Release of Liability Waiver Auto Salvage Entry - PDF

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					UPS® TARIFF/TERMS AND CONDITIONS OF SERVICE
FOR PACKAGE SHIPMENTS IN THE UNITED STATES
Effective July 11, 2011


CONTENTS

1.   Introduction ............................. 1        4.    Provisions for Export and
                                                               Customs Clearance of
2.   Terms Used ............................ 1                 International Packages.......... 10
3.   Commodities Handled and                                   4.1    Electronic Export
     Restrictions on Service ........... 3                            Information ........................ 11
     3.1    Items Not Accepted for                             4.2    Certificate of Origin ........... 11
            Transportation .....................3
                                                               4.3    UPS Paperless®
     3.2    Maximum Values .................4                         Invoice Service.................. 12
     3.3    Prohibited by Law ................4                4.4    Pre-Release
                                                                      Notification for Import
     3.4    Alcoholic Beverages ............4
                                                                      Shipments ......................... 12
     3.5    Biological Materials .............5
                                                               4.5    Record-Keeping ................ 12
     3.6    Firearms and
                                                         5.    UPS Import ControlSM............ 12
            Ammunition .........................5
                                                         6.    Right of Inspection ................ 13
     3.7    Food Transport;
            Assumption of Legal                          7.    Refusal of Service ................. 13
            Responsibility ......................6
                                                         8.    Packaging ............................. 13
     3.8    Hazardous Materials
            Service ................................6    9.    Use of UPS-Provided
                                                               Materials and Services .......... 14
     3.9    Dry Ice .................................8
                                                         10. Use of UPS Electronic
     3.10 Limited Quantity/ORM-                              Information Systems.............. 14
          D Packages .........................8
                                                         11. ZIP Code™/Postal Code
     3.11 Hazardous Waste,                                   Information ............................ 14
          Mercury, and Mercury-
          Containing Waste ................8             12. P.O. Boxes ............................ 14
     3.12 Live Animals ........................9         13. UPS Customer Center........... 14
     3.13 Perishable                                     14. Third-Party Retailer ............... 14
          Commodities .......................9
                                                         15. Pickup Services–
     3.14 Pharmaceuticals ..................9                Scheduled ............................. 15
     3.15 Portable Electronic                            16. UPS On-Call Pickup®
          Devices................................9           Service .................................. 15
     3.16 Tobacco Products ...............9



                                                                                                            i
17. Saturday Pickup;                                      33.2 Responsibility for
    Processing Fee ..................... 15                    C.O.D.s ............................. 20
18. Drop Shipment ...................... 16               33.3 Consignee’s Checks in
                                                               Payment of C.O.D.s .......... 20
19. Delivery................................. 16
                                                          33.4 C.O.D. Package of
20. Residential Delivery .............. 16                     $10,000 or More................ 20
21. Deliveries Attempted                                  33.5 Acceptance of Personal
    Three Times Without Extra                                  Check................................ 20
    Charge .................................. 16
                                                          33.6 C.O.D. Remittance
22. Hold for Pickup Service......... 16                        Verification ........................ 20
23. Shipper Release ................... 17                33.7 Restrictions ....................... 21
24. UPS carbon neutral............... 17                  33.8 Charges for C.O.D.
                                                               Collections ........................ 21
25. UPS Delivery Intercept® ........ 17
                                                          33.9 Remittance of C.O.D.s ...... 21
26. Delivery Change Requests ... 17
                                                    34. UPS Returns® Services......... 21
27. Correction of Addresses ....... 17
                                                          34.1 UPS Returns® ................... 22
28. Saturday Delivery.................. 18
                                                          34.2 UPS Returns® Plus ........... 22
29. Delivery Confirmation
    Services ................................ 18          34.3 UPS Returns® on the
                                                               Web................................... 23
      29.1 Delivery Confirmation
           (domestic only) ..................18           34.4 UPS Returns® Flexible
                                                               Access .............................. 23
      29.2 Delivery Confirmation
           Signature Required                             34.5 UPS Returns® Exchange....... 23
           (domestic and
           international)......................18   35. UPS Rates ............................ 23
      29.3 Delivery Confirmation                          35.1 Daily Rates, Standard
           Adult Signature                                     List Rates, and Retail
           Required (domestic and                              Rates................................. 24
           international)......................18
                                                          35.2 Letter Rates ...................... 24
30. Proof of Delivery (P.O.D.) ..... 19
                                                          35.3 Pak Rates ......................... 24
31. Package Tracking/Tracing
    and Refund Request                                    35.4 Private Express
    Charge .................................. 19               Statutes............................. 24

32. Special Handling of                                   35.5 Rates for Large
    Undeliverable Packages;                                    Packages; Large
    Refused Packages                                           Package Surcharge .......... 25
    Returned ............................... 19     36. Additional Handling
33. C.O.D. Service ...................... 19            Charge .................................. 25

      33.1 Preparation and Listing                  37. Fuel Surcharge...................... 25
           of C.O.D. Packages...........19



                                                                                                      ii
38. Manual Processing                                        47.2 Acknowledgement of
    Charges ................................ 25                   Claims for Loss or
                                                                  Damage to Property.......... 33
39. Billing Options for
    Domestic Shipments ............. 25                      47.3 Time Limit for Filing
                                                                  Claims for Loss or
40. Billing Options for                                           Damage to Property.......... 33
    International Shipments ........ 26
                                                             47.4 Investigation of Claims
41. Disbursement Fee................. 26                          for Loss or Damage to
                                                                  Property ............................ 33
42. Currency Conversion Rate.... 26
                                                             47.5 Salvage ............................. 34
43. Missing/Invalid Account
    Number or Refusal Fee......... 26                        47.6 Disposition of Claims
                                                                  for Loss or Damage to
44. Shipping Charge
                                                                  Property ............................ 34
    Corrections; Audit ................. 26
                                                       48. Responsibility for Loss or
45. Payment of Charges ............. 26                    Damage................................. 34
      45.1 Invoice Adjustment ............27
                                                             48.1 Maximum Declared
      45.2 Alternative Payment                                    Values ............................... 35
           Plans .................................27
                                                             48.2 Liability Limits.................... 36
      45.3 Late Payment Fee .............29
                                                             48.3 Exclusions from
46. UPS Service Guarantee........ 30                              Liability .............................. 36

      46.1 Conditions .........................31      49. Shipper Indemnification......... 37

      46.2 Exclusions .........................31      50. Incorporation of Terms;
                                                           Waiver; Future Changes ....... 38
47. Claims and Legal Actions ..... 32
      47.1 Filing of Claims for
           Loss or Damage to
           Property .............................32




                                                                                                          iii
UPS® TARIFF/TERMS AND CONDITIONS OF SERVICE FOR PACKAGE
SHIPMENTS IN THE UNITED STATES
Effective July 11, 2011


1.     Introduction                               –UPS 2nd Day Air A.M.®
                                                  –UPS 2nd Day Air®
The following contains the general terms
and conditions of contract under which            “UPS Hundredweight Air Services”
United Parcel Service® (“UPS”) is engaged         includes:
in the transportation of packages itself and      –UPS Hundredweight Service® UPS Next
jointly through interchange with its affiliates   Day Air®
via the services described below.
                                                  –UPS Hundredweight Service® UPS Next
The UPS Tariff/Terms and Conditions of            Day Air Saver®
Service (“Terms”) are effective on the date
set forth above and are subject to change         –UPS Hundredweight Service® UPS 2nd
without prior notice. The Terms are               Day Air A.M.®
published periodically in printed form in the     –UPS Hundredweight Service® UPS 2nd
UPS Rate and Service Guide (“Service              Day Air®.
Guide”) and electronically on the UPS
website (ups.com®). The most current and          The Terms apply to the following
controlling version of the Terms is               international services:
published at www.ups.com/terms and is             –UPS Worldwide Express Plus®
available at all local UPS offices. In
tendering a shipment for service, the             –UPS Worldwide Express NA1®
shipper agrees that the version of the            –UPS Worldwide Express®
Terms and the effective Service Guide in
effect at the time of shipping will apply to      –UPS Worldwide Saver®
the shipment and its transportation.              –UPS Worldwide Expedited®
The Terms apply to the following services:        –UPS 3 Day Select® from Canada
–UPS Air Services                                 –UPS Standard services
–UPS Hundredweight Service® Air                   2.     Terms Used
Services
–UPS 3 Day Select®                                –Alaska and Hawaii Rates refer to the
                                                  effective UPS Rates for packages and
–UPS Hundredweight Service® UPS 3 Day             shipments originating in Alaska and Hawaii
Select®                                           published in the effective Service Guide for
–UPS Ground                                       Alaska and Hawaii, or Retail Rates
                                                  established by UPS for the service selected
–UPS Ground with Freight Pricing                  by the shipper that apply to the shipper and
–UPS Hundredweight Service® Ground                the package, and are in effect at the time of
                                                  shipping, plus any additional charges or
–UPS Returns® Services                            rates for nonstandard service, additional or
“UPS Air Services” includes:                      nonstandard usage, and any other
                                                  additional charges referenced within the
–UPS Next Day Air® Early A.M.®                    Terms or the Service Guide, or those
                                                  applicable additional rates set out in any
–UPS Next Day Air®                                customized contracts.
–UPS Next Day Air Saver®


                                                                                          1
–“Business day” means Monday through             –“Letter Rates” refers to the UPS Rates
Friday except the following holidays: New        applicable to shipments using UPS
Year’s Day, Memorial Day, Independence           Express® Envelope or UPS Letter
Day, Labor Day, Thanksgiving Day, Day            packaging containing correspondence,
after Thanksgiving Day, Christmas Day            urgent documents, or electronic media,
(December 25), and New Year’s Eve.               with an actual weight of eight (8) ounces or
                                                 less. (“UPS Express® Envelope” and “UPS
–“Charges”        means       all   applicable   Letter” may be referred to interchangeably.)
transportation and other charges including,
but not limited to, all applicable accessorial   –“Package” means any container and its
charges,      brokerage       service    fees,   contents, and includes Express Envelopes,
surcharges, additional handling charges          as well as any article that may be handled
and late payment fees.                           without packaging if the handling thereof
                                                 can be accomplished in a reasonably safe
–“C.O.D.” means for all purposes Collect         and practicable manner. Except in UPS
on Delivery.                                     Hundredweight Service, UPS Ground with
                                                 Freight Pricing, and for international
–“Daily Rates”, “Standard List Rates”,           shipments, each package shall be
and “Retail Rates” refer to the effective        considered a separate and distinct
UPS Rates for packages and shipments             shipment.
originating in the 48 contiguous United
States established by UPS for the service        –“Perishable Commodity” refers to a
selected by the shipper that apply to the        perishable commodity or a commodity
shipper and the package, and are in effect       requiring protection from heat or cold,
at the time of shipping, plus any additional     including, but not limited to, live animals,
charges or rates for nonstandard service,        foods, dry ice, flowers, biological materials.
or additional or nonstandard usage, and
any other additional charges referenced          –“Receiver” or “Consignee” refers to the
within the Terms or the Service Guide, or        party to whom the package is being sent.
those applicable additional rates set out in
any customized contracts.                        –“Residential” refers to a location that is a
                                                 home, including a business operating out of
–“Delivery” shall be deemed to include,          a home.
but not be limited to: delivery to the
consignee or the consignee’s actual or           –“Shipper” refers to the party contracting
apparent agent or representative, delivery       with UPS for services.
to the address or location specified in the      –“Shipment” means one or more
UPS Shipping System, delivery to any             packages shipped internationally under a
person present at the address or location        single UPS Waybill to one receiver. All
specified in the UPS Shipping System,            packages shipped internationally covered
delivery to a reasonable alternate address       under a single UPS Waybill shall be
or location, delivery in accordance with         considered a single shipment.
trade custom or usage, delivery pursuant to
UPS’s driver release procedures, delivery        –“Third-Party Retailers” means locations
pursuant to UPS’s Shipper Release                of The UPS Store®, UPS Authorized
procedures, or delivery otherwise permitted      Shipping Outlet locations, and UPS
under the Terms.                                 Alliance Locations (located within Office
                                                 Depot® and Staples® retail locations).
–“Drop Shipment” means any shipment
tendered pursuant to a written agreement         –“Timely upload of Package Level Detail
or prior arrangement between UPS and a           (PLD)” refers to the electronic transmission
specific shipper that permits the shipper to     of all applicable PLD information to UPS at
tender quantities of individual packages         the time that packages are tendered to
directly to UPS at a UPS pre-approved            UPS. PLD includes, but is not limited to,
designated location.


