delivery address, and Shipment ISTA. Acceptance of tender by UPS is not other use of such UPS-provided materials dimensions and weight. If Shipper does not an indication that a Package is packed in is strictly prohibited. upload all applicable PLD information to accordance with UPS’s published stan­ UPS, UPS reserves the right to determine UPS Express® Envelopes, UPS Express® Pak, dards. In addition, any tested product must UPS Express® Boxes, UPS Express® Tubes, missing PLD to be used for invoice pur­ be free from damage and the packaging UPS 10 KG Box and UPS 25 KG Box pack­ poses in its sole and unlimited discretion, must afford reasonable protection as deter­ up to and including maximum size and mined by UPS in its sole judgment. aging may not be used for UPS® Ground, UPS® Standard, UPS 3 Day Select®, or UPS weight for the applicable service. In addi­ Shipments containing goods of high value Worldwide Expedited® Shipments. tion, a processing fee will be charged for or high risk, including without limitation missing PLD if Shipper does not upload all jewelry, pharmaceuticals, computers, Under no circumstances may a Shipper sell applicable PLD information to UPS prior to hand-held electronic devices, mobile any UPS-provided materials, products, or Package Delivery. services to any third party without prior telephones, and electronic components 12.1 Use of PLD Obtained Email Addresses written authorization from UPS. of these, must not have labels, customized and Telephone Numbers shipping labels (including as created in a A weekly charge applies for use of UPS- By including the email address or telephone UPS Automated Shipping System), mark­ provided thermal label printers. number of the Consignee or associated ings, logos, or other written notice of addressee in PLD for a Shipment (“PLD contents contained within the Package. 10. Use of UPS Accounts Contact(s)”), the Shipper acknowledges The use of UPS-provided packaging is not UPS account holders are prohibited from and agrees that UPS may use such PLD a guarantee that an item is sufficiently permitting the use of their UPS accounts Contact(s) and may send notifications to packaged for transportation. UPS does not by any third party to process or tender a the Shipment's associated PLD Contact(s) provide special handling for Shipments Shipment to UPS without prior written related to the delivery of such Shipment and with “Fragile,” orientation markings (e.g., approval from UPS. UPS account holders actions the PLD Contact(s) may take with “UP” arrows or “This End Up” markings), are also prohibited from using their UPS respect to the Shipment. The PLD Contact(s) or any other similar such markings. accounts to process or tender a Shipment may be invited to enroll in UPS My Choice® When shipping media of any type contain­ to UPS on behalf of any third party to take these actions. The Shipper warrants ing sensitive personal information (such as without prior written approval from UPS. that (i) informed and specific consent, in personal financial or health information), compliance with all applicable laws, rules, it is recommended that the Shipper retain 11. Use of UPS Electronic Information and regulations (including, where appli­ a copy of the data and secure the data on Systems cable, of the jurisdiction of Consignee's the media through encryption or other Use of UPS electronic information systems domicile), has been secured from the indi­ technological means. UPS is not liable or to which Shippers are granted access by vidual associated with each PLD Contact responsible for loss of, damage to, or irre­ UPS and which are accessed by means to receive notifications from UPS related to trievability of data stored on media of any of hardware, software, or internet inter­ the delivery of such Shipments and actions type, or for loss of information, including faces, including UPS Shipping Systems, the PLD Contact(s) may take with respect without limitation personal, health or are subject to and will be governed by to the Shipment and for use by UPS of the financial information. For the shipment of the terms in effect at the time of ship­ PLD Contact(s) as provided above, and that electronic media, or for breakable items, ping for the relevant system, including (ii) the PLD Contact(s) is accurate and is see the packaging guidelines located at the without limitation, the UPS Technology controlled by the Consignee or associated ups.com website. The guidelines advise Agreement, the iShip® Master Enterprise addressee for the Shipment with which it is against the use of UPS Express® Envelopes, Service Agreement, the ConnectShip® End associated. Shipper will store such consents UPS Express® Pak, or UPS Express® Pad User License Agreement, or that agreement and, upon request by UPS, make available Paks to ship sensitive personal information licensing use of a UPS Ready® solution. such consents to UPS. or breakable items. 12. Timely Upload of PLD; Missing The Shipper shall defend, indemnify and UPS Worldwide Express Freight® Service hold harmless UPS, its parent corporation, Shipments must be palletized, stackable, PLD Fee and affiliated companies, their officers, able to be lifted by forklift, and shrink- The Shipper must provide Timely Upload directors, employees, agents, and their wrapped or banded to a skid. Shipper must of Package Level Detail (“PLD”) to UPS. 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 37 (“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- and unlimited discretion. Persons tender­ Where Shipper provides an e-mail address ages that have been processed for shipment ing or picking up Shipments on behalf or phone number, Shipper does so pursu- prior to tender using a UPS Shipping System of a business may be required to provide ant to Section 12.1 (“Use of PLD Obtained only) at a UPS Access Point® location are identification issued by the business and Email Addresses and Telephone Numbers”). 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 – Daily On-Route Pickup: When Daily UPS Worldwide Express Freight® Service. Additional terms, restrictions and require­ On-Route Pickup service is selected, UPS ments are set forth in the Service Guide will call on Shipper’s location each busi­ 20. Saturday Air Processing Fee; for the applicable destination country ness day to pick up Packages while Saturday Export Processing Fee; and at https://www.ups.com/media/en/ making deliveries in Ship­per’s area. Saturday Stop Charge ShiptoaUPSAccessPointlocation_US_EN.pdf, – Day-Specific Pickup: When Day-Specific UPS offers Saturday pickup of UPS Air which are each incorporated herein by Services Packages and UPS Hundredweight this reference. Pickup is selected, UPS will call on Shipper’s location each business day as Service® Air Services Shipments for Delivery 17.2 Ship to a UPS Access Point Location preselected by Shipper. Shipper may in the United States and Puerto Rico where Service – Deliver to Addressee Only select up to four business days per week such services are available and subject to a If the Deliver to Addressee Only option is for Day-Specific Pickup. processing fee. UPS offers Saturday pickup of UPS Worldwide Express Plus, UPS selected, the Package may only be picked – UPS Smart Pickup® service: When UPS Worldwide Express, and UPS Worldwide up by the person identified on the ship­ Smart Pickup® service is selected, UPS Saver Shipments for Delivery to select des­ ping label. Pickup by any Third Party is not will call on Shipper’s location any busi­ tination countries where such services are permitted. The Deliver to Addressee Only ness day when the Shipper transmits PLD available and subject to a processing fee. option is subject to an additional charge. using the current version of WorldShip® Saturday pickup is available for domestic software, UPS CampusShip® software, 17.3 Ship to a UPS Access Point Location UPS 3 Day Select® Service, UPS Ground, or ups.com shipping, by the deadline Service – Package Release Code UPS Ground with Freight Pricing, UPS designated by UPS, or if Shipper has sched­ If the Package Release Code option is Hundredweight Service® UPS 3 Day Select, uled a pickup by telephone or through selected, the Shipper must enter a four- to and UPS Hundredweight Service Ground the ups.com website, prior to the dead­ six-digit numeric code when processing Shipments in select areas (these areas line designated by UPS. the Package for shipment and provide the are referred to here as “Saturday Ground code to the person picking up the package. For Daily Pickup, Daily On-Route Pickup, Service Terri­tories”). Within Saturday The Shipper is solely responsible for gen­ and Day-Specific Pickup, a weekly service Ground Service Territories, a Saturday erating, maintaining, and transmitting the charge based on the account’s weekly Stop Charge that varies depending on the Package Release Code. The Shipper must billing total, as reflected in the UPS billing type of pickup service selected will apply also provide all other information required system, will be assessed. The weekly any time the Shipper requests that UPS to comply with UPS policies and proce­ billing total may not necessarily reflect all pick up any Packages on a Saturday, in dures and applicable laws and regulations, Packages tendered during a calendar week. addition to any Saturday Air Processing including but not limited to customs For UPS Smart Pickup® service, a weekly fee(s), regardless of whether there are requirements, as part of the PLD. There service charge will be assessed. packages to be picked up that day. Refer to the Service Guide for an explanation of is no additional charge for the Package Scheduled Pickup Services are not avail­ applicable charges associated with pickup Release Code option. able for any UPS Worldwide Express service on Saturdays. The Package Release Code must be pre­ Freight® Service. The Shipper should contact UPS for sented to pick up the Package. Any person ® information regarding UPS’s Saturday who presents the Package Release Code 19. UPS On-Call Pickup Service pickup area. Refer to UPS’s website for may pick up the Package. UPS cannot When UPS On-Call Pickup® service is Delivery commitment information provide the Package Release Code to requested by the Shipper, UPS will arrange (where reasonably practicable) a pickup applicable to Packages picked up on the Shipper, the Consignee, or any other at the Shipper’s loca­tion. An additional Saturday. Saturday pickup service is person at any time. UPS shall not be charge for UPS On-Call Pickup® service provided by the following methods: liable for any loss, damage, or costs of any will be assessed. kind arising out of or relating to loss of – A Shipper may request Saturday pickup or unauthorized access, acquisition, use, UPS On-Call Pickup® service from a via UPS On-Call Pickup® service by con­ modification, disclosure, or destruction of Residential address will be assessed an tacting UPS on or in advance of each the Package Release Code. 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 – Shippers with UPS Smart Pickup service automatically and will be charged at the within the 48 contiguous states. A Remote may schedule a Saturday pickup by rate applicable between the point of tender Area Surcharge will apply to each Package processing a qualifying Package for and the return address. The effective UPS delivered to, and any UPS On-Call Pickup pickup each Saturday, excluding holi­ Rates for the applicable shipment will apply. 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. Packages that are tendered for UPS Ground Delivery Area Surcharge and Remote The Saturday Air Processing fee (formerly service in the 48 contiguous United States. Area Surcharge. referred to as a “Saturday Pickup” charge) 22. Delivery A Delivery Area Surcharge, Extended will be assessed for each UPS Air Services Delivery Area Surcharge or Remote Area UPS does not limit Delivery of a Shipment Package or each UPS Hundredweight Surcharge, respectively, will apply if either to the person specified as the Receiver Service® Air Services Shipment processed the delivery (or pickup, where applicable) in the UPS Shipping System. Unless the using a UPS Shipping System, tendered to address entered in the UPS Shipping Shipper uses Delivery Confirmation UPS, or tendered to a Third-Party Retailer System or the actual delivery (or pickup, service requiring a signature, UPS reserves on a Saturday, in addition to any applicable where applicable) address falls within ZIP the right, in its sole and unlimited discre­ UPS On-Call Pickup® charge and Saturday Codes designated by UPS as subject to such Stop Charge. tion, to make a Delivery without obtaining charges. Such charges apply in addition to a signature. The Saturday Export Processing Fee will all other applicable Charges, including but be assessed for each UPS Worldwide 23. Direct Delivery Only Surcharge not limited to the Residential Surcharge. Express Plus, UPS Worldwide Express, or Where available and subject to a Direct UPS Worldwide Saver Shipment processed Delivery Only surcharge, UPS may in its 26. Delivery Attempts; ® using a UPS Shipping System, tendered to sole and unlimited discretion accept a UPS Access Point Locations UPS, or tendered to a Third-Party Retailer Shipper’s request to limit (1) reroutes of If UPS is unable to deliver a Shipment, a on a Saturday, in addition to any applicable Packages to an alternate address by the notice will be left at the Consignee’s address UPS On-Call Pickup® charge and Saturday Consignee (including but not limited to stating that Delivery has been attempted. Stop Charge. Delivery Change Requests and UPS My Thereafter, a second and, if necessary, 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) up, a minimum processing fee will be and (2) delivery to a UPS Access Point® Shipments not delivered after three assessed outside Saturday Ground Service location following a first delivery attempt attempts will be considered undeliver­ Territories. at a Residential address. able and may be returned to the Shipper. See further details in Section 37 (“Special 21. Drop Shipment Packages containing firearms must use Handling of Undeliverable Shipments; Direct Delivery Only service. A unique Drop Shipper account number Refused Shipments Returned”). will be assigned to approved Shippers and Direct Delivery Only does not limit UPS For Residential deliveries and where avail­ must be used solely for the origin and des­ Delivery Intercept® requests or Delivery able, UPS may in its sole and unlimited tination locations as specified in the UPS pursuant to UPS’s driver release or Shipper discretion, after the first delivery attempt, Drop Ship Letter of Understanding or as Release procedures, and does not require deliver a Shipment to a UPS Access Point® required by UPS. signature on Delivery or Delivery to the location, where such Shipment will be UPS reserves the right to refuse any Drop person specified as the Receiver in the held for pickup. Requests for subsequent Shipment request, in its sole and unlimited UPS Shipping System. The Shipper must Delivery attempts are subject to additional discretion, including, but not limited to, provide timely upload of PLD to request Charges which will be assessed to the any Drop Shipment that is operationally or Direct Delivery Only. Consignee. For UPS Worldwide Express economically impracticable to transport. 24. Residential Surcharge Freight® Service Shipments, only one A request for Drop Shipment service is not Delivery attempt will be made and sub­ A Residential Surcharge will apply if either reasonable unless the Shipper makes a sequent Delivery attempts are subject to the delivery address entered in the UPS prior arrangement with UPS, agreed to additional charges which will be assessed Shipping System or the actual delivery in advance by UPS, as to timing, location, to the Consignee. Refer to Section 31 address is considered Residential (regard­ and volume of the Drop Shipment. (“Delivery Change Requests”) for further less of a Shipper’s designation of the When a Shipper, through prior arrange­ information. 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 At the time a Shipper tenders a Shipment the climate impact of a Shipment via UPS Shipper, as set forth in Section 37 (“Special to UPS, the Shipper may request that UPS carbon neutral service by selecting UPS Handling of Undeliverable Shipments; hold a domestic Package at a designated carbon neutral at the time a Shipment is Refused Shipments Returned”). 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 additional charge will be assessed for each address label on the Shipment. Hold for Center. In addition, a Commercial Receiver Package or pallet. Pickup is not available for international may request that UPS return a Package to the Shipper before Delivery is attempted. Package shipments. ® 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 An additional charge set forth in the UPS not required). Third Party’s UPS account number be billed for such Package. UPS will honor a Rates applicable to the Shipment in effect UPS will hold the Shipment at the des­ UPS Delivery Intercept® request in its sole at the time of the request will be assessed ignated UPS Customer Center or UPS and unlimited discretion where practica­ to the Consignee for each Package rerouted, Worldwide Express Freight® Center and ble and where the Shipper has guaranteed redelivered, directed to a UPS Access Point will attempt to contact the Consignee at payment of applicable Charges resulting location, or held for future Delivery by a the telephone number shown on the label. from the change. UPS shall not be liable Delivery Change Request. If any Delivery Shipments not picked up within seven (7) for any damages whatsoever for failure Change Request requires a Package move­ calendar days from the date of arrival will or refusal to comply with a UPS Delivery ment from the original Receiver address be considered undeliverable. Intercept® request. beyond a UPS Zone 2, additional Charges also will apply and be assessed to the 28. Shipper Release An additional charge, set forth in the UPS Consignee. Such additional Charges will be Rates applicable to the Shipment in effect A Shipper may request that UPS release a calculated as a newly-initiated Shipment at the time of the request will be assessed Shipment on the first Delivery attempt. between the original Receiver address and for each Package returned to the Shipper, When Shipper Release is selected, UPS will the new rerouted address, and will include rerouted, or held for future Delivery. If make only one Delivery attempt, a signa­ (but not be limited to) all applicable sur­ a request to reroute a Package requires ture will not be obtained upon Delivery, charges. All original Charges will continue a Package movement from the original to apply as if the Package were delivered and a UPS Delivery record showing a Receiver address beyond a UPS Zone 2, to the original Receiver address. For a completed Shipper Release delivery shall additional Charges also will apply. Such request to return to Shipper, all applicable be conclusive proof that Delivery was com­ additional Charges will be calculated as Charges will apply and be assessed to the pleted. Shipper Release is provided solely a newly-initiated Shipment between the Shipper, as set forth in Section 37 (“Special at the Shipper’s risk of loss or damage original Receiver address and the new Handling of Undeliverable Shipments; arising from the release of the Shipment rerouted address, and will include (but not Refused Shipments Returned”). by UPS and UPS will not be liable for any be limited to) all applicable surcharges. damages arising from the release of the All original Charges will continue to apply For UPS Worldwide Express Freight® Shipment. 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 Shipper, upon request, will be provided call 1-800-PICK-UPS® (1-800-742-5877) for UPS hold a pallet at a UPS Worldwide with the correct or complete address in Saturday Delivery commitment informa­ Express Freight® Center. After the Receiver order to update its internal records. UPS tion for these services. Where Saturday has received notice from UPS that Delivery may in its sole and unlimited discretion Delivery is available for these services, has been attempted, the Receiver may correct or complete an address based on there is no additional charge, except as set request that UPS return a pallet to the information obtained from the Shipper or forth herein. Commercial Consignees in Shipper, hold for future Delivery, or make Consignee. An address correction charge Saturday Ground Service Territories must a Delivery Reattempt. Delivery Reattempt will be assessed to the Shipper for an pay for a Saturday Stop Charge – Scheduled charges will apply to subsequent attempts address correction or completion. Pickup and opt in to be eligible to receive to deliver UPS Worldwide Express Freight® such deliveries on Saturday. Service Shipments beyond the first Delivery 33. Saturday Delivery attempt. For requests to return to the Ship- UPS offers Saturday Delivery by request 34. Delivery Confirmation Services per, all applicable Charges will apply and for certain Delivery areas for certain UPS UPS provides the following Delivery be assessed to the Shipper. Air Services and international services, as Confirmation Services. An additional charge applies for each service: UPS will honor a Delivery Change Request set forth in the Service Guide. To request Saturday Delivery for these services, a in its sole and unlimited discretion where 34.1 Delivery Confirmation (domestic only) Shipper must indicate the selection in the practicable and where the Receiver has A Shipper may request Delivery Confir­ UPS Shipping System and attach a Saturday guaranteed payment of any applicable mation Service by indicating Delivery Delivery routing label to each Package or Charges resulting from the change. By Confirmation in a UPS Automated Ship- pallet. Refer to UPS’s website for available requesting a Delivery Change, the Receiver ping System. Delivery Confirmation infor­ Saturday Delivery areas for these services. acknowledges and agrees that the limita­ mation will include the date of Delivery Where Saturday Delivery is requested, an tions of liability set forth in the Terms in and either the name of the recipient or the additional charge will be assessed for each effect at the time of Shipment apply to the disposition of the Package; or, in the event such Shipment for Saturday Delivery and Shipment subject to the Delivery Change of a return, the reason for the return and will be billed to the payer of the Charges. Request and that the value originally the date processed. Delivery Confirmation declared by the Shipper, if any, shall con­ Saturday Delivery is also available without information is available online or by mail. tinue to apply throughout the course of an additional charge for certain Delivery Where applicable, only valid UPS accounts transportation pursuant to the Delivery areas for certain UPS Air Services and inter­ will receive responses via mail. Change Request. UPS assumes no liability national services, but not by request. Refer 34.2 Delivery Confirmation Signature other than to the Shipper of the Shipment to UPS’s website for Saturday Delivery Required (domestic and international) for loss, damage, or delay of any Shipment commitment information for these services. A Shipper may request UPS to obtain subject to Delivery Change. Where Saturday Delivery is available for the recipient’s signature on Delivery. such Shipments, a Saturday routing label is UPS may restrict Delivery Change Requests The Shipper must use a UPS Automated not required. at the request of the Shipper. Delivery Shipping System to initiate a request for Change Requests for Packages contain­ UPS offers Saturday Delivery by request this service. UPS may obtain, at its sole and ing firearms are not available. Delivery to Commercial delivery addresses within unlimited discretion, a signature, other Change Requests to reroute or direct to a Saturday Ground Service Territories electronic acknowledgment of receipt UPS Access Point location are not available for UPS 3 Day Select, UPS Ground, or authorization to release without a for international Packages. It is the respon­ UPS Ground with Freight Pricing, UPS signature upon delivery pursuant to the sibility of the Receiver to ensure that a Hundredweight Service UPS 3 Day Select, UPS My Choice® service from the recipi­ Delivery Change Request complies with and UPS Hundredweight Service Ground ent when this option is selected. Delivery all federal, state and local laws and regula­ Shipments. To request Saturday Delivery Confirmation information, including tions applicable to the Shipment. for these services, a Shipper must indi­ signatures where applicable, is available cate the selection in the UPS Shipping online. 32. Correction of Addresses System. Refer to UPS’s website for available If any Shipment as addressed by the Saturday Delivery areas for these services. 34.3 Delivery Confirmation Adult Signature Shipper has an incorrect or incomplete Where Saturday Delivery is requested, an Required (domestic and international) address (examples include, but are not additional charge will be assessed for each A Shipper may request UPS to obtain limited to, P.O. Boxes, missing suite, apart­ such Shipment for Saturday Delivery and the signature of an adult 21 years of age ment, or unit numbers, old addresses, and will be billed to the payer of the Charges. or older on Delivery. UPS, in its sole and missing/incorrect ZIP Codes), UPS will unlimited discretion, will determine if Saturday Delivery is also available within make reasonable efforts, to be determined Delivery can be completed when such a Saturday Ground Service Territories in its sole and unlimited discretion, to request is made, and may request photo for UPS 3 Day Select, UPS Ground, secure the correct or complete address. identification indicating the recipient’s age, UPS Ground with Freight Pricing, UPS An address validated by UPS may be before completing Delivery. The Shipper Hundredweight Service UPS 3 Day Select, incorrect or incomplete for purposes of must use a UPS Automated Shipping UPS Hundredweight Service Ground, completing Delivery, and may be corrected System to initiate a request for this service. UPS Standard from Canada, and UPS by UPS. If the correct or complete address UPS reserves the right to assess the Shipper Standard from Mexico Shipments, but is secured, UPS, at its sole and unlimited the additional charge for this service not by request. Refer to UPS’s website or discretion, will attempt Delivery, and the when the Shipper requests UPS to obtain ups.com UPS Tariff/Terms and Conditions of Service – United States 19

UPS® Tariff/Terms and Conditions of Service – United States

an adult signature on Delivery and an not be limited to) all applicable surcharges. and transmit to the Shipper the amount so approved UPS label is not affixed to the All original Charges will continue to apply collected (subject to the terms in Section Package or pallet indicating such request, as if the package were delivered to the 38.9, “Remittance of C.O.D.s,” below), or, or, the Shipper tenders a Package or pallet original delivery address. Undeliverable if collection cannot be made, will return that, based upon its contents, requires an international Shipments returned to the the Package to the Shipper. The Shipper approved UPS label requesting an adult Shipper also are subject to an undeliv­ must notify UPS within 45 days from the signature upon Delivery and no such label erable Ship­ment surcharge set forth in date of shipment of a C.O.D. Shipment if has been affixed to the Package or pallet. the effective UPS Rates. The UPS Service the Shipper has not received payment of Delivery Confirmation information, Guarantee does not apply to undeliverable the C.O.D. amount, or any claim relating including signatures where applicable, is Shipments returned to the Shipper. thereto shall be deemed waived. Suits shall available online. be instituted within two years after denial UPS reserves the right to dispose of a of any portion of the claim. 35. Proof of Delivery (P.O.D.) Shipment, including salvage (for salvaged Shipments or goods found in the UPS If collection cannot be made within three Upon request, UPS will provide proof of system) if the Shipment is refused by the Delivery attempts, or the Consignee refuses Delivery of a Shipment via fax transmis­ Consignee or for any other reason cannot Delivery, UPS will return the Package to sion, email, or mail. The request must be delivered, and return of the Shipment is the Shipper. include a fax number, including area code, refused by the Shipper or the Shipment or for an operating fax machine, an email 38.3 Consignee’s Checks in Payment goods cannot be returned to the Shipper address for email delivery, or an address of C.O.D.s for any reason. UPS reserves the right in deliverable by the United States Postal Unless instructions to collect a cashier’s its sole discretion to determine whether Service for mail. check or money order only are shown and how long to retain such Shipments or on the C.O.D. tag (in conformity with the 36. Tracking/Tracing and Refund goods prior to disposition. instructions on the tag) or system-generated label, UPS will accept a check or other Request Charge 38. C.O.D. Service UPS reserves the right to assess a Shipper negotiable instrument issued by or on UPS accepts C.O.D. Packages for Delivery an additional charge per request for each behalf of the Consignee. When instructions in the United States and Puerto Rico. C.O.D. Tracking/Tracing and Refund Request to collect a cashier’s check or money order service is not provided for international initiated by or at the request of the Ship- only are clearly indicated on the C.O.D. tag Shipments except for international Ship- per. This charge will not be assessed for or system-generated label, UPS reserves ments originating in Canada for Delivery the first 50 tracking requests per calendar the right to accept a cashier’s check, money in the United States. C.O.D. service is not week, or for a quantity of tracking requests order, official bank check, or other similar available for UPS Worldwide Express equal to or less than 20 percent of the instrument issued by or on behalf of the Freight Services from any origin. Shipper’s volume for that week, whichever Consignee. 38.1 Preparation and Listing is greater. This charge will not be assessed All checks or other negotiable instruments of C.O.D. Packages for a quantity of tracing requests equal to (including cashier’s checks, official bank Shippers not using a UPS Automated or less than two percent of the Shipper’s checks, money orders, and other similar Shipping System must prepare and attach volume for that week. UPS also reserves instruments) tendered in payment of to each C.O.D. Package a UPS® C.O.D. tag the right to assess the Shipper a charge set C.O.D.s will be accepted by UPS based showing the amount to be collected and forth in the effective UPS Rates for Service solely upon the Shipper assuming all risk enter such amount in the space provided Guarantee refund requests when the relating thereto, including, but not limited for that purpose. subject Shipment was delivered in accor­ to, risk of non-payment, insufficient funds, dance with the applicable UPS Service Shippers using a UPS Automated Shipping and forgery, and UPS shall not be liable Guarantee in the effective Terms. System will generate, and apply to each upon any such instrument. C.O.D. Package, a system-generated address 37. Special Handling of Undeliverable All checks or other negotiable instruments label with a C.O.D. bar code and the (including cashier’s checks, official bank Shipments; Refused Shipments amount to be collected for each individual checks, money orders, and other similar Returned Package. Each C.O.D. Package in a UPS instruments) will be transmitted to the Shipments refused by the Consignee, or Hundredweight Service® or UPS Ground Shipper together with UPS’s own check which are undeliverable for any reason, with Freight Pricing C.O.D. Shipment must if Consignee check(s) collected are for will be returned to the Shipper at Shipper’s carry a C.O.D. tag or system-generated label less than the C.O.D. amount. Remittances expense, including, but not limited to, for the goods contained in that Package. forwarding costs, return transportation (checks, money orders, etc.) received that 38.2 Responsibility for C.O.D.s charges and all other applicable Charges, are less than the C.O.D. dollar amount indi­ Upon Delivery of each C.O.D. Package, duties, and taxes. Such Charges will be cated by the Shipper will be reimbursed for UPS will attempt to collect the amount calculated as a newly-initiated Shipment the full amount unless the variance of the shown on the C.O.D. tag or the system- between the original delivery address and amount remitted is less than $1.00. generated label attached to the Package the return address, and will include (but 20 ups.com 1-800-PICK-UPSups.com