                                                                                             2
consignee’s full name, complete delivery      articles listed in the applicable Service
address, and package weight.                  Guide or the Terms.
–“UPS Automated Shipping System”              UPS does not accept for transportation,
and “Source Document.” Source                 and shippers are prohibited from shipping:
Document means a document provided by
UPS for the purpose of shipping a package     –Articles of unusual value, which shall be
via UPS.       UPS Automated Shipping         deemed to include, but are not limited to:
System means UPS WorldShip®, UPS
CampusShip®, UPS Internet Shipping, UPS              •   Any package with an actual
Developer Kit, iShip, or an approved UPS                 value of more than $50,000;
Ready® solution that meets UPS                       •   Coins, cash, currency, bonds,
requirements at the time of shipment. The                postage stamps, money orders,
term “UPS Automated Shipping System”                     and negotiable instruments
and “Source Document,” individually or                   (such as drafts, bills of
collectively, are sometimes referred to by               exchange, or promissory notes,
the term “UPS Shipping System.”                          but excluding checks);
–“UPS Customer Center” means a UPS                   •   Unset precious stones, and
facility where shippers may tender                       industrial diamonds;
packages to UPS for transportation, and a
consignee or other recipient may receive a           •   Any article that contains more
package Delivery.                                        than 50 percent by weight of
                                                         gold or platinum, or any
–“UPS Rates” refers collectively to Daily                combination thereof in raw form
Rates, Standard List Rates, Retail Rates,                including, but not limited to,
Alaska and Hawaii Rates, Letter Rates,                   bullion, bars, or scraps of these
and Pak Rates.                                           metals.
–“UPS       Returns  Services”    refers      –Hazardous waste, defined as a solid
collectively to UPS Returns®, UPS             waste that meets any of the criteria of the
Returns® on the Web, UPS Returns® Plus        hazardous waste as described in 40 C.F.R.
services, UPS Returns® Flexible Access,       § 261.3;
and UPS Returns® Exchange.
                                              –Human remains, fetal remains, human
–“UPS Smart Label™” as defined here           body parts, or components thereof;
and described in the UPS Guide to
Labeling includes but is not limited to       –Common fireworks;
MAXICODE, postal code bar code, current
UPS Routing Code, appropriate UPS             –Packages with an actual weight of more
service level icon, and UPS 1Z tracking       than 150 pounds, or packages that when
number bar code.                              measured to determine the billable weight
                                              exceed 108 inches in length, or exceed a
3.    Commodities Handled and                 total of 165 inches in length and girth [(2 x
     Restrictions on Service                  width) + (2 x height)] combined, or in the
                                              case of import shipments, exceed 130
UPS holds itself out to transport general     inches in length and girth [(2 x width) + (2 x
commodities, as usually defined, subject to   height)] combined. If found in the UPS
the following restrictions.                   system, they are subject to one or more of
                                              the following additional charges: Over
     3.1    Items Not Accepted for            Maximum Weight, Over Maximum Length,
Transportation                                or Over Maximum Size.
No service shall be rendered in the           –Packages presented for shipment at a
transportation of any of the prohibited       Third-Party Retailer containing any


                                                                                          3
hazardous materials requiring shipping          and signed by the driver upon tender of the
papers, firearms, or ammunition;                shipment;
–Packages tendered via UPS Returns®             –International UPS Import Control
Services containing hazardous materials         shipments with a value of more than $1000
(except for Limited Quantity/Other              per package unless a UPS high-value
Regulated Materials Shipments (“ORM-D”)         shipment summary is obtained by the
Ground packages, as set forth below), or        shipper or person tendering the package
firearms, or requiring Delivery Confirmation    and signed by the driver upon tender of the
Adult Signature Required service; and           shipment;
–Any other items prohibited by the Service      –Packages with a value of $1000 or more
Guide, or ups.com®.                             shipped via a Third-Party Retailer if such
                                                packages were previously manifested
Shippers are prohibited from shipping and       using a Source Document or UPS
UPS will not accept for transportation          Automated Shipping System prior to drop
packages containing articles that UPS is        off at the Third-Party Retailer;
not authorized to accept or that UPS states
in the Terms that it will not accept, when      –Packages with a value of more than $500
such packages are presented for shipment        shipped via a UPS Drop Box;
at UPS Customer Centers, or any Third-
Party Retailer.                                 –Prepaid Letters with a value of more than
                                                $100;
UPS reserves the right, but is not required,
to return to the shipper any package            –Packages with a value of more than $999
containing a prohibited article. Such return    when Shipper Release is selected;
will be made solely at the shipper’s risk and   –Packages with a C.O.D. amount in excess
expense.                                        of $500 shipped via a UPS Drop Box;
       3.2    Maximum Values                    –Packages       shipped      internationally
UPS does not accept for service packages        containing jewelry (not including costume
with values as set forth below:                 jewelry) having a value of more than $500.

–Any package with an actual value of more              3.3    Prohibited by Law
than $50,000;                                   No service shall be rendered by UPS in the
–Packages with a value of more than             transportation of any shipment that is
$5,000 shipped as a result of a request for     prohibited by applicable law or regulation of
service made through the internet;              any federal, state, provincial, or local
                                                government in the origin or destination
–Domestic packages with a value of more         country. It is the responsibility of the
than $1000 returned via Print Return Label,     shipper to ensure that a shipment tendered
Print and Mail Return Label, Electronic         to UPS, and any UPS Shipping System
Return Label, or 1 UPS Pickup Attempt           entry that the shipper prepares for that
Return Services;                                shipment, does not violate any federal,
                                                state, provincial, or local laws or
–International shipments with a value of        regulations applicable to the shipment.
more than $1000 per package returned via
UPS Print Return Label, UPS Print and                  3.4    Alcoholic Beverages
Mail Return Label, Electronic Return Label,
1 UPS Pickup Attempt, or 3 UPS Pickup           Packages containing alcoholic beverages
Attempt Return Services (including via UPS      (wine, beer, or spirits) are accepted for
Returns on the Web) unless a UPS high-          transportation only as a contractual service
value shipment summary is obtained by the       and only from shippers who are licensed
shipper or person tendering the package         and authorized under applicable laws to


                                                                                           4
ship alcoholic beverages. To receive           biological materials shall be considered a
service for packages containing alcoholic      Perishable Commodity.
beverages, the shipper must enter into an
approved UPS agreement for the                        3.6     Firearms and Ammunition
transportation of wine, beer, or spirits, as
applicable. For all packages containing        UPS accepts packages containing firearms
alcoholic beverages, the shipper must use      (as defined by Title 18, Chapter 44, and
Delivery Confirmation Adult Signature          Title 26, Chapter 53 of the United States
Required service requesting an adult           Code), only (a) between licensed
signature for each package containing          importers, licensed manufacturers, licensed
alcoholic beverages, and must affix a          dealers, and licensed collectors (as defined
special UPS alcoholic beverages label to       in Title 18, Chapter 44 of the United States
each package. For all U.S. inbound import      Code), and government agencies,; and (b)
shipments containing alcoholic beverages,      where not otherwise prohibited by federal,
the receiver must be licensed and              state, or local law from (i) an individual to a
authorized to receive the alcoholic            licensed importer, licensed manufacturer,
beverages.       UPS does not accept           licensed dealer or licensed collector; and
packages containing beer or spirits for        (ii) from a licensed importer, licensed
delivery to a consumer.           It is the    manufacturer, licensed dealer, or licensed
responsibility of the shipper to ensure that   collector to an individual. The shipper shall
a package tendered to UPS does not             comply with and shall ensure that each
violate any federal, state, or local laws or   shipment containing firearms complies with
regulations applicable to the package.         all federal, state, and local laws applicable
                                               to the shipper, recipient, and package.
UPS reserves the right to dispose of any
alcoholic beverages tendered for shipment      –The shipper must use Delivery
which shippers are prohibited from             Confirmation Adult Signature Required
shipping, which UPS is not authorized to       service for each package containing a
accept, which UPS states that it will not      firearm (including handguns). UPS, in its
accept, or which UPS has a right to refuse.    sole discretion, may require the shipper to
UPS reserves the right to discontinue          select a UPS Next Day Air® Service for any
service to any shipper for, among other        package containing a firearm. Handguns
reasons, tendering a package containing        (as defined by 18 U.S.C. § 921) will be
alcoholic beverages that does not comply       accepted for transportation only via UPS
with all applicable laws or the Terms.         Next Day Air Services.

       3.5    Biological Materials             –Firearms (including handguns) are not
                                               accepted for transportation via UPS Drop
UPS accepts packages containing                Boxes or UPS Internet Shipping, in
“Biological Substance, Category B” as          response to a request for UPS On-Call
defined in 49 C.F.R. § 174.134, which are      Pickup® service, or when presented for
prepared in accordance with all aspects of     shipment at any Third-Party Retailer. UPS
49 C.F.R. § 173.199.                           Returns® Services are not available for
                                               packages containing firearms.
Transportation of other biological materials
is limited, must be prearranged, and will      –Small arms ammunition, as defined in
only be provided under the following           49 C.F.R. § 173.59, will be transported only
conditions: the shipper has received prior     when packaged and labeled in compliance
written authorization from UPS for the         with   49 C.F.R.     § 172      (Hazardous
specific package tendered; and the shipper     Materials).    Ammunition may not be
requests service in accordance with the        shipped in the same package as a firearm.
conditions set forth in the written            –Firearm parts, which do not constitute
authorization from UPS for the package         firearms as defined under federal law
tendered.      Any package containing          (including without limitation Title 18,


                                                                                            5
Chapter 44, and Title 26, Chapter 53 of the      the foregoing obligations with respect to
United States Code), and which otherwise         establishing and maintaining records
comply with federal, state, and local law,       cannot be terminated. Shipper expressly
will be accepted for transportation.             agrees      to    immediately    assume
                                                 responsibility to establish and maintain
–Firearms (including handguns) and               records as provided in this paragraph,
firearm parts are not accepted for shipment      regardless of any FDA-designated
internationally.                                 compliance date for any provision of 21
                                                 C.F.R. Part 1 Subpart J.
For     more      information,    access
www.ups.com/content/us/en/resources/ship               3.8     Hazardous Materials
/packaging/guidelines/firearms.html   or
contact UPS.                                     Service
                                                 Hazardous Materials, defined as those
     3.7   Food Transport;                       materials regulated under Title 49 of the
Assumption of Legal Responsibility               Code of Federal Regulations (49 C.F.R.)
                                                 (excluding        Limited    Quantity/Other
Shipments containing “food,” as defined in       Regulated Materials (ORM-D) Ground
section 201(f) of the Federal Food, Drug,        shipments, as referenced below), and
and Cosmetic Act, will be accepted for           Dangerous Goods, defined as those
transportation only according to the             materials regulated by the International
following terms and conditions. Shipper          Civil Aviation Organization (ICAO) and
assumes all responsibility with respect to       published in the International Air Transport
establishing and maintaining all records         Association (IATA) Dangerous Goods
required under 21 C.F.R. Part 1 Subpart J        Regulations (collectively referred to as
§§ 1.326-1.363. In so doing, shipper             “Hazardous Materials,” or “Dangerous
assumes the legal responsibility under 21        Goods,” or “International Dangerous
C.F.R. § 1.363 for establishing and              Goods”), are accepted for transportation
maintaining records that would otherwise         only as a contractual service and in
be required to be maintained by UPS.             accordance with the UPS Guide for
Shipper agrees its records will comply with      Shipping Ground and Air Hazardous
21 C.F.R. § 1.352 and shall identify the         Materials, or the UPS Guide for Shipping
immediate recipient of the transported food;     International Dangerous Goods.           To
the origin and destination points of             receive Hazardous Materials or Dangerous
shipment; the date the shipment is received      Goods service, the shipper must sign and
and the date released; the number of             agree to the provisions set forth in an
packages shipped; a description of the           approved UPS agreement relating
freight describing the type of food received     specifically to the transportation of
and released; and the route of movement.         Hazardous Materials, Dangerous Goods, or
Shipper agrees expressly to make all             International         Dangerous       Goods
records required by 21 C.F.R. § 1.352            (“Hazardous        Materials   Agreement”).
available to FDA as required by 21 C.F.R.        Contact UPS for specific information,
§ 1.361. Shipper commits, and recognizes         including a list of “Common Items That May
that it has the responsibility, to ensure that   Be Classified as Hazardous Materials.”
all such records are maintained consistent
with the record retention requirements           An additional charge will be assessed for
provided in 21 C.F.R. § 1.360 and the            each Hazardous Materials package. UPS
record availability requirements provided in     may also assess an additional surcharge
21 C.F.R. § 1.363. Shipper agrees that           for packages containing certain types of
within 45 days of the date of shipment,          Hazardous      Material.       Applicable
Shipper will obtain or request from UPS          surcharges are described at ups.com.
any information needed from UPS to satisfy
Shipper’s responsibility to establish and        It is the shipper’s responsibility to
maintain records. Shipper recognizes that        determine if a package contains a


                                                                                           6
Hazardous Material and to properly              UPS reserves the right, in its sole
classify, label, mark, and package it in        discretion and without prior notice to the
accordance with applicable governmental         shipper, to dispose of any international
regulations. When required, the shipper is      shipment containing Dangerous Goods
responsible for ensuring that all of its        refused by the receiver or which for any
employees involved in the preparation of        other reason cannot be delivered.
Hazardous Materials for transport are
properly trained, tested, and certified in      The shipper agrees to indemnify, defend,
accordance with 49 C.F.R. Part 172.700          and hold harmless UPS, its parent
through 172.704, or with IATA (Section 1.5)     corporation, and affiliated companies, their
and for ensuring that a program exists for      officers, directors, employees, agents, and
the retraining, testing, and certification as   their successors and assigns, from all
required by these rules.                        claims, demands, expenses (including
                                                reasonable attorney’s and consultants’
All packaging used by the shipper for the       fees), liabilities, causes of action,
transportation of Hazardous Materials,          enforcement procedures, and suits of any
when required by regulation, must pass UN       kind or nature brought by a governmental
performance testing in accordance with 49       agency or any other person or entity arising
C.F.R. Part 178.602 through 178.609 or          from or relating to the transportation of a
IATA (Section 6.0).                             Hazardous Materials package, from the
                                                shipper’s breach of the Hazardous
The shipper must use a software system,         Materials Agreement or the Terms, or from
such as the most current version of UPS         the shipper’s non-compliance with
WorldShip®, that is acceptable to UPS for       governmental       laws     or   regulations
the preparation of documents for shipping       applicable to the transportation of
Hazardous Materials, or an alternative          Hazardous Materials whether such action
method determined by UPS in its                 is brought by a governmental agency or
reasonable discretion to perform the same       other person or entity.          Under no
functions. UPS will provide shippers, upon      circumstances shall UPS be liable for
request, a list of vendors who provide          special, incidental, or consequential
acceptable software systems.                    damages arising from the transportation of
                                                a Hazardous Materials shipment.
UPS reserves the right to refuse to accept,
to return, or to dispose of, in compliance      Pursuant to 49 C.F.R. Part 173.30, in the
with applicable laws and regulations, any       event the shipper loads any UPS vehicle,
Hazardous Material that it determines not       the shipper agrees to segregate Hazardous
to have been prepared in accordance with        Materials in accordance with 49 C.F.R. Part
the UPS Guide for Shipping Ground and           177.848 and properly secure Hazardous
Air Hazardous Materials, the UPS Guide          Materials in accordance with 49 C.F.R. Part
for Shipping International Dangerous            177.834.
Goods, and all applicable governmental
laws and regulations. The shipper agrees        UPS does not accept Hazardous Materials
to reimburse UPS for any costs or               in any amounts that require placarding
expenses incurred as a result of any            under 49 C.F.R. Part 172, Subpart F. The
improperly packed or prepared Hazardous         shipper agrees not to tender Hazardous
Materials which shipper tenders to UPS. In      Materials to UPS in any amount for a single
addition, the shipper agrees to reimburse       vehicle that would require placarding in
UPS for any costs or expenses incurred by       accordance with 49 C.F.R. Part 172,
UPS if Hazardous Materials tendered by          Subpart F.
the shipper are refused by the shipper
upon return or cannot otherwise be              UPS reserves the right to discontinue or
delivered for any reason including, but not     terminate service immediately with respect
limited to, wrong delivery address or refusal   to the transportation of Hazardous
of receiver to accept delivery.                 Materials if the shipper fails to comply with
                                                any provisions of the Terms, or any