UPS® Tariff/Terms and Conditions of Service – United States

38.4 C.O.D. Package of $10,000 or More 38.8 Charges for C.O.D. Collections application of the C.O.D. collections, and An additional charge will be assessed for (ii) any Charges relating to a previously UPS may require payment for any C.O.D. each C.O.D. Package tendered to UPS. applied C.O.D. collection that is reversed by Package of $10,000 or more to be received reason of the uncollectibility of the C.O.D. in a single check or other negotiable instru­ 38.9 Remittance of C.O.D.s check or other negotiable instrument or ment such as a cashier’s check, money Subject to the following provisions of this otherwise). order, official bank check, or other similar Section, UPS shall remit C.O.D. collections instrument. to the Shipper after the date of collection. Nothing in this Section shall constitute an election of remedies by UPS or any other The Shipper irrevocably authorizes UPS to 38.5 Acceptance of Personal Check person or entity or a waiver of any of the apply, in its sole and unlimited discretion In the event that UPS accepts a personal or rights of UPS or any other person or entity and without prior notice to the Shipper, company check when a Shipper has prop­ under the remaining provisions of the any C.O.D. collections to any past due erly instructed UPS to collect a cashier’s Terms or at law or in equity. check or money order only, UPS reserves Charges owed by the Shipper. To this end, the right, in its sole and unlimited discre­ if there are any past due Charges owed by 39. UPS Returns® Services the Shipper, the Shipper hereby (a) irrevo­ tion, to deposit into a UPS account the Where available, UPS offers UPS Returns® cably assigns and transfers to UPS all of the personal or company check collected and Services (including UPS Authorized Return Shipper’s right, title and interest in and to to provide the Shipper with a check issued Service®, Print Return Label, Electronic each check or other negotiable instrument by UPS. Return Label, Print and Mail Return for payment of a C.O.D. that is received by Label, 1 UPS Pickup Attempt, 3 UPS Pickup 38.6 C.O.D. Remittance Verification UPS or its employee or agent, and (b) con­ Attempts, UPS Returns® on the Web, and In the event that a Shipper timely noti­ stitutes and appoints UPS as the Shipper’s UPS Returns® Exchange). 3 UPS Pickup fies UPS that the Shipper has not received attorney-in-fact and authorizes UPS, in Attempts is not available for UPS Worldwide payment of the C.O.D. amount, if UPS’s the Shipper’s name, place, and stead, to Express Freight® Service Shipments. UPS records show that it collected a C.O.D. endorse any such check or other negotiable Authorized Return Service® requests and payment and the remittance has not been instrument with the Shipper’s name, to UPS Returns® Exchange requests are con­ cashed, UPS may, in its sole and unlimited deposit the same into any UPS account, and tractual Package services only. discretion, provide the Shipper with a to apply the proceeds of the same against digital image of the check or money order any past due Charges owed by the Shipper. An additional accessorial charge applies along with a C.O.D. Remittance Verifi- The Shipper acknowledges and agrees that to each UPS Returns® Services Package cation in order to assist the Shipper in such appointment of UPS as the Shipper’s or pallet and will be assessed when the locating the missing C.O.D. payment. If the attorney-in-fact is coupled with an interest service is requested, unless the applicable Shipper is still unable to locate the C.O.D. and is irrevocable. UPS may exercise any of Service Guide specifically provides other­- payment, UPS may, in its sole and unlim­ its rights under this Section either directly wise. The applicable charges will be those ited discretion, provide the Shipper with or through any employee or agent. set forth in the UPS Rates in effect at the time the charge is applied. After enter­ an indemnified C.O.D. check or money The Shipper relinquishes, waives, and ing the UPS system, a Package or pallet order, which is a digital image of the origi­ agrees not to assert any claim against returned will be charged the rate cal­ nal payment collected by UPS at the time UPS or any of its employees or agents, any culated from the pickup location to the of Delivery and can be deposited in a bank, Consignee, any collecting or paying bank, destination via the service selected. The provided that the original check or money or any other person or entity, that may Shipper is solely responsible for control­ order has not previously been deposited directly or indirectly arise as a result of ling the generation and dissemination of or negotiated. If the indemnified check or UPS’s exercise of any of its rights under this labels for UPS Authorized Return Service® money order turns out to be invalid for any Section “Remittance of C.O.D.s.” Without Packages and pallets, and will remain reason including, but not limited to, insuf­ diminishing any of UPS’s rights under the liable for all Charges on any Shipment ficient funds or forgery, UPS shall not be preceding sentence, the Shipper agrees tendered on Shipper’s account at any time, liable upon the instrument. that UPS and such other persons or entities including after termination of the contrac­ shall not be liable to the Shipper or any 38.7 Restrictions tual service. C.O.D.s are accepted for amounts up to other person or entity for any special, inci- $50,000 per Package. dental, or consequential damages in any Shipments containing certain items are claim made with respect to UPS’s exercise prohibited from being shipped and are not C.O.D. Packages with an amount to be col­ of any such rights. accepted by UPS for UPS Returns® Services lected in excess of $500 are not accepted for including, but not limited to, Hazardous The Shipper agrees that, following UPS’s transportation via a UPS Drop Box. Materials Shipments requiring shipping application of any C.O.D. collections to any papers, firearms, and Shipments requiring Entry of a C.O.D. amount is not a declara­ past due Charges owed by the Shipper in Delivery Confirmation Services. tion of value for carriage. Payment of the accordance with this Section, the Shipper C.O.D. charge does not constitute payment will continue to be fully liable for the C.O.D. (Collect on Delivery) service is not of the declared value charge. payment of all remaining Charges owed by available for UPS Returns® Services Pack- the Shipper (including, without limitation, ages. Third Party Billing is not available for UPS will not accept currency in any (i) any Charges that are not covered by the UPS Returns® Services in the United States. amount for payment of C.O.D. Shipments. ups.com UPS Tariff/Terms and Conditions of Service – United States 21

UPS® Tariff/Terms and Conditions of Service – United States

Third Party Billing is available for UPS Shippers who do not receive Daily Rates to UPS Simple Rate Shipments, including Returns® Services outside the United States. will be charged Retail Rates. Retail Rates but not limited to any accessorial charge also apply to Shipments processed and or surcharge. UPS Returns® Services Shipments are paid for at The UPS Store® locations or subject to maximum declared values. See No waiver, discount, or reduction of any UPS Customer Centers, except that charges Section 55.1, “Maximum Declared Values.” type to UPS Simple Rate shall apply unless for Value-Added Services and Other UPS agrees in writing to such waiver, Charges may vary from those set forth in 40. UPS Rates discount, or reduction with specific the Retail Rates. The applicable UPS Rates are determined written reference to UPS Simple Rate. on the basis of Shipment and Shipper char­ Shippers who drop off at any The UPS 40.3 Letter Rates acteristics, including Shipment weight and Store® location, UPS Access Point loca­tion Letter Rates for domestic Shipments are size and origin to destination distance, and or a UPS Customer Center Packages that available only for UPS Express® Envelopes are subject to change. Except as otherwise have already been processed prior to drop containing correspondence, urgent docu­ stated in the Terms, all charges, fees, or sur­ off will receive the rates applicable to the ments, or electronic media, with an actual charges shall be those set forth in the UPS transaction. UPS Worldwide Express weight of eight ounces or less. UPS Express® Rates in effect at the time of shipping. Freight® Service pallets that are processed as door-to-door pallets prior to drop off at Envelopes containing items other than To determine the amount of any Charges a UPS Worldwide Express Freight® Center those listed or weighing more than eight for UPS service, consult the UPS Rates in will receive door-to-door rates. ounces will be assessed the corresponding effect at the time of shipping. The effective rate for the applicable weight. For interna­ ® UPS Rates are available at www.ups.com 40.2 UPS Simple Rate tional Shipments, UPS Express® Envelopes and upon request at the local UPS office. UPS Simple Rate is available only for may be used only for single package docu­ domestic Packages shipped within the ments of no commercial value (which Shippers are responsible for providing U.S. 50 states with an actual weight of may include electronic media in some accurate and complete Shipment infor­ 50 pounds or less and a size of 1,728 countries), with an actual weight of eight mation in the UPS Shipping System used, cubic inches or less. The applicable rate is (8) ounces or less. UPS Express® Envelopes including service selected, number, weight, determined based on Package size in cubic and dimensions of Shipments. If any aspect inches and the service selected, as set forth containing other items, or weighing more of the Shipment information is incomplete in the applicable Service Guide. Packages than eight (8) ounces will be assessed or incorrect as determined by UPS in its that exceed 50 pounds in actual weight or the corresponding rate for the applicable sole and unlimited discretion, UPS may 1,728 cubic inches in size may be assessed weight (except as expressly set forth in adjust Charges at any time. the applicable rate for the service selected Section 40.4 (“Pak Rates”)). in effect at the time of shipping, without If multiple Packages are tendered for trans­ 40.4 Pak Rates UPS Simple Rate pricing or application of portation, at the same time or at different Pak Rates are available only for UPS any discounts or reduction of any type, in times, using the same shipping label and Worldwide Express Plus,® UPS Worldwide UPS’s sole and unlimited discretion. tracking number or a shipping label altered Express,® and UPS Worldwide Saver® single without UPS’s express authorization, each UPS Simple Rate pricing is available for package U.S. export shipments in UPS of which is prohibited, UPS reserves the UPS Next Day Air Saver,® UPS 2nd Day Air,® Express® Envelopes containing correspon­ right to refuse service or to apply Charges UPS 3 Day Select,® and UPS® Ground dence, urgent documents, or electronic to each such Package in its sole and unlim­ Shipments. Separate rates for Shipments media, with an actual weight of more ited discretion. originating in or destined to Alaska and than eight ounces but less than or equal Hawaii are available for certain service to two pounds; or when UPS Express® Pak UPS reserves the right in its sole and levels, as set forth in the applicable is selected at the time of shipping, the unlimited discretion to use any mode of Service Guide. UPS Returns® Service customs value of the Package is less than transportation whatsoever to provide the options for UPS Simple Rate are limited or equal to $100.00, and the weight of the service selected by the Shipper. Regardless to UPS Print Return Label Service only. Package is two pounds or less. UPS Express® of the mode of transportation used, the UPS Simple Rate is not available for Pak shipments weighing more than two effective UPS Rates for the service selected use with UPS Hundredweight Service, by the Shipper shall apply. If, however, a Hazardous Materials Shipments, and Third pounds will be assessed the corresponding Shipper selects a UPS service to a destina­ Party or collected billed Shipments. applicable UPS Rates for the Shipment. tion for which only a higher level of service UPS Simple Rate Shipments must be 40.5 UPS 10 KG Box and is available, UPS will substitute the next processed through ups.com shipping or UPS 25 KG Box Rates higher level of available service and will another UPS Automated Shipping System, UPS 10 KG Box and UPS 25 KG Box Rates charge the corresponding rate for the sub­ where available. UPS Simple Rate may apply to UPS Worldwide Express Plus®, not be available through all UPS shipping stituted service. UPS Worldwide Express®, and UPS systems. 40.1 Daily Rates and Retail Rates Worldwide Saver® single package U.S. Daily Rates apply to UPS account holders The following surcharges do not apply to export Shipments, using UPS 10 KG Box who received Daily Rates prior to July 11, UPS® Simple Rate Shipments: Residential and 25 KG Box packaging. Shipments that 2016, to Shippers who establish a six-digit Surcharge, Delivery Area Surcharge, exceed 10 KG and 25 KG, respectively, will UPS account on or after July 11, 2016, or Delivery Area Surcharge Extended, and be assessed the applicable UPS Rates for as UPS may otherwise agree in writing. fuel surcharges. All other charges apply the actual weight and service selected. 22 ups.com 1-800-PICK-UPSups.com