                                                                                           7
applicable      government     regulations       UPS Ground and UPS Air Services
(including     Limited   Quantity/ORM-D          (provided such packages are prepared in
shipments that are tendered without the          accordance        with     all    applicable
proper shipping documentation). If a             governmental regulations) without a
shipper tenders an undeclared Hazardous          Hazardous         Materials     Agreement.
Materials package to UPS, UPS shall not          Packages containing Hazardous Materials
be liable for the package in the event of        that use dry ice (carbon dioxide, solid) as a
loss, damage, delay, or misdelivery, nor         refrigerant are accepted for transportation
shall UPS be liable for any special,             within the United States via UPS Ground
incidental, or consequential damages.            and Air Services only as a contractual
                                                 service. Any package containing dry ice
If the shipper ships Hazardous Materials         will be considered a Perishable
from more than one location, and the             Commodity. Packages containing dry ice
shipper fails to comply with any provisions      may be tendered for shipment at locations
of the Terms, the Hazardous Materials            of The UPS Store®, where such services
Agreement,       or    any    governmental       are available.
regulations, UPS may, in its sole discretion,
terminate all of the shipper’s shipment               3.10     Limited Quantity/ORM-D
locations or limit such termination to those     Packages
locations where the failure to comply
occurred.                                        Limited Quantity/ORM-D packages are
                                                 accepted for transportation without
Shippers are prohibited from shipping and        Hazardous Materials shipping papers
UPS will not accept for transportation           within the 48 contiguous United States via
packages containing any Hazardous                UPS Ground or UPS Hundredweight
Materials requiring shipping papers              Service® when properly classified,
(defined as those materials regulated under      packaged, and marked. UPS Standard to
Title 49 of the Code of Federal                  Canada and UPS Ground (Intra-Alaska and
Regulations) or Dangerous Goods                  Intra-Oahu) services are available for
requiring Shipper’s Declaration for              Limited Quantity/ORM-D shipments without
Dangerous Goods documents, when such             a contract, provided the shipper has
packages are presented for shipment at           reviewed the required checklist and service
UPS Customer Centers, or Third-Party             restrictions with a UPS representative.
Retailers. Hazardous Materials requiring         Limited Quantity/ORM-D packages shipped
shipping papers cannot be picked up via          via UPS Air Services and UPS 3 Day
UPS On-Call Pickup® service, or retrieved        Select® within the United States and Puerto
via any UPS Returns® Service.                    Rico are accepted for transportation on a
Additional terms and conditions applicable       contractual basis only.
to the shipment of Hazardous Materials are             3.11 Hazardous Waste,
set forth in the UPS Guide for Shipping
Ground and Air Hazardous Materials, and          Mercury, and Mercury-Containing
the UPS Guide for Shipping International         Waste
Dangerous Goods, the terms of which are
each incorporated here by this reference         Packages containing hazardous waste,
and               available             at       defined as a solid waste that meets any of
http://www.ups.com/content/us/en/resourc         the criteria of hazardous waste as
es/ship/hazardous                                described in 40 C.F.R. § 261.3, are not
                                                 accepted for transportation.
       3.9    Dry Ice                            UPS’s acceptance for transportation of any
Packages containing dry ice (carbon              elemental mercury, mercury-containing
dioxide, solid) as a refrigerant, but no other   waste material, or used mercury-containing
Hazardous Materials, are accepted for            device (including, but not limited to,
transportation within the United States via      medical devices, spent or broken


                                                                                            8
fluorescent lamps, thermostats, or                shipment or tender of           shipment    of
thermometers) is limited, must be                 pharmaceutical products.
prearranged, and will only be provided
pursuant to prior written authorization from            3.15     Portable Electronic
UPS upon satisfaction of certain                  Devices
requirements      including     appropriate
packaging and financial assurances.               UPS transports packages containing radio
                                                  frequency identification devices (RFID),
       3.12    Live Animals                       ultrawideband devices (UWB), and other
                                                  portable electronic devices (PED) only
UPS provides service on a limited basis for       when such devices are in an inactivated
packages containing some types of live            state or otherwise in compliance with
animals. (The term “animal” as used here          applicable law including 14 C.F.R. § 91.21,
refers to anything living, except plants.)        14 C.F.R. § 121.306, or 47 C.F.R.
UPS will only accept packages containing          § 15.521(a).
live animals for shipment within the United
States. Live animals may be shipped only                 3.16    Tobacco Products
pursuant to the restrictions and conditions
set forth on ups.com regarding Shipping           Packages containing tobacco or tobacco
Live Animals. Any package containing a            products, as those terms are variously
live animal will be considered a Perishable       defined under applicable state law
Commodity.                          Access        (“Tobacco Product Shipments”), are
http://www.ups.com/content/us/en/resource         accepted for transportation only from
s/ship/packaging/guidelines/animals.html or       shippers who are licensed and authorized
contact UPS for information regarding             to ship tobacco and tobacco products
shipping live animals.                            pursuant to applicable laws. Tobacco
                                                  Product Shipments shipped to a consumer
       3.13    Perishable Commodities             will only be accepted for transportation as a
                                                  contractual service. However, because
UPS does not provide a protective service         UPS prohibits shipments of cigarettes to
for the transportation of Perishable              consumers under any circumstances, UPS
Commodities. Such commodities will be             does not offer a contractual service for the
accepted for transportation solely at the         delivery of cigarettes to consumers. To
shipper’s risk for any damage arising from        receive service for Tobacco Product
the perishable nature of the item. Shippers       Shipments shipped to a consumer, the
shall not file claims for, and UPS shall not      shipper must sign and agree to the
be liable to shippers or any third parties for,   provisions set forth in an approved UPS
any damage arising from the transportation        agreement for the transportation of tobacco
of Perishable Commodities, regardless of          products. For all other service for Tobacco
whether the package is delivered pursuant         Product Shipments, the receiver must be
to an applicable UPS Service Guarantee or         licensed and authorized to receive tobacco
is delayed in transit. UPS reserves the           or tobacco products pursuant to all
right to dispose of any package in the UPS        applicable federal, state, provincial, or local
system containing a Perishable Commodity          laws or regulations, and the shipment must
that UPS deems in its sole discretion to be       conform to the terms, conditions,
unsafe or unsanitary.                             restrictions, and prohibitions set forth at
                                                  www.ups.com/tobacco at the time of
       3.14    Pharmaceuticals                    shipping. It is the responsibility of the
                                                  shipper to ensure that a shipment tendered
The shipper shall comply with and shall           to UPS, including a Tobacco Product
ensure that each shipment containing              Shipment, does not violate any federal,
pharmaceutical products complies with all         state, provincial, or local laws or
applicable federal, state, provincial, and        regulations applicable to the shipment.
local laws and regulations governing the



                                                                                               9
UPS reserves the right to refuse to accept,    statements, or for violating U.S. or other
transport, or deliver any Tobacco Product      country laws regulating exports or imports
Shipment that UPS, in its sole discretion,     (see, e.g., 13 U.S.C. § 305; 18 U.S.C.
determines does not comply with UPS            §§ 545, 554 and 1001; 19 U.S.C. §§ 1595a
requirements for the shipment or any           and 1592; 22 U.S.C. § 401; and
applicable law or regulation, and to           Subchapter C of 15 C.F.R. (i.e., The Export
discontinue any or all service to any          Administration Regulations)).
shipper for, among other reasons,
tendering such a shipment. UPS reserves        When an international shipment is tendered
the right to dispose of any Tobacco Product    to UPS, UPS is thereby appointed as the
Shipment that shippers are prohibited from     agent for performance of customs
shipping, that UPS is not authorized to        clearance in the destination country to the
accept, that UPS states that it will not       extent allowed by law. The shipper shall
accept, or that UPS has a right to refuse.     provide all Powers of Attorney and other
                                               authorizations required by applicable law
4.     Provisions for Export and               for UPS to serve as the shipper’s agent to
     Customs Clearance of                      perform customs clearance in the
     International Packages                    destination country. UPS is specified as
                                               the nominal consignee for the purpose of
The shipper (or the party tendering a          designating a customs broker to perform
package to UPS for service, referred to for    customs clearance. Local authorities may
purposes of this Section 4 as “shipper”)       require documentation confirming that UPS
must provide UPS with all documentation        has been designated as the nominal
and information required by the laws of the    consignee.
origin and destination countries for export
and import of shipments (i.e., for export      Fines, penalties, liquidated damages,
and customs clearance). The shipper is         storage charges, or other expenses
responsible for determining export and         incurred as a result of an action by U.S.
import licensing or permitting requirements    Customs and Border Protection (or any
for a shipment, obtaining any required         other U.S. or other country’s government
licenses and permits, and ensuring that the    agency regulating imports or exports), or as
consignee is authorized by the laws of the     a result of the failure of the shipper or
origin and destination countries to receive    consignee to provide complete, true, and
the shipment. By tendering an international    correct documentation, statements, or
shipment for service and providing UPS         information required by the laws of the
with documentation (including any Source       origin and destination countries (including
Documents), the shipper certifies that the     the failure to obtain a required license or
documentation includes all required            permit) will be charged to the shipper or
licenses and permits, that the statements in   consignee along with any applicable duties,
that documentation and any other               fees, or taxes, and any applicable late
information that the shipper provides to       payment fees assessed by UPS. Unless a
UPS relating to exportation and importation    written agreement between UPS and the
are complete, true, correct, and in            shipper specifies otherwise, UPS reserves
compliance with the laws of the origin and     the right in its sole discretion to charge the
destination countries, and that the            shipper or consignee for any such fines,
consignee is authorized by the laws of the     penalties, liquidated damages, storage
origin and destination countries to receive    charges, expenses, duties, fees, taxes, or
the package. Furthermore, the shipper          late payment fees. Regardless of any such
understands that civil and criminal            written agreement specifying otherwise, in
penalties including seizure and forfeiture,    the event of non-payment by the
may be imposed for failing to provide UPS      consignee, the shipper is liable for all
with all required documentation, licenses,     charges.
permits, statements, and information, for
making inaccurate, false, or fraudulent


                                                                                          10
The shipper agrees to indemnify, defend,          advising of liquidations, filing protests, or
and hold harmless UPS, its parent                 filing petitions for relief.
corporation, and affiliated companies, their
officers, directors, employees, agents, and       UPS may prepay duties, fees, or taxes on
their successors and assigns, from any and        behalf of the payer. For importation into
all claims, demands, expenses, or liabilities     the United States, a fee will be assessed
including, but not limited to, fines,             and billed to the importer. A fee may also
penalties, liquidated damages, storage            apply for shipments to other countries.
charges, duties, fees, taxes, late payment
fees, or other money due, arising from the              4.1   Electronic Export
transportation, importation, exportation, or      Information
customs clearance of shipments on behalf
of the shipper, or arising from the shipper’s     If Electronic Export Information (EEI) is
noncompliance with the laws of the origin         required to be filed through the Automated
and destination countries, or UPS                 Export System (AES) under the Foreign
requirements applicable to the shipment.          Trade Regulations of the U.S. Bureau of
                                                  the Census (“Census”) (i.e., Part 30, 15
UPS provides routine customs clearance            C.F.R.), and the shipper has not filed the
through UPS Supply Chain Solutions®               EEI and provided an Internal Transaction
brokerage offices designated by UPS for           Number (ITN) to UPS to confirm that an
handling customs clearance of shipments           EEI transaction was submitted to Census
at no additional charge, except for UPS           by the shipper accepted and is on file in the
Standard to and from Canada shipments,            AES, UPS will electronically file the
for which a brokerage service charge              required EEI on behalf of the shipper,
applies.     Other UPS Supply Chain               provided that all information required to file
Solutions customs brokerage offices               the EEI is supplied by the shipper on the
charge fees for the clearance of packages         UPS Waybill or other export documentation
and freight.                                      and UPS has received proper authorization
                                                  or a Power of Attorney from the shipper to
Additional charges may apply for complex          complete and file the EEI. A processing fee
customs clearance procedures, which               will be assessed and billed to the shipper.
include, but are not limited to, the following:
                                                         4.2    Certificate of Origin
–Clearance procedures involving a
government agency other than U.S.                 UPS may, based solely on information that
Customs and Border Protection;                    the shipper furnishes, prepare a Certificate
                                                  of Origin for goods manufactured and
–Customs Bonds;                                   originating within the United States on
                                                  behalf of the shipper when one is required
–Drawbacks;                                       but not included with the export documents
–Formal entries involving more than five          provided by the shipper. When authorizing
tariff lines                                      UPS to prepare a Certificate of Origin, the
                                                  shipper certifies that the information it
–Live Entries;                                    provides to UPS is complete, true, and
                                                  correct and that the completed Certificate
–Country of Origin Marking; or                    of Origin complies with the laws of each
                                                  country where a claim will be made that the
–Temporary Import Bonds (T.I.B.).                 goods are manufactured and originate in
UPS is under no obligation, unless the            the United States. A processing fee will be
customer requests in writing and UPS              assessed and billed to the shipper.
agrees in writing, to undertake any pre- or
post-importation action including, but not
limited to, obtaining binding rulings,