UPS® Tariff/Terms and Conditions of Service – United States

40.6 Private Express Statutes – Any Package with an outer shipping con­ restrictions are not accepted for trans­ The Shipper shall comply with the require­ tainer not made of corrugated cardboard, portation without prior approval by UPS. ments of the Private Express Statutes when including but not limited to canvas, Pallets that exceed these restrictions are using UPS 2nd Day Air® A.M. and UPS 2nd leather, metal, wood, hard plastic, soft subject to an Oversize Pallet Handling Day Air® services. plastic (e.g., plastic bag), or expanded Surcharge. polystyrene foam (e.g., Styrofoam); 40.7 Rates for Large Packages; 41. Peak Surcharges – Any article that is encased in a soft-sided Large Package Surcharge One or more Peak Surcharges will apply pack (e.g., poly bag or bubble mailer) that For domestic Shipments, a Package is con­ to certain Packages tendered to UPS exceeds 18 inches along its longest side sidered a “Large Package” when its length for shipment during a Peak Period. or 14 inches along its second-longest side (longest side of the package) plus girth [(2 Details regarding the application of Peak or 6 inches in height; x width) + (2 x height)] combined exceeds Surcharges and Peak Periods are set 130 inches, or its length exceeds 96 inches. – Any Package with an outer shipping forth at ups.com/peaksurcharges. Peak container covered in shrink wrap or Surcharges apply cumulatively if a Package For international Shipments, a Package stretch wrap; meets more than one of the specified is considered a “Large Package” when its – Any Package bound with metal, plastic or criteria. Peak Surcharges apply in addition length (longest side of the package) plus cloth banding, or that has wheels, casters, to any other applicable Charges. No waiver, girth [(2 x width) + (2 x height)] combined handles, or straps (including Packages discount, or reduction of any type to the exceeds 130 inches. where the outer surface area is loosely Peak Surcharges shall apply unless UPS The rate for a Large Package will be based wrapped or where the contents protrude agrees in writing to such waiver, discount, on the greater of the dimensional weight outside the container surface); or reduction with specific written refer­ or the actual weight, and is subject to a – Any cylindrical-like item, including but ence to the Peak Surcharges. minimum billable rate set forth in the UPS not limited to barrels, buckets, drums, Rates applicable to the Shipment in effect mailing tubes, or pails; 42. Fuel Surcharges UPS reserves the right to institute fuel at the time of the shipping. – Any Package routed through UPS's irreg­ surcharges on some or all Shipments ular package sortation process, including A Large Package Surcharge (LPS) will be without prior notice. The surcharges but not limited to Packages 1 inch or less applied to each Large Package, including are subject to adjustment weekly. The in height; any Package that exceeds the weight or surcharges may apply to any domestic size restrictions set forth in Section 3.1 – Any Package with its longest side exceed- or international transportation or other (“Items Not Accepted for Transportation”). ing 48 inches or its second-longest side charges including, but not limited to, Each Large Package in a multiple-package exceeding 30 inches; any accessorial charge or surcharge. The Shipment may receive an LPS. LPS will – Any Package with its length (longest side current fuel surcharges are set forth at not apply to UPS Authorized Return of the package) plus girth [(2 x width) + (2 ups.com/bridge/fuelsurcharge.html. Service® UPS® Ground Packages, or to x height)] combined exceeding 105 inches; Regardless of the mode of transportation UPS Worldwide Express Freight® Service – Any domestic Package with an actual used, the effective fuel surcharge for the Shipments. weight greater than 50 pounds; service selected by the Shipper shall apply. 40.8 Over Maximum Limits Charge – Any international Package with an actual The surcharges will be applied to such ser­ Packages that exceed the weight or size weight greater than 70 pounds; vices and for such periods as UPS, in its sole restrictions set forth in Section 3.1 (“Items and unlimited discretion, may determine – Each Package in a UPS Hundredweight Not Accepted for Transportation”) are necessary. Service® or UPS® Ground with Freight subject to one or more of the following Pricing Shipment where the average 43. Manual Processing Charges additional charges: Over Maximum weight per Package is greater than 50 UPS reserves the right to assess a manual Weight, Over Maximum Length, or Over pounds and the weight for each Package processing charge of $0.50 per Package Maximum Size. Such charges apply in is not specified in the UPS Shipping or $35 per week (whichever is greater) to addition to all other applicable Charges, System used; and including but not limited to the Large Shippers who ship Packages using a UPS – Each Package in a UPS® Standard or Package Surcharge. UPS reserves the right Shipping System that applies outdated international Shipment (excluding UPS UPS Rates until such time as the Shipper in its sole and unlimited discretion to Worldwide Express Freight® Service upgrades the UPS Shipping System to return such Packages to the Shipper at Shipments) where the average weight per reflect current UPS Rates. Shipper’s expense. Package is greater than 70 pounds and A manual processing service charge will 40.9 Additional Handling Charge the weight for each Package is not speci­ be assessed to each Package shipped using fied in the UPS Shipping System used. An Additional Handling charge will be a UPS 3 Day Select® or UPS Ground ship­ assessed for any Package that requires 40.10 Oversize Pallet Handling Surcharge ping document. special handling, as determined by UPS UPS Worldwide Express Freight® Service in its sole and unlimited discretion, pallets are subject to maximum size and 44. Third Party Billing Service including, but not limited to: weight restrictions (which vary by origin Any Shipment billed to a Third Party – Any article that is not fully encased in a and destination) as set forth at https:// (regardless of the country of origin or corrugated cardboard shipping container, www.ups.com/media/en/wwef_max_dim. destination of the Shipment) is subject to including tires; pdf. Pallets exceeding size or weight a Third Party Billing Service fee, charged to the payer, set forth in the Service Guide ups.com UPS Tariff/Terms and Conditions of Service – United States 23

UPS® Tariff/Terms and Conditions of Service – United States

at the time of shipping. The fee for Third Receiver) or Third Party. All Shipments by the Receiver or Third Party, the Shipper Party Billing Service shall be charged for must have a valid UPS billing option indi­ will be billed a refusal fee plus the Charges. each transaction, based upon all Charges, cated on the UPS Shipping System entry. excluding charges, duties and taxes Regardless of the billing option selected, 51. Shipping Charge Corrections; assessed by government authorities. The some charges including, but not limited to, Audit Fee Third Party Billing Service fee will not address correction charges, will be billed UPS reserves the right to bill for Charges apply to UPS Returns Services or UPS to the Shipper. based upon the characteristics of, and Import Control Shipments. services requested for, Shipments actu­ 47. Bill My Account ally tendered to UPS. UPS also reserves 45. Billing Options for Domestic UPS may provide in its sole and unlimited the right to audit any Package, Shipment Shipments discretion a Bill My Account service to and/or invoice to verify service selection, Unless otherwise agreed to in writing by registered Shippers to allow the Shipper to dimensions, or weight, and applicabil­ UPS, Charges will be billed to the Shipper. bill to its own account Charges incurred at ity of any Charges. As part of that audit, UPS Customer Centers and participating UPS may weigh and measure any Package UPS accepts Shipments for Collect billing Third-Party Retailer locations. A process­ or Shipment tendered to UPS using any and Third Party billing (subject to a Third ing fee for using Bill My Account may method UPS deems appropriate, including Party Billing Service fee), provided the apply and may vary by shipping location. but not limited to multidimensional Consignee or Third Party has a valid UPS When using Bill My Account, a Shipper measuring devices. UPS may in its sole account number and has agreed to accept with customized contract incentives that and unlimited discretion increase or the Charges. Regardless of the billing may otherwise apply to the account may adjust Charges based on the results of such option selected, some charges including, be limited to certain maximum incentives audit. UPS reserves the right in its sole and but not limited to, address correction (“Incentive Caps”). The applicable pro­ unlimited discretion to bill for Charges charges, will be billed to the Shipper. cessing fee and Incentive Caps are subject based on shipping characteristics provided to change without prior notice and are by the Shipper, regardless of whether UPS 46. Billing Options for International has audited the shipping characteristics. published at www.ups.com/billmyaccount. In the event that a Package’s or Shipment’s Shipments Incentive Caps and processing fees in dimensions are altered during transit, UPS The amount billed includes, but is not effect at the time of shipping will apply to reserves the right to bill for Charges based limited to, Charges, duties, fees, and taxes, Shipments billed using Bill My Account. if applicable. Unless otherwise restricted in on the altered dimensions. the origin or destination country, Shippers 48. Disbursement Fee An audit fee may be assessed for shipping tendering Packages using a UPS Shipping To expedite customs clearance, UPS may charge corrections, as set forth in the effec­ System may select the payer of Charges, make or process payments of duties and tive UPS Rates. duties, and taxes as Shipper, Receiver, taxes on behalf of the payer as dictated by 52. Payment of Charges or Third Party (subject to a Third Party the billing option selected. An additional Except where an alternative payment plan Billing Service fee). UPS accepts shipments fee, set forth in the UPS Rates applicable applies, UPS’s payment terms require for Receiver or Third Party billing provided to the Shipment in effect at the time of payment in full in advance. the Receiver or Third Party has a valid UPS shipping, will be assessed and billed to account number and has agreed to accept the payer. UPS may provide in its sole and unlimited the Charges. In the event of non-payment discretion alternative payment terms by the Receiver or Third Party, the Shipper 49. Currency Conversion Rate to certain of its Shippers. UPS, in its sole is liable for all Charges including, but not Charges to a payer’s account in a foreign and unlimited discretion, shall decide limited to, duties, fees, and taxes. currency will be converted to the payer’s which, if any, of the alternative payment plans described below (see Section 52.2, An additional Duty and Tax Forwarding currency using a weekly exchange rate “Alternative Payment Plans”) will be made Surcharge will apply if the Shipper selects secured through Major Money Center available to the Shipper. a billing option in which duties and taxes Banks, plus an exchange fee, set forth in are to be paid outside of the destination the UPS Rates applicable to the Shipment A Shipper that is not enrolled in any of country. in effect at the time of shipping. the Alternative Payment Plans described below shall pay all Charges in advance UPS reserves the right in its sole and 50. Missing/Invalid Account Number of shipment, as required by UPS. unlimited discretion to request advance or Refusal Fee payment of Charges for any Package sent A processing fee will be charged for a Notwithstanding any billing plan that to or from any international destination missing or invalid account number when is in effect or payment or billing option selected at the time of shipment, the or origin. the account number, including the Ship- Shipper is ultimately liable for and agrees per’s account number, is missing, the For all Shipments where the Shipper is to pay all Charges, including in the event account number is not the correct account not paying the Charges, the Shipper must of insolvency, bankruptcy, non-payment, number for the bill-to party, the account notify the bill payer prior to shipping, or refusal to pay by the Receiver or number is for a Receiver or Third Party and agree to pay all Charges in the event Third Party. of non-payment by the bill-to party. The who fails to pay the Charges, or the Shipper is liable for payment in the event Package is shipped to an unauthorized All Charges must be paid in the lawful of non-payment by the Consignee (or Consignee. In the event of non-payment money of the United States of America. 24 ups.com 1-800-PICK-UPSups.com

UPS® Tariff/Terms and Conditions of Service – United States

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 this Section is required, even where it is UPS may provide trade credit information Shipment to UPS, it is the Shipper’s sole believed that such compliance would on its Shippers to commercial reporting responsibility to request an adjustment in not result in relief or would otherwise agencies. the event Shipper is invoiced for any such be futile. Shipments (even where Shipper is ordi­ 52.1 Invoice Adjustment 52.2 Alternative Payment Plans narily invoiced based on a UPS package Requests for an invoice adjustment (e.g., Where UPS elects to make an alternative scan), as set forth below (see Section 52.1, adjustment of Charges based on an incor­ payment plan available to the Shipper, “Invoice Adjustment”). Shippers who fail rect rate, billable weight, account number, UPS may render an invoice to the Shipper to do so will be liable for all applicable failure to tender a Shipment, type of on a weekly (i.e., seven days) or a monthly Charges. service, shipping charge correction, etc.) (i.e., four or five calendar weeks) basis. or a refund due to a duplicate payment As an accommodation to the Shipper, and A weekly invoice will include the must be received by UPS within 180 days in UPS’s sole and unlimited discretion, Charges incurred in the previous week. of receiving the contested invoice, or any UPS may render invoices, or copies of Notwithstanding that UPS has elected billing dispute is waived. Notification to invoices, or charge certain Packages to a to render an invoice to the Shipper on a UPS of a request for an invoice adjustment Third Party at the request of the Shipper. weekly basis, an invoice may be issued must be made in writ­ing using one of the The Shipper remains responsible for the only when the Shipper has incurred following methods: 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 and unlimited discretion, UPS may offer UPS also may in its sole and unlimited P.O. Box 7247-0244, Philadelphia, PA one or more of the following alternative discretion elect to render an invoice that 19170-0001. payment plans for the payment of Charges: includes amounts owed for services pro­ The notification to UPS must include the vided by UPS affiliates. date of shipment, the tracking number for – Electronic Funds Transfer Plan (Debit EFT) If Charges are paid by payment card or each disputed charge, and the reason for By written agreement with UPS, the by an electronic payment method, the the disputed charge. A partial payment Shipper will provide UPS with the Shipper expressly authorizes UPS to assess against an invoice is not considered a Shipper’s bank account number and any Charges and to obtain payment of request for an invoice adjustment or notice bank routing number to enable UPS to the Charges by use of the payment card to UPS of a disputed charge. UPS reserves electronically request payment, for all or electronic payment method. If, for any the right to refuse to issue any invoice Charges incurred by the Shipper, directly reason, any such transaction is rejected adjustment until all outstanding Charges from the Shipper’s bank, on a weekly or or declined, the Shipper will pay to UPS owing to UPS have been paid in full. monthly basis. The Shipper’s bank will remit the amount requested to UPS and a declined transaction fee of ten dollars The filing of a lawsuit does not constitute deduct that amount from the Shipper’s ($10) per incident, in addition to any late notification by the filer or on behalf of any bank account. Payments to UPS will be payment fees assessed by UPS and any other party. collection costs which may be incurred by shown on the Shipper’s bank statements. UPS in the final collection of Charges owed Requests for invoice adjustments cannot The Shipper is responsible for payment of by the Shipper. The Shipper authorizes be made without a good faith basis for any fees imposed by the Shipper’s bank. UPS to charge the declined transaction fee submitting the request as to each specific Additionally, the Shipper will receive a to the Shipper’s payment card account or package and adjustment requested. If UPS weekly or monthly invoice, as applicable, electronic payment account or to collect determines that a requestor has submitted except as described above, from UPS listing the fee directly from the Shipper, at UPS’s batch or multiple single requests for adjust­ the services provided for the applicable sole option. ments without a substantial basis, all billing period. If, for any reason, an elec­ requests of such requestor will be denied tronic request for payment is dishonored, If, for any reason, a negotiable instrument in their entirety for such time period as the Shipper is responsible for making a submitted to UPS as payment for Charges UPS may determine in its sole and unlim­ timely payment directly to UPS. Past due is returned to UPS unpaid, or an electronic ited discretion. A right or claim, of any balances will be subject to any collection request for payment is dishonored, UPS kind, to challenge the amount invoiced costs which may be incurred by UPS in may charge the Shipper a dishonored is conditioned upon full and strict com­ the final collection of Charges owed by payment fee of twenty dollars ($20) per pliance with all requirements regarding the Shipper. No late payment fee shall be incident, in addition to any late payment notice set forth in this Section; otherwise, assessed with respect to the Electronic fees assessed by UPS and any collection failure to comply with the notice require­ Funds Transfer Plan. costs which may be incurred by UPS in ments set forth in this Section constitutes ups.com UPS Tariff/Terms and Conditions of Service – United States 25

UPS® Tariff/Terms and Conditions of Service – United States

– Monthly Prepayment Plan of between ten to twenty-six weeks, as will use UPS’s trans­porta­tion services and By written agreement with UPS, the estimated by UPS. The Charges actually the Credit Extension Plan solely for busi­ Shipper will make a prepayment with UPS incurred by the Shipper will be deducted ness, commercial or agricultural purposes in an amount equal to four weeks’ antici­ by UPS on a weekly basis from the pre­ and not for any personal, family, or house­ pated Charges as estimated by UPS. Upon payment amounts on account with UPS. hold purposes. Past due balances will be notice to the Shipper, the required prepay­ Weekly invoices marked as paid will be subject to a late payment fee as described ment amount may be changed by UPS forwarded to the Shipper reflecting the below in addition to any collection costs at any time to reflect a revised estimate balance of the prepayment amount on which may be incurred by UPS in the final of four weeks’ Charges. All prepayment account with UPS. When the prepayment collection of Charges owed by the Shipper. amount on account with UPS reaches the amounts will remain on account with UPS. – Weekly Payment Plan No interest will be paid or accrued on the minimum balance specified in the written Each week the Shipper will receive an prepayment amounts. agreement, the Shipper is required to make another prepayment for an additional invoice for the previous week’s Charges The Charges incurred for the applicable period pursuant to the same agreement, except as described above. The invoice is month will be totaled and billed to the or, if the Shipper does not do so, the due within seven (7) days of receipt. No Shipper on a monthly basis. Payment is Shipper must make another payment prepayment is required under this plan. due within seven (7) days after receipt of arrangement with UPS. All prepayment Past due balances will be subject to a late the UPS invoice. Past due balances will be amounts will remain on account with payment fee as described below in addi­ subject to a late payment fee as described UPS. No interest will be paid or accrued on tion to any collection costs which may be below in addition to any collection costs the prepayment amounts. If the Charges incurred by UPS in the final collection of which may be incurred by UPS in the final incurred by the Shipper exceed the remain­ Charges owed by the Shipper. collection of Charges owed by the Shipper. ing balance of the prepayment amounts on – Credit Card Payment Plan – Weekly Prepayment Plan account with UPS, the excess Charges will be due within seven (7) days following the The Shipper may elect to pay the previ­ By written agreement with UPS, the Shipper’s receipt of the invoice requiring ous week’s Charges by credit card. The Shipper will make a prepayment with UPS such payment. Past due balances will be Shipper will receive billing detail itemized in an amount equal to four weeks’ antici­ subject to a late payment fee as described on its card statement or a weekly invoice, pated Charges as estimated by UPS. Upon below in addition to any collection costs except as described above, from UPS listing notice to the Shipper, the required prepay­ which may be incurred by UPS in the final the previous period’s Charges incurred. ment amount may be changed by UPS collection of Charges owed by the Shipper. The Shipper will provide UPS with the at any time to reflect a revised estimate This payment plan alternative is avail­ Shipper’s credit information to enable UPS of four weeks’ Charges. All prepayment able only to existing customers already to process Charges incurred by the Shipper amounts will remain on account with UPS. approved for a Special Payment Plan. on a weekly basis. No interest will be paid or accrued on the prepayment amounts. – Credit Extension Plan Shipper acknowledges and agrees that there may be a delay of two or more days Shipper will receive invoices on a weekly By written agreement with UPS, the between the date that payments are basis, except as described above. Each Shipper may elect to pay an annual credit received by UPS and the date that the invoice will list the previous period’s extension fee and thereafter receive payments are posted and credited to the Charges incurred. Payment for all accu­ invoices for Charges incurred by the Shipper’s account with UPS. If a UPS remit­ mulated Charges will be due within seven Shipper on a monthly basis with no pre­ tance advice is attached to the Shipper’s (7) days following the Shipper’s receipt of payment requirement. The invoices will payment, the payment will be credited every fourth invoice; however, if prior to be payable within seven (7) days following accordingly. If no remit­tance advice is receiving the fourth invoice the Shipper’s receipt by the Shipper. The credit exten­ attached to the Shipper’s payment, the accumulated Charges should equal or sion fee is based upon the Shipper’s total payment will be credited to the Shipper’s exceed the prepayment amounts on annual Charges, as estimated by UPS, account. account with UPS, then the accumulated and is subject to change annually by UPS Charges will be due within seven (7) days in its sole and unlimited discretion. To 52.3 Late Payment Fee following the Shipper’s receipt of the be eligible for the Credit Extension Plan, For the Monthly Prepayment Plan, the invoice requiring such payment. Past due the Shipper must use UPS’s transporta- Weekly Prepayment Plan, the Special balances will be subject to a late payment tion services and the Credit Extension Payment Plan, the Credit Extension Plan, fee as described below, in addition to any Plan solely for business, commercial, or and the Weekly Payment Plan, a late pay- collection costs which may be incurred by agricultural purposes. A Shipper is not ment fee will be assessed if the Shipper’s UPS in the final collection of Charges owed eligible for the Credit Extension Plan if the payment is not received by UPS by the by the Shipper. Shipper uses UPS’s transportation services invoice due date. Except as otherwise and the Credit Extension Plan for any per­ stated below, the late payment fee will – Special Payment Plan sonal, family, or household purposes. By equal six percent (6%) of the total past due By written agreement with UPS, the using the Credit Extension Plan (if made balance of the Shipper’s invoice (including Shipper may prepay an amount equal available to the Shipper), the Shipper repre­ without limitation any previously assessed to the anticipated Charges for a period sents, warrants, certifies, and agrees that it but unpaid late payment fees). 26 ups.com 1-800-PICK-UPSups.com

UPS® Tariff/Terms and Conditions of Service – United States

In determining the late payment fee for 53. UPS Service Guarantee no circumstances shall UPS be liable for the Monthly Prepayment Plan and the UPS guarantees on-schedule Delivery any special, incidental, or consequential Weekly Prepayment Plan, UPS will apply of Shipments shipped via the following damages including, but not limited to, the prepayment amounts on account services, where available, to all 50 states damages arising from delayed Delivery with UPS to reduce the calculated base and Puerto Rico: or failure to attempt on-schedule Delivery. amount on which the late payment fee is – UPS Air Services UPS may cancel, suspend or modify assessed, provided that UPS will so apply – UPS Hundredweight Service® Air Services the UPS Service Guarantee (or change the prepayment amounts to the oldest – UPS 3 Day Select® the guaranteed time in transit) for any outstanding invoice first, and to each service(s), and for any period of time, as – UPS Hundredweight Service® UPS 3 Day subsequent invoice thereafter, until the determined by UPS in its sole and unlim­ Select® prepayment amounts have been fully so ited discretion, and without prior notice. applied. If an invoice past due is fully so – UPS® Ground Visit www.ups.com/holidays for changes covered by the prepayment amount, no – UPS® Ground with Freight Pricing effective during the holiday season. late payment fee will apply. If an invoice – UPS Hundredweight Service® Ground past due is partially so covered by the pre­ 53.1 Conditions payment amount, the late payment fee will UPS guarantees on-schedule Delivery of The UPS Service Guarantee is subject apply to the portion not so covered by the Shipments shipped via the following ser­ to the following conditions: prepayment amount. vices, where available, and provided that – UPS’s guaranteed Delivery schedule customs clearance is performed by UPS has been obtained by referencing UPS’s For the Special Payment Plan, a late Supply Chain Solutions® brokerage offices website or contacting a UPS Customer payment fee will not be assessed if there designated by UPS for clearing these Service office. “On-time” or “on-schedule” has been a positive balance in the Shipper’s Shipments: means, subject to the terms of this UPS prepayment account with UPS at any time – UPS Worldwide Express Plus® Service Guarantee, Delivery is attempted during the 27-day period immediately – UPS Worldwide Express NA1® before or within 60 seconds of the preceding the transmittal of the current Delivery time published in the UPS – UPS Worldwide Express® invoice to the Shipper. The late payment guaranteed Delivery schedule. UPS shall – UPS Worldwide Express Freight® Service fee for the Special Payment Plan will be be deemed to have attempted “on-time” assessed on the “charges this period” of the – UPS Worldwide Saver® or “on-schedule” Delivery for purposes Shipper’s invoice (including without limi­ – UPS Worldwide Expedited® of the UPS Service Guarantee if (i) any tation any previously assessed but unpaid – UPS 3 Day Select® from Canada of the exclusions to the UPS Service late payment fees) that is past due. – UPS® Standard Guarantee applies, or (ii) any of the A late payment fee will be assessed only conditions set forth in the UPS Service In the event UPS fails to attempt Delivery once on each invoice that is past due. Each Guarantee is not met. by the date and time (if applicable) indi­ late payment fee will be due and payable – Each Package and Shipment is properly cated at https://wwwapps.ups.com/ctc, for within seven (7) days following the recorded in a UPS Shipping System. the applicable date, time and location of Shipper’s receipt of the invoice that first tender, or as provided when 1-800-PICK- – Each Package and Shipment bears the reflects the assessment of the late payment UPS® (1-800-742-5877) is called, UPS, at appropriate UPS tracking label and an fee. The late payment fee is in addition to its option, will either credit or refund address label, or a combined label gen­ any collection costs that may be incurred the transportation charges for each erated by a UPS Automated Shipping by UPS in the final collection of Charges such Shipment to the payer only, upon System, showing the Consignee’s correct owed by the Shipper. Neither the assess­ request, provided the conditions set forth name, deliverable address (UPS does not ment nor the payment of a late payment in the UPS Service Guarantee are met. provide Delivery to a P.O. Box), and ZIP fee will (a) affect the Shipper’s responsibil­ Transportation charges do not include Code (or postal code for international ity to pay all Charges owed, or (b) in any other fees or charges that may be assessed Shipments). manner preclude UPS from exercising by UPS including, but not limited to, fuel – Each Package or pallet in a Shipment any of its rights or remedies hereunder or surcharges. This is the sole remedy avail­ bears a UPS Saturday Delivery routing under applicable law. able under the UPS Service Guarantee. label (where required) when optional 52.4 Lien on Shipments UPS may, but is not required, to present the Saturday service is requested and UPS shall have a general and continuing actual time of Delivery in tracking detail available. lien on any and all Shipments for which or proof of Delivery, and reserves the right – Each Shipment is tendered to UPS during services are being provided by UPS that to amend any delivery confirmation or the UPS’s published business hours. Shipments come into UPS’s actual or constructive actual time of Delivery within forty-eight received from or destined to certain loca­ possession or control for monies owed (48) hours of the date of Delivery. tions may require earlier pickup times to UPS with regard to the Shipment on UPS shall not be liable for any damages (available at the UPS website). which the lien is claimed and/or any and whatsoever for delayed Delivery, except as – UPS is notified by UPS’s Interactive Voice all prior Shipment(s). specifically provided for Shipments made Response system or through UPS’s online under the UPS Service Guarantee. Under Billing Center at ups.com/billing of a ups.com UPS Tariff/Terms and Conditions of Service – United States 27