                                                                                             11
      4.3     UPS Paperless® Invoice             importer or to the shipper when the shipper
Service                                          is selected as the payer of the duties and
                                                 taxes for the shipment.
A shipper must register with UPS in
advance of shipping to use UPS Paperless         4.5    Record-Keeping
Invoice service, where such services are
available. By using UPS Paperless Invoice        The shipper agrees and consents that UPS
service, the shipper authorizes UPS to use       may preserve a record of the carriage for
the shipper’s letterhead and electronic          an international shipment using means
signature to prepare true, correct, and          other than producing a copy of the air
paperless commercial invoices that reflect,      waybill. The shipper has a duty to and is
in all material respects, the shipper’s sale     solely liable for maintaining all records as
transactions of merchandise to its buyers        required under the export and customs or
(i.e., the “Sold To” Parties) necessary to       other laws of the origin and destination
expedite in accordance with law the export       countries; unless otherwise agreed to in
and customs clearance of international           writing. UPS assumes no responsibility to
shipments. The shipper shall provide to          act as a record-keeper or record- keeping
UPS in advance all required information          agent for the shipper.
including, but not limited to, the true and      5.     UPS Import ControlSM
accurate price at which the merchandise
was sold to the “Sold To” Party, any             UPS Import Control service allows a
required additions to customs value (e.g.,       shipper to process an import shipment,
dutiable commissions, royalty/license fees,      including commercial invoice, and create a
assists, packing costs, and proceeds of          Print Import Label, Electronic Import Label,
subsequent sales), the currency of the           or Print and Mail Import Label to provide to
sale, country of origin, terms of sale, the      the sender or party tendering the shipment
quantities, ultimate consignee, and a            to UPS. A shipper may also request 1 UPS
complete commercial description of the           Pickup Attempt or 3 UPS Pickup Attempts
merchandise.        By using the service,        to request that UPS make pickup attempts
shipper represents and certifies that any        to retrieve an import shipment from a
paperless commercial invoice that UPS            sender’s address. UPS Import Control is
prepares is true and accurate, which             available only in countries where UPS
means that it is, in all material respects, an   pickup services are available.           An
electronic copy of the same commercial           additional charge for each UPS Import
invoice provided to the buyer. The shipper       ControlSM package as set forth in the UPS
shall have an affirmative, non-delegable         Rates in effect at the time the charge is
duty to disclose to UPS any and all              applied.
required commercial invoice information,
and to ensure its accuracy and                   UPS Import Control is available only for
completeness. The shipper must provide           shipments processed through UPS
timely upload of PLD to use UPS Paperless        WorldShip®, UPS CampusShip®, UPS
Invoice service.                                 Internet Shipping, UPS Developer Kit, or an
                                                 approved UPS Ready® solution.
4.4    Pre-Release Notification for
       Import Shipments                          UPS Import Control is not available for
                                                 Hazardous Materials shipments requiring
A shipper or consignee may request that          shipping papers, firearms, or shipments
UPS notify the consignee prior to                requiring Delivery Confirmation Adult
submission of a U.S. import shipment to          Signature Required service.      C.O.D.
U.S. Customs and Border Protection so            service is not available for UPS Import
that the importer may validate the               Control shipments.
classification, valuation, or other import
information. An additional fee applies for       The maximum actual or declared value for
this service and will be billed to the           each UPS Import Control package is


                                                                                          12
$50,000, provided that, for any UPS Import         verification, as determined by UPS in its
Control package with an actual or declared         sole discretion, of the shipper’s name and
value in excess of $1000, the shipper must         address, or any other information
ensure that a UPS high-value shipment              necessary to accept the package for
summary is generated and signed by the             service. UPS reserves the right to refuse to
UPS driver upon tender of the shipment to          provide service for any package, or to or
UPS. If no high-value shipment summary             from any location, or to provide alternative
is obtained and signed, the maximum                service arrangements when, among other
actual or declared value of each such              reasons, UPS, in its sole discretion, deems
package is limited to $1000.                       that it is unsafe or economically or
                                                   operationally impracticable to provide
Notwithstanding anything herein to the             service.
contrary, for all UPS Import Control
shipments tendered to UPS for export from          8.     Packaging
the U.S., that transit the U.S., or that
contain U.S.-origin goods, the sender or           It is the responsibility of the shipper to
tendering party is the exporter for purposes       ensure that proper packaging is used and
of the Export Administration Regulations           that contents of packages are adequately
(“EAR”), and it shall be responsible for           and securely packed, wrapped, and
determining licensing authority (license,          cushioned for transportation. Packages
license exception, or NLR) and obtaining           must be so packed or wrapped as to meet
the appropriate license or other                   UPS’s published standards related thereto
authorization as provided in Section 4             set forth in the Service Guide, or on
(Provisions for Export and Customs                 ups.com, and as to pass tests set forth in
Clearance of International Packages). In           the International Safe Transit Association
no event shall a party arranging for UPS           (“ISTA”) Procedure 3A, Procedure for
Import Control service provide a writing           Testing Packaged Products, published by
assuming responsibility for determining            ISTA. In addition, any tested product must
licensing requirements and obtaining               be free from damage and the packaging
license authority for any UPS Import               must afford reasonable protection as
Control shipment to the tendering party.           determined by UPS in its sole judgment.
UPS does not agree to serve as the
exporter for purposes of the EAR.                  The use of UPS-provided packaging is not
                                                   a guarantee that an item is sufficiently
6.     Right of Inspection                         packaged for transportation. UPS does not
                                                   provide special handling for packages with
UPS reserves the right in its sole discretion      “Fragile,” package orientation (e.g., “UP”
to open and inspect any package tendered           arrows or “This End Up” markings), or any
to it for transportation, but is not required to   other similar such markings.
do so.
                                                   When shipping certain electronic media
7.     Refusal of Service                          containing sensitive personal information
                                                   (such as personal financial or health
UPS reserves the right to refuse to provide        information), it is recommended that the
service, among other reasons, for any              shipper retain a copy of the data and
package which by reason of the dangerous           secure the data on the electronic media
or other character of its contents may, in         through encryption or other technological
the sole judgment of UPS, soil, taint or           means.     For the shipment of such
otherwise damage other packages or                 electronic media, or for breakable items,
UPS’s equipment, or which is improperly or         see the packaging guidelines located at
insecurely packed or wrapped, as                   ups.com. The guidelines advise against
determined by UPS in its sole judgment.            the use of Express Envelopes, Express
                                                   Paks, or Express Pad Paks to ship
Before accepting any package for service,
UPS reserves the right to require sufficient


                                                                                            13
sensitive personal information or breakable     should use a P.O. Box address, the
items.                                          recipient’s telephone number must be
                                                included. A package addressed to a P.O.
9.     Use of UPS-Provided Materials            Box may experience delays, is not covered
      and Services                              by any UPS Service Guarantee, and is
                                                subject to an Address Correction charge.
UPS-provided materials including, but not       Army Post Office (APO) and Fleet Post
limited to, packaging materials and             Office (FPO) addresses are not accepted.
supplies, envelopes, labels, label printers,
shipping documents, publications and            13.    UPS Customer Center
products are provided solely for the use of
UPS shippers to obtain UPS services on          Before accepting a package tendered for
their behalf and to interact with UPS. Any      transportation or releasing any package at
other use of such UPS-provided materials        a UPS Customer Center to a consignee or
is strictly prohibited.                         other recipient, UPS reserves the right to
                                                require sufficient verification, as determined
Under no circumstances may a shipper sell       by UPS in its sole discretion, of the
any UPS-provided materials, products, or        shipper’s or recipient’s name, address,
services to any third party without prior       authorization to ship or receive the
written authorization from UPS.                 package, or any other information UPS
                                                deems necessary to accept or release the
10.     Use of UPS Electronic                   package in its sole discretion. Persons
      Information Systems                       tendering or picking up packages on behalf
                                                of a business may be required to provide
Use of UPS electronic information systems       identification issued by the business and a
to which shippers are granted access by         government-issued identification.
UPS and which are accessed by means of
hardware, software, or internet interfaces,     14.    Third-Party Retailer
including UPS Shipping Systems, are
subject to and will be governed by the          The UPS Store locations are independently
terms and conditions in effect at the time of   owned and operated by licensed
shipping for the relevant system, including     franchisees of Mail Boxes Etc., Inc., a
without limitation, the UPS Technology          subsidiary of United Parcel Service, Inc.,
Agreement, the iShip Master Enterprise          and are not agents of UPS. Other Third-
Service Agreement, the ConnectShip® End         Party Retailers are independently owned
User License Agreement, or that                 and operated businesses and are not
agreement licensing use of a UPS Ready®         agents of UPS. UPS assumes no liability
program.                                        other than to the Third-Party Retailer as the
                                                shipper of the package, for lost, damaged
11.     ZIP Code™/Postal Code                   or delayed packages sent via the Third-
      Information                               Party Retailer. Any such liability to the
                                                Third-Party Retailer is subject to the
The receiver’s ZIP Code™ is a required part     limitations set forth in the Terms. All
of the address for domestic shipments.          inquiries regarding packages shipped via
When available, ZIP+4™ should be used.          any Third-Party Retailer must be directed
The receiver’s postal code, telephone           to the Third Party Retailer that shipped the
number, and contact name are required           package. UPS will deal solely with the
parts of the address for international          Third-Party Retailer in all matters
shipments.                                      concerning packages shipped via any
                                                Third-Party Retailer including, but not
12.    P.O. Boxes                               limited to: tracking/tracing requests; claims
                                                and guarantees; C.O.D. preparation and
UPS does not provide Delivery to a P.O.         remittance; return of undeliverable
Box. The shipper must make every effort to      packages; proper packaging and labeling;
obtain a street address. If the shipper


                                                                                           14
and billing. Even if UPS responds directly     telephone or through ups.com prior to the
to customers of the Third-Party Retailer       deadline designated by UPS.
regarding tracking requests, UPS will not
be liable to those customers. The Third-       For Daily Pickup, Daily On-Route Pickup,
Party Retailer is solely responsible for the   and Day-Specific Pickup, a weekly service
issuance of any refunds and claims to          charge based on the account’s weekly
those who shipped packages via the Third-      billing total, as reflected in the UPS billing
Party Retailer. For any package shipped        system, will be assessed. The weekly
via the Third-Party Retailer with a declared   billing total may not necessarily reflect all
value in excess of $1000, the Third-Party      packages tendered during a calendar
Retailer must provide a copy of the high-      week. For UPS Smart Pickup, a weekly
value control log to UPS at the time of        service charge will be assessed.
tender of the package. The Third-Party
Retailer shall not ship any articles which     16.    UPS On-Call Pickup® Service
UPS does not accept for transportation.        When UPS On-Call Pickup Service is
The Third-Party Retailer shall indemnify       requested by the shipper, UPS will arrange
and hold harmless UPS in any action            (where reasonably practicable) a package
against UPS arising from the loss, damage,     pickup at the shipper’s location.       An
or delay of a package shipped via the          additional charge for On-Call Pickup
Third-Party Retailer.                          Service will be assessed.
15.    Pickup Services–Scheduled               On-Call Pickup Service from a Residential
UPS offers the following Scheduled Pickup      location will be assessed an additional
Services:                                      surcharge for residential pickup. If the
                                               Residential location is in a remote or less
–Daily Pickup: When Daily Pickup service       accessible area as designated by UPS, an
is selected, UPS will call on shipper’s        additional surcharge for extended area or
location once each business day to pick up     remote Residential pickup also will apply.
packages. UPS may not call upon a
location on any day in which the account       17.    Saturday Pickup; Processing
indicates that there are no packages                 Fee
available for pickup.
                                               UPS offers Saturday pickup of UPS Air
–Daily On-Route Pickup: When Daily On-         Services      packages       and       UPS
Route Pickup service is selected, UPS will     Hundredweight Air Services shipments for
call at shipper’s location each business day   Delivery in the United States and Puerto
to pick up packages while making               Rico where such services are available.
deliveries in shipper’s area.                  The shipper should contact UPS for
                                               information regarding UPS’s Saturday
–Day-Specific Pickup: When Day-Specific        pickup area. UPS Air Services shipments
Pickup is selected, UPS will call on           picked up on Saturday receive the same
shipper’s location each business day as        delivery commitment as UPS Air Services
preselected by shipper. Shipper may            shipments picked up on Friday. Saturday
select up to four business days per week       pickup service is provided by the following
for Day-Specific Pickup.                       methods:
–UPS Smart PickupSM: When UPS Smart            –A shipper may request Saturday pickup
Pickup is selected, UPS will call on           via UPS On-Call Pickup® service by
shipper’s location any business day when       contacting UPS on each Saturday,
the shipper transmits PLD via UPS              excluding holidays, on which the service is
WorldShip® (version 12.0 or higher), UPS       needed.
CampusShip®, or UPS Internet Shipping by
the deadline designated by UPS, or if          –At the shipper’s option, UPS will call at the
shipper has scheduled a pickup by              shipper’s premises every Saturday,


                                                                                          15
excluding holidays, to pick up qualifying      19.    Delivery
shipments. A surcharge will be assessed if
UPS calls at the shipper’s premises on         UPS does not limit Delivery of a package to
Saturday and there are no packages to be       the person specified as the receiver in the
picked up on that day.                         UPS Shipping System. Unless the shipper
                                               uses Delivery Confirmation service
An additional charge will be assessed for      requiring a signature, UPS reserves the
each UPS Air Services package or UPS           right, in its sole discretion, to make a
Hundredweight Air Services shipment            Delivery without obtaining a signature.
processed via a UPS Shipping System,
tendered to UPS, or tendered to a Third-       20.    Residential Delivery
Party Retailer on a Saturday, in addition to
any applicable UPS On-Call Pickup charge.      If the delivery location could be construed
                                               as either residential or commercial, then
18.    Drop Shipment                           the rates for Residential Delivery will apply.
A unique Drop Shipper account number will      21.    Deliveries Attempted Three
be assigned to approved shippers and                 Times Without Extra Charge
must be used solely for the origin and
destination locations as specified in the      If UPS is unable to deliver a package, a
UPS Drop Ship Letter of Understanding or       notice will be left at the consignee’s
as required by UPS.                            address stating that delivery has been
                                               attempted. Thereafter, a second and, if
UPS reserves the right to refuse any Drop      necessary, a third attempt to deliver the
Shipment request, in its sole discretion,      package will be made without additional
including, but not limited to, any Drop        charge.
Shipment that is operationally or
economically impracticable to transport. A     22.    Hold for Pickup Service
request for Drop Shipment service is not
reasonable unless the shipper makes a          At the time a shipper tenders a package to
prior arrangement with UPS, agreed to in       UPS, the shipper may request that UPS
advance by UPS, as to timing, location,        hold a domestic package at a designated
and volume of the Drop Shipment.               UPS Customer Center for pickup by the
                                               consignee. For each such package, the
When       a   shipper,    through    prior    shipper will complete an address label
arrangements with UPS, tenders packages        showing the words “Hold for Pickup,” the
at UPS’s receiving stations with a return      consignee’s name, telephone number, the
address requiring a movement greater than      name of a contact person, and the full
a Zone 2 movement from the point of            address of the designated UPS Customer
tender, any undelivered packages will be       Center. In addition, the shipper will apply a
returned automatically and will be charged     UPS Hold for Pickup label below the
at the rate applicable between the point of    address label on the package.
tender and the return address.         The
effective UPS Rates for the applicable         UPS will hold the package at the
shipment will apply.                           designated UPS Customer Center and will
                                               attempt to contact the consignee at the
UPS does not accept, and shippers are          telephone number shown on the label.
prohibited from shipping, any package via a    Packages not picked up within five (5)
Drop Shipment that contains Hazardous          business days from the date of arrival will
Materials,      except      for    Limited     be returned to the shipper at the shipper’s
Quantity/ORM-D packages that are               expense.
tendered for UPS Ground service in the 48
contiguous United States.                      Hold for Pickup is not available for
                                               international shipments.