UPS® Tariff/Terms and Conditions of Service – United States

service failure within fifteen (15) calen­ Surcharge, Additional Handling Fee, or – UPS Air Services and UPS 3 Day Select dar days of the date of scheduled Delivery that exceed max­imum size or weight Shipments of Hazardous Materials or or the date by which UPS has amended limits, or UPS Worldwide Express Freight® Dangerous Goods Shipments, and all or corrected the actual time of Delivery Service Shipments tendered without international Hazardous Materials or in tracking detail or proof of Delivery, prior approval containing any pallet Dangerous Goods Shipments except whichever is later, and is advised of the exceeding maximum size or weight UPS Standard Shipments. Consignee’s name and address, date of restrictions (as set forth at https://www. shipment, Shipment weight, and UPS ups.com/assets/resources/media/wwef_ 54. Claims and Legal Actions: tracking number. max_dim.pdf). Individual Binding Arbitration of Claims – For UPS Worldwide Expedited® – Shipments made using a Call Tag. Time Limits and Pleading Requirements for Claims/No Right to Set Off Shipments, the guarantee shall apply – Shipments subject to a UPS Delivery Claims against UPS must be made within only to Shipments with a U.S. origin or Intercept® request, Delivery Change strict time limits, including as set forth in destination and when the billed party Request, or a UPS My Choice® request. is resident in the United States and is Section 52.1 (“Invoice Adjustment”) regard­ – Shipments that are delayed due to causes responsible for all Charges. ing invoice adjustments or billing disputes; beyond UPS’s control including, but not Section 54.3 (“Time Limit for Notice – For UPS Worldwide Express Freight® limited to: the unavailability or refusal and Filing of Claims for Loss or Damage Service Shipments, the guarantee shall of a person to accept Delivery of the to Property”) regarding claims for loss apply to a Shipment where any pallet Shipment, acts of God, natural disasters, or damage to property; and pursuant to exceeds maximum size or weight restric­- war risks, acts of terrorism, acts of public Section 53 “UPS Service Guarantee.” tions (as set forth at https://www.ups. authorities acting with actual or appar­ com/assets/resources/media/wwef_max_ ent authority, acts or omissions of All claims against UPS arising out of or dim.pdf) only if the Shipper obtained customs or similar author­ities, authority related to the provision of services by UPS, confirmation of eligibility for the UPS of law, insufficient information provided including, but not limited to, demands for Service Guarantee, prior to tender of the by a customer, Hazardous Materials damages, refunds, credits, and any legal or Shipment to UPS Packages improperly offered for trans­ equitable relief whatsoever, shall be extin­ for service. port, the application of security regula­- guished unless the Claimant (1) timely and completely complies with all applicable UPS reserves the right to refuse any request tions imposed by the government, or notice and claims periods set forth in the for a credit or refund when such request is otherwise applicable to the Shipment, Terms and in the Service Guide, including either (a) made by, or (b) based on informa­ riots, strikes or other labor disputes, civil as to claims for loss or damage to property tion obtained by, a party other than the unrest, disruptions in national or local under Section 54.3, claims under Section payer of the Charges. air or ground transportation networks (including, but not limited to, UPS’s trans­ 53 (“UPS Service Guarantee”), claims for 53.2 Exclusions portation net­work), disruption or failure invoice adjustments under Section 52.1, or The UPS Service Guarantee does not of communication and information claims for breach of contract or any other apply to: systems, and adverse weather conditions. cause of action; and (2) pleads on the face of any complaint filed in court against UPS – UPS 2nd Day Air® A.M. Packages for – International Shipments for which the or states in its submission of its claim in Residential deliveries. Shipper has selected the Receiver or Third arbitration against UPS, as the case may – Shipments tendered pursuant to Drop Party as the payer of any applicable be, satisfaction and compliance with those Shipments, special operating plans, or duties and taxes and Delivery is delayed notice and claims periods as a contractual customized handling or processing until payment arrange­ments are made. condition pre­cedent to recovery. Claimants arrangements, or tendered either under – UPS Import Control® Shipments for may not deduct the amounts of pending an account number on which Service which the Shipper has selected commer- claims from any Charges owed to UPS, Guarantee claims are addressed by a cial invoice removal. and the Shipper waives any and all rights, special agreement or where such claims including any statutory or common law have been addressed by special agree­ – UPS Ground Shipments or UPS® rights, to set off the amount of any claim ment with the payer of the Charges. Standard Shipments that are picked up or scheduled to be delivered during against Charges owed to UPS. – Shipments processed using a UPS the applicable dates set forth in the Agreement to Arbitrate Claims Automated Shipping System that is not Year-End Holiday Schedule available Claimant and UPS agree that, except for located at the pickup address assigned to at www.ups.com/holidays. the UPS account number on which the disputes that qualify for state courts of Shipment was made. – Shipments without Timely Upload of limited jurisdiction (such as small claims, PLD, Shipments not accompanied by a justice of the peace, magistrate court, and – UPS Ground Returns Service Packages. UPS Smart Label tag, or when the delivery similar courts with monetary limits of less – Packages subject to a Large Package address on any address label or combined than $30,000 on their jurisdictions over Surcharge or Additional Handling Fee, label affixed to the Package does not civil disputes), any controversy or claim, Packages that exceed maximum size or match the delivery address on the UPS whether at law or equity, arising out of or weight limits, Shipments contain­ing Smart Label tag, bar code, or PLD for related to the provision of services by UPS, any Package subject to a Large Package the Package. regardless of the date of accrual of such 28 ups.com 1-800-PICK-UPSups.com

UPS® Tariff/Terms and Conditions of Service – United States

dispute, shall be resolved in its entirety by a private attorney general are not permit- Rules, and concerning an award between individual (not class-wide nor collective) ted. Claimant and UPS are each waiving fifteen thousand dollars ($15,000.00) binding arbitration. Claimant and UPS the right to trial by jury. Claimant and UPS and fifty thousand dollars ($50,000.00), expressly agree that the foregoing obliga- are further giving up the ability to par- inclusive, UPS shall pay Claimant’s filing tion to arbitrate disputes regardless of the ticipate in a class, mass, consolidated or fee under the AAA Rules, provided that date of accrual of such disputes includes, combined action or arbitration. Claimant agrees that both parties shall but is not limited to, preexisting disputes submit their arguments and evidence to Place of Arbitration/Number of and disputes that arise from or relate to the arbitrator in writing and that the arbi­ Arbitrators/Costs of Arbitration/ Packages shipped at the time of a previous trator shall make an award based only on version of these Terms. Claimant and UPS Governing Law/Survival the documents, without a hearing being further agree that the foregoing obliga- Any arbitration will take place in the held. Notwithstanding this provision, the tion to arbitrate disputes applies to claims county where Claimant resides and will parties may agree to proceed with desk brought by UPS against Claimant, regard- be determined by a single arbitrator. arbitration at any time. less of whether Claimant has also brought Any filing fee or administrative fee Access to Small Claims Courts a claim against UPS. required of Claimant by the AAA Rules All parties shall retain the right to seek Arbitration is the submission of a dispute shall be paid by Claimant to the extent adjudication in a state court of limited to a neutral arbitrator, instead of a judge such fee does not exceed the amount of jurisdiction, such as small claims, justice or jury, for a final and binding decision, the fee required to commence a similar of the peace, magistrate court, and similar known as an “award.” Arbitration provides action in a court that otherwise would courts with monetary limits of less than for more limited discovery than in court, have jurisdiction. For all non frivolous $30,000 on their jurisdiction over civil dis­ and is subject to limited review by courts. complaints, UPS will pay the amount of putes, for individual disputes within the Each party has an opportunity to present such fee in excess of that amount. The arbi­ scope of such court’s jurisdiction. trator will allocate the administrative costs evidence to the arbitrator in writing or Acknowledgements and arbitral fees consistent with the appli­ through witnesses. An arbitrator can only Claimant and UPS acknowledge and agree cable rules of the American Arbitration award the same damages and relief that a that pursuant to these Terms: court can award under the law and must Association. Reasonable attorney’s fees and honor the terms and conditions in the Terms. expenses will be allocated or awarded only – CLAIMANT AND UPS AGREE THAT to the extent such allocation or award is WE ARE WAIVING THE RIGHT TO Claimant and UPS agree that their sole available under applicable law. HAVE A TRIAL BY JURY TO RESOLVE relationship is a contractual one governed ANY DISPUTE ALLEGED AGAINST All issues are for the arbitrator to decide, by the Service Guide and Terms. Any con­ CLAIMANT, UPS OR RELATED THIRD except that issues relating to the scope, troversy or claim arising out of or related PARTIES; to the provision of services by UPS shall be application, and enforceability of the arbi­ – CLAIMANT AND UPS AGREE THAT WE resolved solely based on the agreements tration provision are for a court to decide. ARE WAIVING THE RIGHT TO HAVE A set forth in the Service Guide and Terms. The Federal Arbitration Act governs the interpretation and enforcement of this COURT, OTHER THAN A STATE COURT Institutional Arbitration provision. This agreement to arbitrate OF LIMITED JURISDICTION AS DEFINED The arbitration shall be conducted by shall survive termination of the Terms. ABOVE, RESOLVE ANY DISPUTE the American Arbitration Association ALLEGED AGAINST CLAIMANT, UPS (AAA) in accordance with its Commercial Severability OR RELATED THIRD PARTIES; Notwithstanding anything to the con­ Arbitration Rules or, provided that you – CLAIMANT AND UPS AGREE THAT WE are an individual consumer and are using trary in the AAA Rules, if any part of this arbitration provision is deemed invalid or ARE WAIVING THE RIGHT TO HAVE UPS’s services for personal (not business) A COURT REVIEW ANY DECISION OR ineffective for any reason, this shall not use, the Consumer Arbitration Rules (the AWARD OF AN ARBITRATOR, WHETHER affect the validity or enforceability of the "AAA Rules"), and judgment on the award INTERIM OR FINAL, EXCEPT FOR remainder of this arbitration provision, may be entered in any court of competent APPEALS BASED ON THOSE GROUNDS and the arbitrator shall have the authority jurisdiction. The AAA Rules, including FOR VACATUR EXPRESSLY SET FORTH to amend any provisions deemed invalid instructions for how to initiate arbitration, IN SECTION 10 OF THE FEDERAL or ineffective to make the same valid and are available at https://www.adr.org. The ARBITRATION ACT. arbitrator shall decide all issues of the enforceable. – CLAIMANT AND UPS AGREE THAT WE case on the basis of the applicable law, Desk Arbitration ARE WAIVING THE RIGHT TO SERVE not equity. If you initiate arbitration, For all disputes concerning an amount less AS A REPRESENTATIVE, AS A PRIVATE you must serve UPS’s registered agent for than fifteen thousand dollars ($15,000.00), ATTORNEY GENERAL, OR IN ANY service of process, Corporation Service the parties shall submit their arguments OTHER REPRESENTATIVE CAPACITY, Company, which has locations in every and evidence to the arbitrator in writing JOIN AS A CLASS MEMBER, AND/OR state. Information also can be found on and the arbitrator shall make an award TO PARTICIPATE AS A MEMBER OF A the website of your local Secretary of State. based only on the documents; no hearing CLASS OF CLAIMANTS IN ANY CLASS, Any arbitration under this Agreement will be held unless the arbitrator in his or MASS, CONSOLIDATED OR COMBINED will take place on an individual basis; her discretion, and upon request of a ACTION OR ARBITRATION FILED class, mass, consolidated or combined party, decides it is a necessity to require AGAINST CLAIMANT, UPS AND/OR actions or arbitrations or proceeding as an in-person hearing. For a dispute gov­ RELATED THIRD PARTIES. erned by the AAA Consumer Arbitration ups.com UPS Tariff/Terms and Conditions of Service – United States 29