                                                                                          16
23.    Shipper Release                         additional charge, set forth in the UPS
                                               Rates applicable to the shipment in effect
A shipper may request that UPS release a       at the time of the request will be assessed
package on the first Delivery attempt.         for each package returned to the shipper,
When Shipper Release is selected, UPS          rerouted, or held for future delivery.
will make only one Delivery attempt, a
signature will not be obtained upon            26.    Delivery Change Requests
Delivery, and a UPS delivery record
showing a completed Shipper Release            After delivery has been attempted and the
delivery shall be conclusive proof that        receiver has received notice from UPS that
Delivery was completed. Shipper Release        delivery has been attempted (UPS
is provided solely at the shipper’s risk of    InfoNotice® or postcard number required),
loss or damage arising from the release of     the receiver may request that UPS return a
the package by UPS and UPS will not be         package to the shipper, reroute a package
liable to shippers or third parties for any    to an address or a receiver other than the
damages arising from the release of the        address or receiver identified in the UPS
package.                                       Shipping System for the package, hold the
                                               package for pickup at a UPS Customer
24.    UPS carbon neutral                      Center, or hold a package for future
                                               delivery (“Delivery Change”). UPS will
A shipper may request that UPS offset the      honor a Delivery Change Request where
climate impact of a package via UPS            practicable and where the receiver has
carbon neutral service by selecting UPS        guaranteed payment of any applicable
carbon neutral at the time a package is        charges resulting from the change. By
tendered to UPS. By selecting UPS carbon       requesting a Delivery Change, the receiver
neutral, UPS will purchase and retire in the   acknowledges and agrees that the
appropriate registry a sufficient number of    limitations of liability set forth in the Terms
voluntary or regulatory carbon credits as      in effect at the time of shipment apply to
determined by UPS in its sole discretion to    the package subject to the Delivery
offset calculated carbon dioxide emissions.    Change Request and that the value
UPS carbon neutral is available only for       originally declared by the shipper, if any,
packages shipped via a UPS Automated           shall continue to apply throughout the
Shipping System. An additional charge will     course of transportation pursuant to the
be assessed for each carbon neutral            Delivery Change Request. UPS assumes
request.                                       no liability other than to the shipper of the
                                               package for loss, damage, or delay of any
25.    UPS Delivery Intercept®                 package subject to Delivery Change. An
                                               additional charge set forth in the UPS
After a domestic package has been              Rates applicable to the shipment in effect
tendered to UPS but before Delivery, a         at the time of the request will be assessed
shipper may request that UPS return a          to the consignee for each package rerouted
package to the shipper, reroute a package      or held for future delivery by a Delivery
to an address or a receiver other than the     Change Request.
address or receiver identified in the UPS
Shipping System for the package (including     27.    Correction of Addresses
a request by shipper to correct an
address), hold the package for pickup at a     If UPS is unable to deliver any package as
UPS Customer Center, or hold a package         addressed by the shipper, or if the package
for future delivery. UPS Delivery Intercept    has an incorrect or incomplete address
may be requested only by the shipper.          (examples include, but are not limited to,
UPS will honor such a request where            P.O. Boxes, missing suite, apartment, or
practicable and where the shipper has          unit numbers, old addresses, and
guaranteed payment of any applicable           missing/incorrect ZIP Codes), UPS will
charges resulting from the change. An          make reasonable efforts, to be determined


                                                                                           17
in its sole discretion, to secure the correct   applicable, only valid UPS accounts will
or complete address. An address validated       receive responses via mail:
by UPS may be incorrect or incomplete for
purposes of completing Delivery, and may             29.1 Delivery Confirmation
be corrected by UPS. If the correct or          (domestic only)
complete address is secured, UPS, at its
sole discretion, will attempt delivery, and     A shipper may request Delivery
the shipper will be provided with the correct   Confirmation Service by indicating Delivery
or complete address in order to update its      Confirmation on the UPS Source
internal records. An additional charge will     Document (excluding Air Shipping
be assessed for an address correction.          Documents) or in a UPS Automated
                                                Shipping System.            Each Delivery
28.    Saturday Delivery                        Confirmation response will include the date
                                                of delivery and either the name of the
UPS offers optional Saturday Delivery of        recipient or the disposition of the package;
the following services, where such services     or, in the event of a return, the response
are available:                                  will indicate the reason for the return and
UPS Next Day® Air Early A.M.®                   the date processed. All responses will be
                                                consolidated and provided to the shipper in
UPS Next Day Air®                               printed or electronic format.
UPS 2nd Day Air®
                                                      29.2 Delivery Confirmation
UPS Hundredweight Service® UPS Next             Signature Required (domestic and
Day Air®                                        international)
UPS Hundredweight Service® UPS 2nd
Day Air®                                        A shipper may request UPS to obtain the
                                                recipient’s signature and to include it on the
UPS Returns® Services (excluding UPS            Delivery Confirmation response.           The
Authorized Return Service®)                     shipper must use a UPS Automated
UPS Worldwide Express Plus®, UPS                Shipping System to initiate a request for
Worldwide Express® (to specific locations       this service. UPS may obtain, at its
in Canada, Germany, and the United              discretion, a signature or other electronic
Kingdom; and from specific locations in         acknowledgment of receipt from the
designated countries to specific locations in   recipient when this option is selected.
the U.S.)                                             29.3 Delivery Confirmation
Contact UPS for UPS’s Saturday Delivery         Adult Signature Required (domestic
area.                                           and international)
A shipper may request Saturday Delivery
by indicating the selection in the UPS          A shipper may request UPS to obtain the
Shipping System and attaching a Saturday        signature of an adult 21 years of age or
Delivery routing label, provided by UPS, to     older and to include it in the Delivery
each package.                                   Confirmation response. UPS, in its sole
                                                discretion, will determine if Delivery can be
An additional charge will be assessed for       completed when such a request is made,
each package or international shipment for      and may request photo identification
Saturday delivery and will be billed to the     indicating the recipient’s age, before
payer of the transportation charges.            completing Delivery. The shipper must use
                                                a UPS Automated Shipping System to
29.    Delivery Confirmation Services           initiate a request for this service. UPS
                                                reserves the right to assess the shipper the
UPS provides the following Delivery             additional charge for this service when the
Confirmation Services.    An additional         shipper requests UPS to obtain an adult
charge applies for each service. Where          signature on Delivery and an approved


                                                                                           18
UPS label is not affixed to the package        charges, duties, and taxes. Undeliverable
indicating such request, or, the shipper       international shipments returned to the
tenders a package that, based upon its         shipper also are subject to an undeliverable
contents, requires an approved UPS label       shipment surcharge set forth in the
requesting an adult signature upon Delivery    effective UPS Rates. The UPS Service
and no such label has been affixed to the      Guarantee does not apply to undeliverable
package.                                       packages returned to the shipper.
30.    Proof of Delivery (P.O.D.)              If a package is refused by the consignee or
                                               for any other reason cannot be delivered,
Upon request, UPS will provide proof of        and return of the package is refused by the
delivery of a shipment via fax transmission,   shipper, or UPS is unable within a
email, or mail. The request must include a     reasonable time to obtain the shipper’s
fax number, including area code, for an        instructions on disposition of the package,
operating fax machine, an email address        or the package cannot otherwise be
for email delivery, or an address              returned to the shipper, UPS will retain the
deliverable by the United States Postal        package for a reasonable period of time, to
Service for mail.                              be determined in its sole discretion (not to
                                               exceed 30 days), and UPS reserves the
31.    Package Tracking/Tracing and            right to dispose of the package, including
      Refund Request Charge                    salvage, thereafter.      The shipper or
                                               consignee’s sole recourse in such
UPS reserves the right to assess a shipper     circumstances shall be in accordance with
an additional charge of $3 per request for     and subject to Sections 47 (“Claims and
each Package Tracking/Tracing and              Legal Actions”) and 48 (“Responsibility for
Refund Request initiated by or at the          Loss or Damage”).
request of the shipper. This charge will not
be assessed for the first 50 package           33.    C.O.D. Service
tracking requests per calendar week, or for
a quantity of package-tracking requests        UPS accepts C.O.D. packages for delivery
equal to or less than 20 percent of the        in the United States and Puerto Rico.
shipper’s package volume for that week,        C.O.D. service is not provided for
whichever is greater. This charge will not     international shipments.
be assessed for a quantity of package-
tracing requests equal to or less than two           33.1 Preparation and Listing of
percent of the shipper’s package volume        C.O.D. Packages
for that week. UPS also reserves the right
to assess the shipper a charge set forth in    Shippers not using a UPS Automated
the effective UPS Rates for Service            Shipping System must prepare and attach
Guarantee refund requests when the             to each C.O.D. package a UPS C.O.D. tag
subject package was delivered in               showing the amount to be collected and
accordance with the applicable UPS             enter such amount in the space provided
Service Guarantee in the effective Terms.      for that purpose.

32.    Special Handling of                     Shippers using a UPS Automated Shipping
                                               System will generate, and apply to each
      Undeliverable Packages; Refused          C.O.D. package, a system-generated
      Packages Returned                        address label with a C.O.D. bar code and
Packages refused by the consignee, or          the amount to be collected for each
which cannot be delivered due to any other     individual package. Each C.O.D. package
cause beyond UPS’s control, will be            in a UPS Hundredweight Service® or UPS
returned to the shipper at shipper’s           Ground with Freight Pricing C.O.D.
expense, including, but not limited to,        shipment must carry a C.O.D. tag or
forwarding costs, return transportation        system-generated label for the goods
                                               contained in that package.


                                                                                        19
       33.2   Responsibility for C.O.D.s        All checks or other negotiable instruments
                                                (including cashier’s checks, official bank
Upon delivery of each C.O.D. package,           checks, money orders, and other similar
UPS will attempt to collect the amount          instruments) will be transmitted to the
shown on the C.O.D. tag or the system-          shipper together with UPS’s own check if
generated label attached to the package         consignee check(s) collected are for less
and transmit to the shipper the amount so       than the C.O.D. amount. Remittances
collected (subject to the terms and             (checks, money orders, etc.) received that
conditions in Section 33.9, “Remittance of      are less than the C.O.D. dollar amount
C.O.D.s,” below), or, if collection cannot be   indicated by the shipper will be reimbursed
made, will return the package to the            for the full amount unless the variance of
shipper. The shipper must notify UPS            the amount remitted is less than $1.00.
within 45 days from the date of shipment of
a C.O.D. shipment if the shipper has not              33.4     C.O.D. Package of $10,000
received payment of the C.O.D. amount, or       or More
any claim relating thereto shall be deemed
waived. Suits shall be instituted within two    UPS may require payment for any C.O.D.
years after denial of any portion of the        package of $10,000 or more to be received
claim.                                          in a single check or other negotiable
                                                instrument such as a cashier’s check,
If collection cannot be made within three       money order, official bank check, or other
delivery attempts, or the consignee refuses     similar instrument.
delivery, UPS will return the package to the
shipper.                                                33.5   Acceptance of Personal
                                                Check
     33.3 Consignee’s Checks in
Payment of C.O.D.s                              In the event that UPS accepts a personal
                                                or company check when a shipper has
Unless instructions to collect a cashier’s      properly instructed UPS to collect a
check or money order only are shown on          cashier’s check or money order only, UPS
the C.O.D. tag (in conformity with the          reserves the right, in its sole discretion, to
instructions on the tag) or system-             deposit into a UPS account the personal or
generated label, UPS will accept a check or     company check collected and to provide
other negotiable instrument issued by or on     the shipper with a check issued by UPS.
behalf of the consignee. When instructions
to collect a cashier’s check or money order            33.6 C.O.D. Remittance
only are clearly indicated on the C.O.D. tag    Verification
or system-generated label, UPS reserves
the right to accept a cashier’s check,          In the event that a shipper timely notifies
money order, official bank check, or other      UPS that the shipper has not received
similar instrument issued by or on behalf of    payment of the C.O.D. amount, if UPS’s
the consignee.                                  records show that it collected a C.O.D.
                                                payment and the remittance has not been
All checks or other negotiable instruments      cashed, UPS may, in its sole discretion,
(including cashier’s checks, official bank      provide the shipper with a digital image of
checks, money orders, and other similar         the check or money order along with a
instruments) tendered in payment of             C.O.D. Remittance Verification in order to
C.O.D.s will be accepted by UPS based           assist the shipper in locating the missing
solely upon the shipper assuming all risk       C.O.D. payment. If the shipper is still
relating thereto, including, but not limited    unable to locate the C.O.D. payment, UPS
to, risk of non-payment, insufficient funds,    may, in its sole discretion, provide the
and forgery, and UPS shall not be liable        shipper with an indemnified C.O.D. check
upon any such instrument.                       or money order, which is a digital image of
                                                the original payment collected by UPS at


                                                                                           20
the time of delivery and can be deposited in     with the shipper’s name, to deposit the
a bank, provided that the original check or      same into any UPS account, and to apply
money order has not previously been              the proceeds of the same against any past
deposited or negotiated. If the indemnified      due Charges owed by the shipper. The
check or money order turns out to be             shipper acknowledges and agrees that
invalid for any reason including, but not        such appointment of UPS as the shipper’s
limited to, insufficient funds or forgery, UPS   attorney-in-fact is coupled with an interest
shall not be liable upon the instrument.         and is irrevocable. UPS may exercise any
                                                 of its rights under this section either directly
       33.7   Restrictions                       or through any employee or agent.
C.O.D.s are accepted for amounts up to           The shipper relinquishes, waives, and
$50,000 per package.                             agrees not to assert any claim against UPS
                                                 or any of its employees or agents, any
C.O.D. packages with an amount to be             consignee, any collecting or paying bank,
collected in excess of $500 are not              or any other person or entity, that may
accepted for transportation via a UPS Drop       directly or indirectly arise as a result of
Box.                                             UPS’s exercise of any of its rights under
Entry of a C.O.D. amount is not a                this section Remittance of C.O.D.s.
declaration of value for carriage. Payment       Without diminishing any of UPS’s rights
of the C.O.D. charge does not constitute         under the preceding sentence, the shipper
payment of the declared value charge.            agrees that UPS and such other persons or
                                                 entities shall not be liable to the shipper or
UPS will not accept currency in any amount       any other person or entity for any special,
for payment of C.O.D. shipments.                 incidental, or consequential damages in
                                                 any claim made with respect to UPS’s
      33.8 Charges for C.O.D.                    exercise of any such rights.
Collections
                                                 The shipper agrees that, following UPS’s
An additional charge will be assessed for        application of any C.O.D. collections to any
each C.O.D. package tendered to UPS.             past due Charges owed by the shipper in
                                                 accordance with this section, the shipper
       33.9   Remittance of C.O.D.s              will continue to be fully liable for the
                                                 payment of all remaining Charges owed by
Subject to the following provisions of this      the shipper (including, without limitation, (i)
section, UPS shall remit C.O.D. collections      any Charges that are not covered by the
to the shipper after the date of collection.     application of the C.O.D. collections, and
                                                 (ii) any Charges relating to a previously
The shipper irrevocably authorizes UPS to        applied C.O.D. collection that is reversed
apply, in its sole discretion and without        by reason of the uncollectibility of the
prior notice to the shipper, any C.O.D.          C.O.D. check or other negotiable
collections to any past due Charges owed         instrument or otherwise).
by the shipper. To this end, if there are any
past due Charges owed by the shipper, the        Nothing in this section shall constitute an
shipper hereby (a) irrevocably assigns and       election of remedies by UPS or any other
transfers to UPS all of the shipper’s right,     person or entity or a waiver of any of the
title and interest in and to each check or       rights of UPS or any other person or entity
other negotiable instrument for payment of       under the remaining provisions of the
a C.O.D. that is received by UPS or its          Terms or at law or in equity.
employee or agent, and (b) constitutes and
appoints UPS as the shipper’s attorney-in-       34.    UPS Returns® Services
fact and authorizes UPS, in the shipper’s
name, place, and stead, to endorse any           UPS offers UPS Returns® Services and
such check or other negotiable instrument        UPS Returns® Plus services described
                                                 below.


                                                                                              21
UPS Returns Services packages can be            –Print Return Label; Electronic Return
returned from addresses within the United       Label; Print and Mail Return Label
States, where these services are available.     Packages can be returned from an address
UPS Returns Services are not available via      using Print Return, Electronic Return, or
UPS Next Day Air Saver, or UPS 2nd Day          Print and Mail Return Labels.
Air A.M.
                                                The maximum actual or declared value for
UPS      Returns    Services     packages       each domestic Print Return Label,
(excluding Returns on the Web) can be           Electronic Return Label, or Print and Mail
returned from addresses outside the United      Return Label package is $1000.
States, where these services are available.
The applicable import rate will be charged      The maximum actual or declared value for
for each such package.                          each package in an international Print
                                                Return Label, Electronic Return Label, or
An additional accessorial charge applies to     Print and Mail Return Label shipment is
each UPS Returns Services package and           $50,000, provided that, for any such
will be assessed when the service is            package with an actual or declared value in
requested.                                      excess of $1000, the shipper must ensure
Packages containing certain items are           that a UPS high-value shipment summary
prohibited from being shipped and are not       is generated and signed by the UPS driver
accepted by UPS when tendered for               upon tender of the shipment to UPS. If no
transportation via UPS Returns Services         high-value shipment summary is obtained
including, but not limited to, Hazardous        and signed, the maximum actual or
Materials packages requiring shipping           declared value for each such package is
papers, firearms, and packages requiring        limited to $1000.
Delivery Confirmation Adult Signature           Upon Delivery, a package returned will be
Required service.                               charged the rate calculated from the pickup
C.O.D. (Collect on Delivery) service is not     location to the destination via the service
available for UPS Returns Services              selected. An additional charge for each
packages.      Third-Party Billing is not       Print Return Label, Electronic Return Label,
available for UPS Returns Services in the       and Print and Mail Return Label package
United States.      Third-Party Billing is      will be assessed when the service is
available for UPS Returns Service outside       requested. The applicable charges will be
the United States.                              those set forth in the UPS Rates in effect at
                                                the time the charge is applied.
       34.1   UPS Returns®
                                                       34.2   UPS Returns® Plus
–Authorized Return Service (ARS) - ARS
is a contractual service only that allows the   –1 UPS Pickup Attempt A shipper can
shipper to order preprinted labels to send      request that UPS make one pickup attempt
to its customer. Packages can be returned       to retrieve a package from an address.
from addresses in the United States, where
this service is available, via UPS Next Day     The maximum actual or declared value for
Air®, UPS 2nd Day Air®, UPS 3 Day               each domestic 1 UPS Pickup Attempt
Select®, and UPS Ground. ARS for UPS            service package is $1,000. The maximum
Returns® Flexible Access is available only      actual or declared value for each package
via UPS Ground in the 48 contiguous             in an international 1 UPS Pickup Attempt
United States, and is not available for         shipment is $50,000; provided that for any
international shipments. Upon Delivery of       international 1 UPS Pickup Attempt
the package, the shipper is billed the rate     package with an actual or declared value in
based upon the contract. There is no            excess of $1000, the shipper must ensure
additional accessorial charge.                  that a UPS high-value shipment summary
                                                is generated and signed by the UPS driver
                                                upon tender of the shipment to UPS. If no


                                                                                          22
high-value shipment summary is obtained       through the shipper’s website.          The
and signed, the maximum actual or             maximum actual or declared value per
declared value of each such package is        package for UPS Returns on the Web Print
limited to $1000.                             Return Label, Print and Mail Return Label,
                                              Electronic Return Label, 1 UPS Pickup
Upon Delivery, a package returned using       Attempt, and 3 UPS Pickup Attempts is
1 UPS Pickup Attempt service will be          limited as set forth in Section 34.1, above.
charged the rate calculated from the pickup
location to the destination via the service        34.4     UPS Returns® Flexible
selected. An additional charge for each 1     Access
UPS Pickup Attempt service package will
be assessed when 1 UPS Pickup Attempt         UPS Returns Flexible Access is a
service is requested.      The applicable     contractual service only that allows a
charges will be those set forth in the UPS    shipper’s customer to drop off a return
Rates in effect at the time the charge is     package to UPS or the U.S. Postal Service,
applied.                                      using a UPS Returns Flexible Access
                                              return label, for return shipment via UPS
–3 UPS Pickup Attempts A shipper can          Ground, where available. The service is
request that UPS make three pickup            not available for 1 UPS Pickup Attempts or
attempts to retrieve a package from an        3 UPS Pickup Attempts. The maximum
address.                                      actual or declared value per UPS Returns
The maximum actual or declared value for      Flexible Access package is $1000.
each domestic 3 UPS Pickup Attempts                  34.5   UPS Returns® Exchange
service package is $50,000. The maximum
actual or declared value for each package     UPS Returns® Exchange allows a shipper
in an international 3 UPS Pickup Attempts     to arrange for delivery of a replacement
service shipment is $50,000; provided that    item with a preprinted UPS return label and
for any 3 UPS Pickup Attempts package         a simultaneous pick up of a return item.
with an actual or declared value in excess    UPS Returns Exchange is a contractual
of $1000, the shipper must ensure that a      service only.
UPS high-value shipment summary is
generated and signed by the UPS driver        35.    UPS Rates
upon tender of the shipment to UPS. If no
high-value shipment summary is obtained       The applicable UPS Rates are determined
and signed, the maximum actual or             on the basis of package and shipper
declared value for each such package is       characteristics, including package weight
limited to $1000.                             and size and origin to destination distance,
                                              and are subject to change. Except as
Upon Delivery, a package returned using 3     otherwise stated in the Terms, all charges,
UPS Pickup Attempts service will be           fees, or surcharges shall be those set forth
charged the rate calculated from the pickup   in the UPS Rates in effect at the time of
location to the destination via the service   shipping.
selected. An additional charge for each 3
UPS Pickup Attempts service package will      To determine the amount of any Charges
be assessed when 3 UPS Pickup Attempts        for UPS service, consult the UPS Rates in
service is requested.      The applicable     effect at the time of shipping. The effective
charges will be those set forth in the UPS    UPS Rates are available at www.ups.com
Rates in effect at the time the charge is     and upon request at the local UPS office.
applied.
                                              UPS reserves the right in its sole discretion
      34.3                 ®
             UPS Returns on the Web           to use any mode of transportation
                                              whatsoever to provide the service selected
UPS Returns on the Web service allows a       by the shipper. Regardless of the mode of
shipper’s customer to initiate a return       transportation used, the effective UPS


                                                                                        23
Rates for the service selected by the         Retail Rates also apply to packages and
shipper shall apply. If, however, a shipper   shipments processed and paid for at The
selects a UPS service to a destination for    UPS Store® or UPS Customer Centers.
which only a higher level of service is
available, UPS will substitute the next       Shippers who drop off at a location of The
higher level of available service and will    UPS Store or a UPS Customer Center
charge the corresponding rate for the         packages that have already been
substituted service.                          processed prior to drop off will receive the
                                              rates applicable to the transaction.
      35.1 Daily Rates, Standard List
Rates, and Retail Rates                              35.2   Letter Rates

Daily Rates apply to UPS account holders      Letter Rates for domestic shipments are
who have a UPS Scheduled Pickup               available only for UPS Express Envelopes
account established prior to January 3,       containing      correspondence,        urgent
2011, and to UPS account holders with a       documents, or electronic media, with an
customized shipping agreement that            actual weight of eight ounces or less. UPS
provides for Daily Rates.                     Express® Envelopes containing items other
                                              than those listed or weighing more than
Standard List Rates apply to UPS account      eight ounces will be assessed the
holders who have a UPS Scheduled Pickup       corresponding rate for the applicable
account established on or after January 3,    weight.     For international shipments,
2011, and to UPS account holders with a       Express Envelopes may be used only for
customized shipping agreement that            documents of no commercial value (which
provides for Standard List Rates. Standard    may include electronic media in some
List Rates also are available upon request    countries), with an actual weight of eight (8)
to UPS account holders who receive Retail     ounces or less. UPS Express Envelopes
Rates and have average shipping revenue       containing other items, or weighing more
of at least $50 per week for a consecutive    than eight ounces will be assessed the
four-week period, excluding the month of      corresponding Pak Rates.
December.
                                                     35.3   Pak Rates
UPS account holders who receive
Standard List Rates but no longer meet        Pak Rates are available only for UPS
criteria to qualify for Standard List Rates   Worldwide Express Plus®, UPS Worldwide
may be charged Retail Rates without           Express®, and UPS Worldwide Saver®
further notice from UPS. UPS account          single package U.S. export shipments in
holders receiving Retail Rates who believe    UPS Express Envelopes containing
they may qualify for Standard List Rates      correspondence, urgent documents, or
must contact UPS in order to be               electronic media, with an actual weight of
considered for Standard List Rates. Upon      more than eight ounces but less than or
request, UPS will then determine whether      equal to two pounds; or, for packages
the UPS account holder is eligible for        using UPS Express Pak packaging when
Standard List Rates, in UPS’s discretion.     UPS Pak is selected at the time of
Any rate changes will be applied              shipping, and the declared value of the
prospectively only, and no refunds or         package for customs is less than or equal
credits for charges or rates previously       to $100.00. UPS Express Pak shipments
assessed will be issued, regardless of        weighing more than two pounds will be
eligibility prior to shipment.                assessed the corresponding applicable
                                              UPS Rates for the shipment.
Shippers who do not receive Daily Rates or
Standard List Rates will be charged Retail           35.4   Private Express Statutes
Rates.
                                              The shipper shall comply with the
                                              requirements of the Private Express


                                                                                         24
Statutes when using UPS 2nd Day Air               Document or the UPS Automated Shipping
A.M.® and UPS 2nd Day Air® services.              System used.
      35.5 Rates for Large Packages;              37.    Fuel Surcharge
Large Package Surcharge
                                                  UPS reserves the right to institute a fuel
A package is considered a “Large                  surcharge on some or all shipments without
Package”      when     the     package            prior notice. This surcharge is subject to
measurements exceed 130 inches in length          adjustment monthly. This surcharge may
and girth [(2 x width) + (2 x height)]            apply to any domestic or international
combined, and are equal to or less than           transportation or other charges including,
165 inches.                                       but not limited to, any accessorial charge or
                                                  surcharge. The current fuel surcharge is
The rate for a Large Package will be based        described at ups.com.
on the greater of the dimensional weight or
the actual weight, and is subject to a            Regardless of the mode of transportation
minimum billable rate set forth in the UPS        used, the effective fuel surcharge for the
Rates applicable to the shipment in effect        service selected by the shipper shall apply.
at the time of the shipping.                      This surcharge will be applied to such
                                                  services and for such periods as UPS, in its
A Large Package Surcharge (LPS) will be           sole discretion, may determine necessary.
applied to each Large Package. Each
Large Package in a multiple-package               38.    Manual Processing Charges
shipment may receive an LPS. LPS will
not apply to Authorized Return Services           UPS reserves the right to assess a manual
UPS Ground packages.                              processing charge of $0.50 per package or
                                                  $35 per week (whichever is greater) to
36.    Additional Handling Charge                 shippers who ship packages via a UPS
                                                  Shipping System that applies outdated
An Additional Handling charge will be             UPS Rates until such time as the shipper
assessed for any package that requires            upgrades the UPS Shipping System to
special handling, as determined by UPS in         reflect current UPS Rates.
its sole discretion, including, but not limited
to:                                               A manual processing service charge will be
                                                  assessed to each package shipped using a
–Any article that is encased in an outside        UPS 3 Day Select and UPS Ground
shipping container made of metal or wood;         shipping document.
–Any cylindrical-like item, such as a barrel,     39.    Billing Options for Domestic
drum, pail, or tire, that is not fully encased          Shipments
in a corrugated cardboard shipping
container;                                        Unless otherwise agreed to in writing by
                                                  UPS, shipping charges will be billed to the
–Any package with the longest side                shipper.
exceeding 60 inches or its second-longest
side exceeding 30 inches;                         UPS accepts shipments for Collect billing
                                                  and Third-Party billing, provided the
–Any package with an actual weight                consignee or third party has a valid UPS
greater than 70 pounds; and                       account number and has agreed to accept
–Each package in a UPS Hundredweight,             the charges. Regardless of the billing
UPS Ground with Freight Pricing, UPS              option selected, some charges including,
Standard, or international shipment where         but not limited to, address correction
the average weight per package is greater         charges, will be billed to the shipper.
than 70 pounds and the weight for each
package is not specified on the Source