UPS® Tariff/Terms and Conditions of Service – United States

Award must be mailed to UPS Mexico/AICM, written acknowledgment of receipt and, The arbitrator may award money or equi­ Almacen Fiscalizado #21, Col. Federal if in its possession, the Source Document table relief in favor of only the individual Deleg. Venustiano Carranza, Mexico DF CP and delivery receipts, if any, covering party seeking relief and only to the extent 15520). the Shipment involved. At the time such necessary to provide relief warranted by claim is received, UPS will cause the date All claims for loss of or damage to property that party’s individual claim. Similarly, an of receipt to be recorded on the face of the transported or accepted for transportation arbitration award and any judgment con­ claim document, and the date of receipt must: (1) be in writing (or an electronic firming it apply only to that specific case; it will also appear on the acknowledgment communication) and must include refer­ cannot be used in any other case except to of receipt sent to the claimant. ence to the Source Document or pickup enforce the award itself. To reduce the time record number and date of shipment or 54.3 Time Limit for Notice and Filing of and expense of the arbitration, the arbitra­ copies of other documents sufficient to Claims for Loss or Damage to Property tor will not provide a statement of reasons identify the Shipment involved, and the As a condition precedent to recovery, all for his or her award unless a brief explana­ declared value; (2) assert the liability of claims for loss or damage to property tion of the reasons is requested by one of UPS for alleged loss or damage; (3) make must be noticed and filed in writing or the parties. Unless both Claimant and UPS claim for payment of a specified or deter­ electronically with UPS within the fol­ agree otherwise, the arbitrator may not minable amount of money; and (4) be lowing time limits: consolidate more than one person’s claims, accompanied by a copy of the original and may not otherwise preside over any – For domestic Shipments (including ship­ invoice or, if no invoice was issued, other form of a representative, private attorney ments to and from Puerto Rico), UPS proof, certified to in writing, as to the pur­ general or class proceeding. must receive notice of claims within sixty chase price paid by the Consignee (where days after Delivery of the Package or, in Confidentiality of Arbitration the property involved has been sold to the case of failure to make Delivery, within Notwithstanding anything to the contrary Consignee), actual cost or replacement cost sixty days after the date of scheduled in the AAA Rules, UPS and Claimant agree of the property, or extent of the damage to Delivery. Claims must be filed within that the filing of arbitration, the arbitration the property. nine months after Delivery of the Package proceeding, any documents exchanged or No claims will be voluntarily paid unless or, in case of failure to make Delivery, produced during the arbitration proceeding, UPS receives notice of the claims and they within nine months after the date of any briefs or other documents prepared are filed in writing or transmitted elec­ scheduled Delivery. for the arbitration, and the arbitral award tronically by or on behalf of the Shipper in – For international Shipments, claims must shall all be kept fully confidential and accordance with these provisions. be filed within sixty days after Delivery shall not be disclosed to any other party, of the Package or pallet or, in the case of except to the extent necessary to enforce A right or claim, of any kind, for loss or non-Delivery, within sixty days after the this arbitration provision, arbitral award damage to property is conditioned upon date of scheduled Delivery. or other rights of the parties, or as required full and strict compliance with this Section by law or court order. This confidentiality 54.1 and Sections 54.3 through 54.6. Full – Suits shall be instituted within two years provision does not foreclose the American and strict compliance with this Section after denial of any portion of the claim. Arbitration Association from reporting is required, even where it is believed that Where UPS does not receive notice of certain consumer arbitration case informa­ such compliance would not result in relief claims, claims are not filed, or suits are tion as required by state law. or would otherwise be futile. not instituted thereon in accordance with the foregoing pro­visions, such 54.2 Acknowledgment of Claims for Loss 54.1 Making Claims for Loss or Damage claims shall be deemed waived and will or Damage to Property to Property not be paid. All notices of claims for loss of or damage After receiving a proper written or elec­ to property transported or accepted for tronic transmission of a claim in the 54.4 Investigation of Claims for Loss transportation must include the date of manner and form and with the support­ or Damage to Property shipment, the tracking number, and the ing documents described in Section 54.1 – Prompt Investigation. Each claim for loss nature of the loss or damage. A request for (“Making Claims for Loss or Damage to or damage to a Package or Shipment filed proof of Delivery or damage inspection Property”) and Section 54.4 (“Investigation in the manner prescribed herein will be or the filing of a lawsuit do not constitute of Claims for Loss or Damage to Property”) promptly and thoroughly investigated, notification of a claim. Notice of a claim for herein, UPS or its designee will acknowl­ if investigation has not already been loss or damage to property must be made edge the receipt of such claim in writing made prior to receipt of the claim. using one of the following methods: or electronically to the claimant within – Supporting Documents. Each claim 30 days after the date of receipt, unless –Submit online at www.ups.com/us/en/ must be supported by the following: such claim has already been paid or denied help-center/claims-support.page; (1) evidence of payment of the shipping in writing or electronically. UPS will at the and any declared value charges; and (2) –Call 1-800-PICK-UPS® (1-800-742-5877); or time each claim is received create a sepa­ either the original invoice or a photocopy, rate file and assign thereto a successive –Mail notice to UPS Claims Processing exact copy, or extract of, the original claim file number and note that number Center, P.O. Box 1265, Newport News, invoice, a certification of prices or costs, on all documents filed in support of the VA 23601-1265 (for claims involving ship­ with trade or other discounts, allowance, claim and all records and correspondence ments to or from Puerto Rico, notice or deductions of any nature whatsoever with respect to the claim, including the and the terms thereof, or depreciation 30 ups.com 1-800-PICK-UPSups.com

UPS® Tariff/Terms and Conditions of Service – United States

reflected thereon. Where the property 54.5 Salvage which is a reasonable value under the involved in a claim has not been invoiced When UPS pays the actual cost, the pur­ circumstances surrounding the transpor­ to the Consignee shown on the bill chase price, or the replacement cost of the tation, and that UPS shall not be liable for of lading or receipt, where an invoice property, all rights, title to, and interest in more than $100 for each domestic Package does not show price or cost, where the the property shall thereupon pass to UPS, or international Shipment or pallet. and UPS reserves the right to obtain the property involved has not been sold, or To increase UPS’s limit of liability for loss property for salvage. Payment of a claim where the property has been transferred or damage above $100, the Shipper must in such circumstances shall be contingent at bookkeeping values only, UPS will, declare a value in excess of $100 for each on UPS’s receipt of the damaged property before paying a claim, require the claim­ Package or pallet in the declared value field in the same condition as on the date the ant to establish the value in the quantity of the UPS Source Document or the UPS damage was incurred. shipped, transported, or involved. UPS Automated Shipping System used and pay reserves the right to request the original 54.6 Disposition of Claims for Loss an additional charge. The Shipper cannot shipping record or Source Document. or Damage to Property declare a value in excess of the maximum UPS or its designee, after receiving a allowable limits set forth below. UPS shall For an asserted claim of $1,000 or more written claim for property transported, not be liable under any circumstances for for a Package processed through a UPS will pay, decline, or make a firm com­ an amount in excess of the declared value Shipping System and tendered to a UPS promise settlement offer in writing to of a domestic Package or international driver or UPS Customer Center, a copy of the claimant within 120 days after UPS Shipment, or pallet. When a Shipper declares the signed high-value shipment summary receives the claim; provided, however, a value in excess of $100, it does not receive applicable to the Shipment obtained by the that if the claim cannot be processed and any form of insurance. Shippers desiring Shipper and signed by the UPS driver or disposed of within 120 days after receipt, cargo insurance, all risk insurance, or UPS Customer Center representative at the UPS or its designee will at that time and at another form of insurance should purchase time of tender may be required to support the expiration of each succeeding 60-day such insurance from a third party. Cargo the claim. UPS reserves the right to refuse period while the claim remains pending, insurance may be available through UPS’s to pay any claim if, having requested such advise the claimant in writing of the status licensed affiliates UPS Capital Insurance a signed high-value shipment summary, of the claim and the reason for the delay in Agency, Inc. and Parcel Pro, Inc. no such summary is provided. making final disposition thereof and shall The rules relating to liability established retain a copy of such notice to the claimant For an asserted claim of $1,000 or more by the Convention for the Unification of in its claim file. for an international UPS Returns® or a Certain Rules Relating to International UPS Import Control® Package or pallet, the No claim for loss or damage shall be paid Carriage by Air signed at Warsaw, signed UPS high-value shipment summary unless a valid claim has been filed in Poland, on October 12, 1929, that con­ applicable to the Shipment must be sub­ accordance with terms set forth herein vention as amended, or the Convention mitted in support of the claim. (in Section 54.1, “Making Claims for Loss or for the Unification of Certain Rules for Damage to Property,” Section 54.3, “Time International Carriage by Air (Montreal, By filing a claim and supporting docu­ Limit for Notice and Filing of Claims for 28 May 1999), shall apply to the interna­ ments to UPS, the claimant certifies that Loss or Damage to Property,” and Section tional carriage of any Shipment insofar as the claim, amount of claim, and supporting 54.4, “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 – Original Packaging Materials. In the right to refuse to pay any claim for loss or at the time of tender of the Shipment, and event that a claim is made for damage damage to property until all outstanding UPS reserves the right to route the Ship­ Charges owing to UPS have been paid in ment in any way UPS deems appropriate. to a Shipment, the original packaging full. UPS reserves the right to refuse to pay materials must be made available to UPS 55.1 Maximum Declared Values any claim for loss of property if, having or its designee for inspection prior to The maximum declared value is $50,000 requested a detailed description of the reshipment. per Package and $100,000 per pallet, except property, no such description is provided. for the following for which the maximum – Verification of Loss. When an asserted declared value may not exceed: claim for loss of an entire Package or 55. Responsibility for Loss or Damage pallet or an entire Shipment cannot be UPS’s liability for loss or damage to each – Subject to the limitations set forth below, certain Packages are eligible for the otherwise authenticated upon investiga­ UPS domestic Package or international enhanced maximum declared value of tion, UPS will obtain from the Consignee Shipment, or to each pallet in a UPS $70,000 per Package (“Enhanced Maximum of the Shipment involved a certified Worldwide Express Freight® Service Declared Value”). A Package is eligible statement in writing that the property Shipment, is limited to a value of $100, for Enhanced Maximum Declared Value for which the claim is filed has not been except as set forth below. Unless a greater only where the Package is a domestic received from UPS or from any other value is recorded in the declared value Package; is tendered pursuant to the source. UPS reserves the right to require field of the UPS Source Document or the UPS Automated Shipping System used, Shipper’s Scheduled Pickup Service; verification by the filing of a police report the Shipper agrees that the released value the service level selected is a UPS Next and providing a copy of the filed report of each domestic Package or international Day Air delivery service; the Package is to UPS in support of the claim. Shipment, or pallet is no greater than $100, ups.com UPS Tariff/Terms and Conditions of Service – United States 31