                                                                                            25
40.    Billing Options for International        42.    Currency Conversion Rate
      Shipments
                                                Charges to a payer’s account in a foreign
The amount billed includes, but is not          currency will be converted to the payer’s
limited to, shipping charges, duties, fees,     currency using a weekly exchange rate
and taxes, if applicable. Unless otherwise      secured through Major Money Center
restricted in the origin or destination         Banks, plus an exchange fee, set forth in
country, shippers tendering packages via a      the UPS Rates applicable to the shipment
UPS Shipping System may select the              in effect at the time of shipping.
payer of shipping charges, duties, and
taxes as Shipper, Receiver, or Third Party.     43.    Missing/Invalid Account Number
UPS accepts shipments for Receiver or                 or Refusal Fee
Third Party billing provided the Receiver or
Third Party has a valid UPS account             A processing fee will be charged for a
number and has agreed to accept the             missing or invalid account number when
charges. In the event of non-payment by         the account number, including the shipper’s
the Receiver or Third Party, the shipper is     account number, is missing, the account
liable for all charges including, but not       number is not the correct account number
limited to, duties, fees, and taxes.            for the bill-to party, the account number is
                                                for a receiver or third party who fails to pay
An additional Duty and Tax Forwarding           the shipping charges, or the package is
Surcharge will apply if the shipper selects a   shipped to an unauthorized consignee. In
billing option in which duties and taxes are    the event of non-payment by the receiver
to be paid outside of the destination           or third party, the shipper will be billed a
country.                                        refusal fee plus the shipping charges.
UPS reserves the right in its sole discretion   44.    Shipping Charge Corrections;
to request advance payment of shipping                Audit
charges for any package sent to or from
any international destination or origin.        UPS reserves the right to bill for Charges
                                                based upon the characteristics of, and
For all shipments where the shipper is not      services requested for, packages actually
paying the shipping charges, the shipper        tendered to UPS. UPS also reserves the
must notify the bill payer prior to shipping,   right to audit invoices to verify service
and agree to pay all charges in the event of    selection, package or shipment weight, and
non-payment by the bill-to party. The           applicability of any Charges, and to make
shipper is liable for payment in the event of   appropriate adjustments.
non-payment by the consignee (or
receiver) or third party. All shipments must    45.    Payment of Charges
have a valid UPS billing option indicated on
the UPS Waybill. Regardless of the billing      Except where an alternative payment plan
option selected, some charges including,        applies, UPS’s payment terms require
but not limited to, address correction          payment in full in advance.
charges, will be billed to the shipper.
                                                UPS may provide in its sole discretion
41.    Disbursement Fee                         alternative payment terms to certain of its
                                                shippers. UPS, in its sole discretion, shall
To expedite customs clearance, UPS may          decide which, if any, of the alternative
make or process payments of duties and          payment plans described below (see
taxes on behalf of the payer as dictated by     “Alternative Payment Plans”) will be made
the billing option selected. An additional      available to the shipper.
fee, set forth in the UPS Rates applicable
to the shipment in effect at the time of        A shipper that is not enrolled in any of the
shipping, will be assessed and billed to the    Alternative Payment Plans described below
payer.


                                                                                           26
shall pay all Charges in advance of              shipper’s payment card account or to
shipment, as required by UPS.                    collect the fee directly from the shipper, at
                                                 UPS’s sole option.
Notwithstanding any billing plan that is in
effect or payment or billing option selected     If, for any reason, a negotiable instrument
at the time of shipment, the shipper is          submitted to UPS as payment for Charges
ultimately liable for and agrees to pay all      is returned to UPS unpaid, or an electronic
Charges, including in the event of               request for payment is dishonored, UPS
insolvency, bankruptcy, non-payment, or          may charge the shipper a dishonored
refusal to pay by the receiver or third party.   payment fee of twenty dollars ($20) per
                                                 incident, in addition to any late payment
All Charges must be paid in the lawful           fees assessed by UPS and any collection
money of the United States of America.           costs which may be incurred by UPS in the
                                                 final collection of Charges owed by the
If a shipper submits package information to      shipper.
UPS through a UPS Shipping System and
does not subsequently tender such                       45.1   Invoice Adjustment
package to UPS, it is the shipper’s sole
responsibility to request an adjustment, as      Shippers requesting an invoice adjustment
set forth below (see Section 45.1, “Invoice      (e.g., adjustment of Charges based on an
Adjustment”). Shippers who fail to do so         incorrect rate, billable weight, account
will be liable for all applicable Charges.       number, failure to tender a package, or
                                                 type of service, etc.) or a refund due to a
As an accommodation to the shipper, and          duplicate payment must notify UPS of the
in UPS’s sole discretion, UPS may render         request within 180 days of receiving the
invoices or copies of invoices to a third        contested invoice, or any billing dispute is
party at the request of the shipper. The         waived. The notification to UPS must
shipper remains responsible for the timely       include the date of shipment and tracking
payment in full of all Charges owed by the       number for each disputed charge. A partial
shipper. By requesting UPS to render             payment against an invoice is not
invoices or copies of invoices to a third        considered a request for an invoice
party, the shipper is deemed to authorize        adjustment.
the third party to act on behalf of the
shipper, and UPS may rely thereon in all                45.2   Alternative Payment Plans
respects.
                                                 Where UPS elects to make an alternative
UPS also may in its sole discretion elect to     payment plan available to the shipper, UPS
render an invoice that includes amounts          may render an invoice to the shipper on a
owed for services provided by UPS                weekly (i.e., seven days) or a monthly (i.e.,
affiliates.                                      four or five calendar weeks) basis. A
If Charges are paid by payment card, the         weekly invoice will include the Charges
shipper expressly authorizes UPS to              incurred     in   the    previous     week.
assess any Charges and to obtain payment         Notwithstanding that UPS has elected to
of the Charges by use of the payment card.       render an invoice to the shipper on a
If, for any reason, any such payment card        weekly basis, an invoice may be issued
transaction is rejected or declined, the         only when the shipper has incurred
shipper will pay to UPS a declined               aggregate Charges in excess of ten dollars
transaction fee of ten dollars ($10) per         ($10), or when five (5) calendar weeks
incident, in addition to any late payment        have elapsed from the date of issuance of
fees assessed by UPS and any collection          the last invoice, whichever event occurs
costs which may be incurred by UPS in the        first. A monthly invoice will include the
final collection of Charges owed by the          Charges incurred for the four- or five-week
shipper. The shipper authorizes UPS to           period for which the invoice is issued. In its
charge the declined transaction fee to the       sole discretion, UPS may offer one or more



                                                                                            27
of the following alternative payment plans       below in addition to any collection costs
for the payment of Charges:                      which may be incurred by UPS in the final
                                                 collection of Charges owed by the shipper.
–Electronic Funds Transfer Plan (Debit
EFT)                                             –Weekly Prepayment Plan
By written agreement with UPS, the               By written agreement with UPS, the
shipper will provide UPS with the shipper’s      shipper will make a prepayment with UPS
bank account number and bank routing             in an amount equal to four weeks’
number to enable UPS to electronically           anticipated Charges as estimated by UPS.
request payment, for all Charges incurred        Upon notice to the shipper, the required
by the shipper, directly from the shipper’s      prepayment amount may be changed by
bank, on a weekly or monthly basis. The          UPS at any time to reflect a revised
shipper’s bank will remit the amount             estimate of four weeks’ Charges. All
requested to UPS and deduct that amount          prepayment amounts will remain on
from the shipper’s bank account.                 account with UPS. No interest will be paid
Payments to UPS will be shown on the             or accrued on the prepayment amounts.
shipper’s bank statements. The shipper is
responsible for payment of any fees              Shipper will receive invoices on a weekly
imposed by the shipper’s bank.                   basis, except as described above. Each
Additionally, the shipper will receive a         invoice will list the previous period’s
weekly or monthly invoice, as applicable,        Charges incurred.         Payment for all
except as described above, from UPS              accumulated Charges will be due within
listing the services provided for the            seven (7) days following the shipper’s
applicable billing period. If, for any reason,   receipt of every fourth invoice; however, if
an electronic request for payment is             prior to receiving the fourth invoice the
dishonored, the shipper is responsible for       shipper’s accumulated Charges should
making a timely payment directly to UPS.         equal or exceed the prepayment amounts
Past due balances will be subject to any         on account with UPS, then the
collection costs which may be incurred by        accumulated Charges will be due within
UPS in the final collection of Charges owed      seven (7) days following the shipper’s
by the shipper. No late payment fee shall        receipt of the invoice requiring such
be assessed with respect to the Electronic       payment. Past due balances will be
Funds Transfer Plan.                             subject to a late payment fee as described
                                                 below, in addition to any collection costs
–Monthly Prepayment Plan                         which may be incurred by UPS in the final
                                                 collection of Charges owed by the shipper.
By written agreement with UPS, the
shipper will make a prepayment with UPS          –Special Payment Plan
in an amount equal to four weeks’
anticipated Charges as estimated by UPS.         By written agreement with UPS, the
Upon notice to the shipper, the required         shipper may prepay an amount equal to the
prepayment amount may be changed by              anticipated Charges for a period of
UPS at any time to reflect a revised             between ten to twenty-six weeks, as
estimate of four weeks’ Charges. All             estimated by UPS. The Charges actually
prepayment amounts will remain on                incurred by the shipper will be deducted by
account with UPS. No interest will be paid       UPS on a weekly basis from the
or accrued on the prepayment amounts.            prepayment amounts on account with UPS.
                                                 Weekly invoices marked as paid will be
The Charges incurred for the applicable          forwarded to the shipper reflecting the
month will be totaled and billed to the          balance of the prepayment amount on
shipper on a monthly basis. Payment is           account with UPS. When the prepayment
due within seven (7) days after receipt of       amount on account with UPS reaches the
the UPS invoice. Past due balances will be       minimum balance specified in the written
subject to a late payment fee as described       agreement, the shipper is required to make


                                                                                          28
another prepayment for an additional             below in addition to any collection costs
period pursuant to the same agreement, or,       which may be incurred by UPS in the final
if the shipper does not do so, the shipper       collection of Charges owed by the shipper.
must make another payment arrangement
with UPS. All prepayment amounts will            –Weekly Payment Plan
remain on account with UPS. No interest          Each week the shipper will receive an
will be paid or accrued on the prepayment        invoice for the previous week’s Charges
amounts. If the Charges incurred by the          except as described above. The invoice is
shipper exceed the remaining balance of          due within seven (7) days of receipt. No
the prepayment amounts on account with           prepayment is required under this plan.
UPS, the excess Charges will be due within
seven (7) days following the shipper’s           Past due balances will be subject to a late
receipt of the invoice requiring such            payment fee as described below in addition
payment. Past due balances will be               to any collection costs which may be
subject to a late payment fee as described       incurred by UPS in the final collection of
below in addition to any collection costs        Charges owed by the shipper.
which may be incurred by UPS in the final
collection of Charges owed by the shipper.       –Credit Card Payment Plan
This payment plan alternative is available
only to existing customers already               The shipper may elect to pay the previous
approved for a Special Payment Plan.             week’s Charges by credit card. The
                                                 shipper will receive billing detail itemized
–Credit Extension Plan                           on its card statement or a weekly invoice,
                                                 except as described above, from UPS
By written agreement with UPS, the               listing the previous period’s Charges
shipper may elect to pay an annual credit        incurred. The shipper will provide UPS
extension fee and thereafter receive             with the shipper’s credit information to
invoices for Charges incurred by the             enable UPS to process Charges incurred
shipper on a monthly basis with no               by the shipper on a weekly basis.
prepayment requirement. The invoices will
be payable within seven (7) days following       Shipper acknowledges and agrees that
receipt by the shipper.           The credit     there may be a delay of two or more days
extension fee is based upon the shipper’s        between the date that payments are
total annual Charges, as estimated by            received by UPS and the date that the
UPS, and is subject to change annually by        payments are posted and credited to the
UPS in its sole discretion. To be eligible for   shipper’s account with UPS. If a UPS
the Credit Extension Plan, the shipper must      remittance advice is attached to the
use UPS’s transportation services and the        shipper’s payment, the payment will be
Credit Extension Plan solely for business,       credited accordingly. If no remittance
commercial, or agricultural purposes. A          advice is attached to the shipper’s
shipper is not eligible for the Credit           payment, the payment will be credited to
Extension Plan if the shipper uses UPS’s         the shipper’s account.
transportation services and the Credit
Extension Plan for any personal, family, or             45.3   Late Payment Fee
household purposes. By using the Credit
Extension Plan (if made available to the         For the Monthly Prepayment Plan, the
shipper), the shipper represents, warrants,      Weekly Prepayment Plan, the Special
certifies, and agrees that it will use UPS’s     Payment Plan, the Credit Extension Plan,
transportation services and the Credit           and the Weekly Payment Plan, a late
Extension Plan solely for business,              payment fee will be assessed if the
commercial or agricultural purposes and          shipper’s payment is not received by UPS
not for any personal, family, or household       within fourteen (14) days of the invoice due
purposes. Past due balances will be              date. Except as otherwise stated below,
subject to a late payment fee as described       the late payment fee will equal six percent