UPS® Tariff/Terms and Conditions of Service – United States

proc­essed for shipment using a UPS Return Label, UPS Print and Mail Return 55.2 Liability Limits Shipping System (declarations of value Label, Electronic Return Label, 1 UPS UPS’s maximum liability for loss or on paper Source Documents are not Pickup Attempt, or 3 UPS Pickup Attempts damage to each UPS domestic Package or eligible for Enhanced Maximum Declared (including via UPS Returns® on the Web), international Shipment, or to each pallet in Value); and the Package does not contain unless a UPS high-value shipment sum­ a UPS Worldwide Express Freight® Service any hazardous material or a Perishable mary is obtained by the Shipper or per­son Shipment, shall not exceed the lesser of: Commodity. Except as set forth in this tendering the Package or pallet and – $100, when no value in excess of $100 is Section, the portion of any declaration signed by the driver or UPS Customer declared on the Source Document or UPS of value above $50,000 per Package is null Center representative upon tender of Automated Shipping System used (or and void; the Shipment; when a value in excess of $100 is declared, but the applicable declared value charges – $1,000 per Package for Packages shipped – $1,000 per Package or pallet for interna­ are not paid); by a Third-Party Retailer if no high-value tional UPS Import Control® Shipments control log was provided to UPS on unless a UPS high-value shipment sum­ – the declared value on the Source Docu- tender of the Package; mary is obtained by the Shipper or person ment or UPS Automated Shipping System used when a value in excess of $100 is – $1,000 per Package for a Package pro­ tendering the Package or pallet and signed by the driver or UPS Customer declared and the applicable declared cessed for shipment prior to tender using value charges paid; a UPS Shipping System and tendered to Center representative upon tender of – the purchase price paid by the Consignee a UPS driver or UPS Customer Center, the Shipment; (where the shipped property has been unless a UPS high-value shipment sum­ – $999 per Package for Packages shipped sold to the Consignee); mary is obtained by the Shipper or person via Shipper Release service; tendering the Package and signed by the – the actual cost of the damaged or lost Shippers cannot declare a value for UPS® driver or UPS Customer Center represen­ property; Prepaid Letters. tative upon tender of the Package; – the replacement cost of the property at – up to $5,000 per Package for a Package Declaring a value in the declared value the time and place of loss or damage; or shipped or delivered to a UPS Access field of the UPS Source Document or UPS – the cost of repairing the damaged Point® location. Automated Shipping System used does not property. increase UPS’s limitations of liability for, – $500 per Package for a Package shipped and Shippers may not declare a value for, UPS’s liability for Shipments containing via a UPS Drop Box; damages related to providing or failure the following commodities shall be limited as follows: – up to $1,000 per Package for a Package to provide C.O.D. service, including, but shipped via a Third-Party Retailer or UPS not limited to: failure to collect the C.O.D. – Checks. UPS’s liability for a Shipment Access Point® location (including a UPS amount; failure to collect the specified containing a check or checks is limited to Access Point® locker) if such Package was form of payment; collection of an instru­ the cost of stopping payment on and reis­ processed for shipment using a UPS ment in the wrong amount; failure or delay suing the check(s), not to exceed $100 per Shipping System prior to drop off at the in delivering the collected instrument Package or pallet. In no event shall UPS Third-Party Retailer or UPS Access Point® to the Shipper; or collection of forged, be liable for the face value of the check(s). location or billed using Bill My Account; insufficient funds, or otherwise invalid – Phone Cards, Tickets, Gift Cards, and – $1,000 per Package or pallet for inter­- instruments. Similar. UPS’s liability for a Shipment containing a phone card, ticket (such as national Shipments containing jewelry Any declared value contrary to what is event or airline ticket), gift certificate, gift (not including costume jewelry), or allowed in the applicable Terms or Service card, coupon, or other similar printed $2,500 per Package or pallet for Shipments Guide (e.g., the portion of any declaration matter with an exchange value is limited tendered to eligible destinations set forth in excess of allowed maximums) is null to the cost (which shall not include any at ups.com/jewelry; and void. Acceptance for carriage or receipt amount of the value attached to the card, – $1,000 per Package or pallet for of payment for any Package or Shipment certificate, or coupon, or similar printed Shipments containing unset precious bearing a declared value contrary to what matter) of replacing the physical card(s), stones or industrial diamonds, or $2,500 is allowed does not constitute a waiver certificate(s), or printed matter, not to per Package or pallet for international of any provisions of the Terms or Service exceed $100 per Package or per pallet. Shipments tendered to eligible destina­ Guide limiting UPS’s liability or responsi­ In no event shall UPS be liable for the tion set forth at ups.com/jewelry; bility for any such Package or Shipment. face value of any phone card, ticket, gift certificate, gift card, coupon, or similar – $1,000 per Package for domestic Packages If a Shipper declares value in excess of the printed matter. returned via UPS Print Return Label, UPS applicable maximum allowed or in any Print and Mail Return Label, Electronic respect contrary to what is allowed in – Media. UPS’s liability for a Shipment Return Label, or 1 UPS Pickup Attempt the applicable Terms or Service Guide, it containing documents, film, photographs Return Services, (including via UPS is the Shipper’s sole responsibility timely (including negatives), slides, transparen­ Returns® on the Web service); to request an adjustment as set forth in cies, videotapes, compact discs, laser Section 52.1 (“Invoice Adjustment”) to discs, computer tapes, and media of – $1,000 per Package or pallet for inter- recover any Charges. Shippers who fail to similar nature is limited to the replace­ national Shipments returned via the fol­ do so will be liable for all invoiced Charges. ment cost of the media on which the lowing UPS Returns® Services: UPS Print content is recorded. 32 ups.com 1-800-PICK-UPSups.com

UPS® Tariff/Terms and Conditions of Service – United States

– Pairs, Parts. In the event of loss of or application of security regulations UPS shall not be liable for any interrup­ damage to a pair or set of articles, UPS’s imposed by the government or otherwise tion of service due to causes beyond UPS’s liability is limited to the value of that applicable to the Shipment, riots, strikes control including, but not limited to: the part of the pair or set which is lost or or other labor disputes, civil unrest, dis­ unavailability or refusal of a person to damaged, and UPS shall not be liable ruptions in national or local air or accept Delivery of the Shipment, acts of for the value of the whole pair or set. ground trans­- God, natural disasters, war risks, acts In the event of loss of or damage to any por­tation networks (including, but not of terrorism, acts of public authorities part of property (including any part of a limited to, UPS’s transportation net- acting with actual or apparent authority, machine) which, when complete for sale work), disruption or failure of commu- acts or omissions of customs or similar or use, consists of several parts, UPS shall nication and information systems, or authorities, authority of law, insufficient be liable only for the value of the part lost adverse weather conditions; information provided by a customer, or damaged, not to exceed the declared – loss or damage to any Package or Ship­ Hazardous Materials Packages improperly value of the part lost or damaged. In no ment for which UPS has no scan or other offered for transport, the application of event shall UPS be liable for the value of record reflecting that the Package or security regulations imposed by the gov­ the complete item. Shipment was tendered to UPS by the ernment or otherwise applicable to the Shipment, riots, a government agency hold, In the event of partial loss or damage to a Shipper; or strikes or other labor disputes, civil unrest, pallet in UPS Worldwide Express Freight® – loss or damage to any Shipment contain­ disruptions of any kind in national or local Service, UPS shall be liable only for the value ing articles that Shippers are prohibited air or ground transportation networks of the contents of the pallet lost or damaged, from shipping, that UPS does not or is not (including, but not limited to, UPS’s trans­ and not the value of the full pallet. authorized to accept for transportation, portation network), disruption or failure of that UPS states that it will not accept, 55.3 Exclusions from Liability communication and information systems, or that UPS has a right to refuse. UPS shall not be liable or responsible for: and adverse weather conditions. UPS shall not be liable for any damages of – loss or damage to articles of unusual UNDER NO CIRCUMSTANCES SHALL any kind, under any theory, arising from value (as defined in these Terms); UPS BE LIABLE FOR ANY SPECIAL, or relating to, directly or indirectly, in – loss or damage to Prepaid Letters; INCIDENTAL, OR CONSEQUENTIAL whole or in part, the loss of or unauthor­ DAMAGES INCLUDING, BUT NOT – loss or damage resulting from insects, ized access, acquisition, use, modification, LIMITED TO, DAMAGES ARISING FROM moths, vermin, inherent vice, deteri­ora­ disclosure, or destruction of, or damage LOSS, MISDELIVERY OF, OR DAMAGE tion, dampness of atmosphere, extreme to, personal, health, financial, or any TO PROPERTY, DELAYED DELIVERY, OR of temperature, ordinary wear and tear, other type of data or information, includ­ FAILURE TO ATTEMPT DELIVERY IN or that which occurred or arose prior ing, without limitation, Social Security ACCORDANCE WITH THE UPS SERVICE to or after the course of transportation number, date of birth, driver’s license GUARANTEE, WHETHER OR NOT UPS by UPS; number, credit card number, and financial HAD KNOWLEDGE SUCH DAMAGES account information. Notwithstanding – loss or damage resulting from improper, MIGHT BE INCURRED. UNDER NO CIR- any other provisions to the contrary and inadequate or unsafe packaging or wrap­ CUMSTANCES SHALL UPS BE LIABLE to the fullest extent permitted by appli­ ping that fails to meet UPS’s published FOR ANY DAMAGES WHATSOEVER FOR cable law, UPS will in no event be liable to standards related thereto set forth in the DELAYED DELIVERY, EXCEPT AS SPECIFI- ups.com Shipper, Consignee, or any other person, Terms or at ; CALLY PROVIDED FOR SHIPMENTS MADE for any loss, damage, or costs of any kind – loss or damage to Perishable Commodities UNDER THE UPS SERVICE GUARANTEE. to the extent the loss or damage results arising out of or related to any data loss, Acceptance for carriage of any Shipment from exposure to heat or cold or the per­ data exposure, misuse of data, unauthor­ containing articles that Shippers are pro­ ishable nature of the item; ized access to data or electronic system(s), or cybersecurity or data privacy incident, hibited from shipping, that UPS does not – loss or damage to human remains, fetal regardless of whether or not any such loss, or is not authorized to accept for transpor­ remains, human body parts, human damage, or costs are caused by, or other­ tation, that UPS states it will not accept, embryos, or components thereof; wise attributable to, UPS. or that UPS has a right to refuse, does not – loss or damage to fluorescent tubes or constitute a waiver of any provisions of UPS shall not be liable for any loss or bulbs; the Terms or Service Guide limiting UPS’s damage arising from providing service liability or responsibility for any such – loss of, damage to, or irretrievability of to, or on behalf of, a person or entity Package or Shipment. data stored on any type of media, or of that obtains such services, including the information including without limitation delivery of property, by trick, false pre­ 56. Data Handling personal, health or financial information; tense, or other fraudulent scheme. The Shipper agrees that UPS and other – loss or damage due to acts of God, natural UPS shall not be liable for any damages companies in the UPS group of compa­ disasters, war risks, acts of terrorism, arising from UPS’s inability, failure, or nies worldwide (i) may use data provided nuclear damage, acts of public authorities refusal to comply with a request to stop, by the Shipper for purposes that include acting with actual or apparent authority, return, or re-route shipment of a Package providing UPS’s services, products, and acts or omissions of customs or similar after tender to UPS. support; handling the Shipper’s payments, authorities, authority of law, the ups.com UPS Tariff/Terms and Conditions of Service – United States 33

UPS® Tariff/Terms and Conditions of Service – United States

claims, requests, and UPS accounts; com­ of UPS’s affiliates or subsidiaries, except as municating with the Shipper or Consignee modified by any existing or future written to provide tracking updates and informa­ agreement between the parties, and may tion on special events, surveys, contests, not be contradicted, modified or supple­ offers, promotions, products, and services; mented by any oral agreement or by any providing advertising that may be tailored implied-by-law covenant. to the Shipper’s or Consignee’s interests; For any language in the parties’ agreement operating, evaluating, protecting, and that gives UPS any discretion, judgment or improving UPS’s business; facilitating other right, UPS’s exercise of such discre­ the Shipper’s use of UPS blogs and social tion, judgment or other right is not limited media; performing data analyses; moni­ in any way whatsoever – even if the specific toring and reporting compliance issues, language does not so specify. UPS has the including identifying and protecting sole and unilateral authority to choose against illegal activity, claims, or other how to exercise its discretion, judgment liabilities; exercising, establishing, and or any other right and may do so for any defending legal claims; and complying reason it chooses, without limitation. UPS with UPS policies and legal obligations, is not bound by any previous exercise of and (ii) may transfer data provided by its discretion, judgment or any other right. the Shipper to countries other than the Nor does any previous exercise constitute a country where the Shipment is tendered determination or admission by UPS about for service. The Shipper also agrees that how such discretion, judgment or right UPS may share data provided by the should be or should have been exercised. Shipper with third parties, including service providers, affiliates, resellers, joint The parties disavow and waive any obli­ marketing partners, franchisees, Shipper’s gations of good faith and/or fair dealing, contacts upon the Shipper’s request, gov­ whether implied by law or otherwise, in ernment agencies, and other third parties connection with their agreements regard­ such as shippers, consignees, or third- ing services to which these Terms apply, party payers and recipients. UPS may also including but not limited to UPS’s exercise disclose data provided by the Shipper of any discretion, judgment or other right, in order to comply with a legal obliga­ afforded by the Service Guide, the Terms or tion, to cooperate voluntarily with law the UPS Source Document. UPS (and any enforcement or other public or govern­ of UPS’s affiliates and subsidiaries) have no ment authorities, to prevent harm or loss special, confidential, or fiduciary relation­ in connection with suspected or actual ship with any Shipper or Claimant. illegal activity, and in the event UPS sells Any failure to enforce or apply any terms or transfers all or a portion of its business or provisions of the Service Guide or the or assets. UPS is not responsible for the Terms shall not constitute a waiver of that privacy practices of any non-UPS places, term or provision by UPS, and shall not sites, platforms, or services. diminish or impair UPS’s right to enforce such term or provision in the future. If one 57. Incorporation of Documents; or more provisions of the Terms shall be Waiver; Future Changes held to be invalid, illegal, or unenforceable, All Shipments are subject to the terms and the validity, legality, and enforceability of conditions contained in the Terms. The the remaining provisions shall not be so effective Service Guide, and any modifica­ affected or impaired. tions or amendments of them, are hereby incorporated by reference in these Terms. UPS may engage subcontractors to In the event of a conflict or inconsistency perform some or all of the transportation between the Terms and the effective and incidental services. Service Guide, the Terms shall control. UPS UPS contracts on its own behalf and on reserves the right to unilaterally modify or behalf of its servants, agents, and sub­ amend any portion of the Service Guide or contractors, each of whom shall have the the Terms at any time without prior notice. benefit of these Terms. No such party has The Terms, the Service Guide and the authority to waive or vary these Terms. UPS Source Document for each Shipment together comprise the complete and exclu­ sive agreement of the parties, including any