                                                                                          29
(6%) of the total past due balance of the        exercising any of its rights or remedies
shipper’s invoice (including without             hereunder or under applicable law.
limitation any previously assessed but
unpaid late payment fees) that is fourteen       46.   UPS Service Guarantee
(14) days past due.
                                                 UPS guarantees on-schedule delivery of
In determining the late payment fee for the      packages shipped via the following
Monthly Prepayment Plan and the Weekly           services, where available, to all 50 states
Prepayment Plan, UPS will apply the              and Puerto Rico:
prepayment amounts on account with UPS           –UPS Air Services
to reduce the calculated base amount on
which the late payment fee is assessed,          –UPS Hundredweight Service® Air
provided, that UPS will so apply the             Services
prepayment amounts to the oldest                 –UPS 3 Day Select®
outstanding invoice first, and to each
subsequent invoice thereafter, until the         –UPS Hundredweight Service® UPS 3 Day
prepayment amounts have been fully so            Select®
applied. If an invoice 14 days past due is       –UPS Ground
fully so covered by the prepayment
amount, no late payment fee will apply. If       –UPS Ground with Freight Pricing
an invoice 14 days past due is partially so
covered by the prepayment amount, the            –UPS Hundredweight Service® Ground
late payment fee will apply to the portion       UPS guarantees on-schedule delivery of
not so covered by the prepayment amount.         packages shipped via the following
For the Special Payment Plan, a late             services, where available, and provided
payment fee will not be assessed if there        that customs clearance is performed by
has been a positive balance in the               UPS Supply Chain Solutions brokerage
shipper’s prepayment account with UPS at         offices designated by UPS for clearing
any time during the 27-day period                these packages:
immediately preceding the transmittal of         –UPS Worldwide Express Plus®
the current invoice to the shipper. The late
payment fee for the Special Payment Plan         –UPS Worldwide Express NA1®
will be assessed on the “charges this            –UPS Worldwide Express®
period” of the shipper’s invoice (including
without limitation any previously assessed       –UPS Worldwide Saver®
but unpaid late payment fees) that is            –UPS Worldwide Expedited®
fourteen (14) days past due.
                                                 –UPS 3 Day Select® from Canada
A late payment fee will be assessed only         –UPS Standard
once on each invoice that is fourteen (14)
days past due. Each late payment fee will        In the event UPS fails to attempt delivery
be due and payable within seven (7) days         within the time published on the UPS
following the shipper’s receipt of the invoice   website, or as provided when 1-800-PICK-
that first reflects the assessment of the late   UPS® is called, UPS, at its option, will
payment fee. The late payment fee is in          either credit or refund the transportation
addition to any collection costs that may be     charges for each such package to the
incurred by UPS in the final collection of       payer only, upon request, provided the
Charges owed by the shipper. Neither the         conditions set forth in the UPS Service
assessment nor the payment of a late             Guarantee are met.          Transportation
payment fee will (a) affect the shipper’s        charges do not include other fees or
responsibility to pay all Charges owed, or       charges that may be assessed by UPS
(b) in any manner preclude UPS from              including, but not limited to, fuel
                                                 surcharges. This is the sole remedy


                                                                                         30
available under      the   UPS     Service    locations may require earlier pickup times
Guarantee.                                    (available at the UPS website).
UPS shall not be liable for any damages       –UPS is notified in writing (including by
whatsoever for delayed delivery, except as    email) or by telephone of a service failure
specifically provided for shipments made      within fifteen (15) calendar days from the
under the UPS Service Guarantee. Under        date of scheduled delivery and is advised
no circumstances shall UPS be liable for      of the consignee’s name and address, date
any special, incidental, or consequential     of shipment, package weight, and UPS
damages including, but not limited to,        tracking number.
damages arising from delayed delivery or
failure to attempt on-schedule delivery.      –For     UPS     Worldwide      Expedited®
                                              shipments, the guarantee shall apply only
      46.1   Conditions                       to shipments with a U.S. origin or
                                              destination and when the billed party is
The UPS Service Guarantee is subject to       resident in the United States and is
the following conditions:                     responsible for all shipping charges.
–UPS’s guaranteed delivery schedule has       UPS reserves the right to refuse any
been obtained by referencing UPS’s            request for a credit or refund when such
website or contacting a UPS Customer          request is either (a) made by, or (b) based
Service office. “On-time” or “on-schedule”    on information obtained by, a party other
means, subject to the terms of this UPS       than the payer of the shipping charges.
Service Guarantee, delivery is attempted
within the UPS guaranteed delivery                  46.2   Exclusions
schedule.
                                              The UPS Service Guarantee does not
–Each package is properly recorded in a       apply to:
UPS Shipping System.
                                              –UPS 2nd Day Air A.M.® packages for
–Each package in a shipment bears the         Residential deliveries.
appropriate UPS tracking label and an
address label, or a combined label            –Packages tendered pursuant to Drop
generated by a UPS Automated Shipping         Shipments, special operating plans, or
System, showing the consignee’s correct       customized handling or processing
name, deliverable address (UPS does not       arrangements.
provide delivery to a P.O. Box), and ZIP      –Packages shipped using a UPS
Code (or postal code for international        Automated Shipping System that is not
shipments). In addition, UPS reserves the     located at the pickup address assigned to
right, in its sole discretion, to refuse to   the UPS account number used to ship the
honor a request for a credit or refund of     package.
transportation charges for a package when
that package is not accompanied by a UPS      –UPS Ground Returns Service packages.
Smart Label and timely PLD, at the time
the package is tendered to UPS.               –Packages subject to a Large Package
                                              Surcharge or Additional Handling Fee,
–Each package in a shipment bears a UPS       packages that exceed maximum size or
Saturday Delivery routing label when          weight limits, or to shipments containing
optional Saturday service is requested and    any package subject to a Large Package
available.                                    Surcharge, Additional Handling Fee, or that
                                              exceed maximum size or weight limits.
–Each package is tendered to UPS during
UPS’s published business hours. Packages      –Shipments made using a Call Tag.
received from or destined to certain




                                                                                      31
–Packages subject to a Delivery Intercept        extinguished unless the shipper or claimant
or Delivery Change Request.                      (1) timely and completely complies with all
                                                 applicable notice and claims periods set
–Packages that are delayed due to causes         forth in the Terms and in the Service
beyond UPS’s control including, but not          Guide, including as to claims for loss or
limited to: the unavailability or refusal of a   damage to property, claims under UPS’s
person to accept delivery of the shipment,       Service Guarantee, or claims for invoice
acts of God, natural disasters, war risks,       adjustments; and (2) pleads on the face of
acts of terrorism, acts of public authorities    any complaint filed against UPS
acting with actual or apparent authority,        satisfaction and compliance with those
acts or omissions of customs or similar          notice and claims periods as a contractual
authorities, authority of law, insufficient      condition precedent to recovery.
information provided by a customer,
Hazardous Materials packages improperly          Claimants may not deduct the amounts of
offered for transport, the application of        pending claims from any charges owed to
security regulations imposed by the              UPS, and the shipper waives any and all
government, or otherwise applicable to the       rights, including any statutory or common
shipment, riots, strikes or other labor          law rights, to set off the amount of any
disputes, civil unrest, disruptions in air or    claim against charges owed to UPS.
ground transportation networks, disruption
or failure of communication and information           47.1 Filing of Claims for Loss
systems, and adverse weather conditions          or Damage to Property
–International shipments for which the           All claims for loss of or damage to property
shipper has selected the Receiver or Third       transported or accepted for transportation
Party as the payer of any applicable duties      must: (1) be in writing (or an electronic
and taxes and delivery is delayed until          communication)        and    must    include
payment arrangements are made.                   reference to the Source Document or
                                                 pickup record number and date of shipment
–UPS Import Control shipments for which          or copies of other documents sufficient to
the shipper has selected commercial              identify the shipment involved, and the
invoice removal.                                 declared value; (2) assert the liability of
–UPS Ground shipments or UPS Standard            UPS for alleged loss or damage; (3) make
shipments that are picked up or scheduled        claim for payment of a specified or
to be delivered during the fourteen              determinable amount of money; and (4) be
calendar days before December 25.                accompanied by a copy of the original
                                                 invoice or, if no invoice was issued, other
47.    Claims and Legal Actions                  proof, certified to in writing, as to the
                                                 purchase price paid by the consignee
Claims against UPS must be filed within          (where the property involved has been sold
strict time limits, including as set forth in    to the consignee), actual cost or
Section 45 (“Payment of Charges”)                replacement cost of the property, or extent
regarding invoice adjustments or billing         of the damage to the property.
disputes; Section 47.3 (“Time Limit For
Filing Claims For Loss Or Damage To              A request for proof of delivery does not
Property”) regarding claims for loss or          constitute the filing of a claim.
damage to property; and pursuant to the          No claims will be voluntarily paid unless
UPS Service Guarantee.                           filed in writing or transmitted electronically
All claims against UPS arising from or           by or on behalf of the shipper in
related to the provision of services by UPS,     accordance with these provisions.
including, but not limited to, demands for
damages, refunds, credits, and any legal or
equitable relief whatsoever, shall be


                                                                                            32
      47.2 Acknowledgement of                    -Suits shall be instituted within two years
Claims for Loss or Damage to Property            after denial of any portion of the claim.
                                                 Where claims are not filed or suits are not
After receiving a proper written or              instituted thereon in accordance with the
electronic transmission of a claim in the        foregoing provisions, such claims shall be
manner and form and with the supporting          deemed waived and will not be paid.
documents described in Section 47.1
(“Filing of Claims for Loss or Damage to               47.4 Investigation of Claims for
Property”) and Section 47.4 (“Investigation      Loss or Damage to Property
of Claims for Loss or Damage to Property”)
herein, UPS or its designee will                 –Prompt Investigation. Each claim for
acknowledge the receipt of such claim in         loss or damage to a package or shipment
writing or electronically to the claimant        filed in the manner prescribed herein will be
within 30 days after the date of receipt,        promptly and thoroughly investigated, if
unless such claim has already been paid or       investigation has not already been made
denied in writing or electronically. UPS will    prior to receipt of the claim.
at the time each claim is received create a
separate file and assign thereto a               –Supporting Documents. Each claim
successive claim file number and note that       must be supported by the following: (1)
number on all documents filed in support of      evidence of payment of the shipping and
the claim and all records and                    any declared value charges; and (2) either
correspondence with respect to the claim,        the original invoice or, a photocopy, exact
including the written acknowledgment of          copy, or extract of, the original invoice, a
receipt and, if in its possession, the Source    certification of prices or costs, with trade or
Document and delivery receipts, if any,          other discounts, allowance, or deductions
covering the shipment involved. At the           of any nature whatsoever and the terms
time such claim is received, UPS will cause      thereof, or depreciation reflected thereon.
the date of receipt to be recorded on the        Where the property involved in a claim has
face of the claim document, and the date of      not been invoiced to the consignee shown
receipt will also appear on the                  on the bill of lading or receipt, where an
acknowledgment of receipt sent to the            invoice does not show price or cost, where
claimant.                                        the property involved has not been sold, or
                                                 where the property has been transferred at
      47.3 Time Limit for Filing                 bookkeeping values only, UPS will, before
                                                 paying a claim, require the claimant to
Claims for Loss or Damage to Property            establish the value in the quantity shipped,
As a condition precedent to recovery, all        transported, or involved. UPS reserves the
claims for loss or damage to property must       right to request the original shipping record
be filed in writing or electronically with UPS   or Source Document.
within the following time limits:                For an asserted claim of $1000 or more for
–For domestic shipments, claims must be          a package shipped as a result of a request
filed within nine months after delivery of the   for service made through the internet, the
package or, in case of failure to make           shipper must provide a copy of the signed
delivery, within nine months after a             receipt obtained from UPS at the time of
reasonable time for delivery has elapsed.        tender to support the claim.

–For international shipments, claims must        For an asserted claim of $1000 or more for
be filed within sixty days after delivery of     an international UPS Returns or a UPS
the package or, in the case of non-delivery,     Import Control package, the signed UPS
within sixty days after a reasonable time for    high-value shipment summary applicable to
delivery has elapsed.                            the shipment must be submitted in support
                                                 of the claim.




                                                                                             33
By filing a claim and supporting documents         retain a copy of such notice to the claimant
to UPS, the claimant certifies that the            in its claim file.
claim, amount of claim, and supporting
documents are true and correct.                    No claim for loss or damage shall be paid
                                                   unless a valid claim has been filed in
–Original Packaging Materials. In the              accordance with terms set forth herein (in
event that a claim is made for damage to a         Section 47.1, “Filing of Claims for Loss or
package, the original packaging materials          Damage to Property,” Section 47.3, “Time
must be made available to UPS or its               Limit for Filing Claims for Loss or Damage
designee for inspection.                           to     Property”     and    Section    47.4,
                                                   “Investigation of Claims for Loss or
–Verification of Loss. When an asserted            Damage to Property”). UPS reserves the
claim for loss of an entire package or an          right to refuse to pay any claim for loss or
entire shipment cannot be otherwise                damage to property until all outstanding
authenticated upon investigation, UPS will         charges owing to UPS have been paid in
obtain from the consignee of the shipment          full.
involved a certified statement in writing that
the property for which the claim is filed has      48.    Responsibility for Loss or
not been received from UPS or from any                   Damage
other source. UPS reserves the right to
require verification by the filing of a police     UPS’s liability for loss or damage to each
report and providing a copy of the filed           UPS domestic package or international
report to UPS in support of the claim.             shipment is limited to a value of $100,
                                                   except as set forth below. Unless a greater
       47.5    Salvage                             value is recorded in the declared value field
                                                   of the UPS Source Document or the UPS
When UPS pays the actual cost, the                 Automated Shipping System used, the
purchase price, or the replacement cost of         shipper agrees that the released value of
the property, all rights, title to, and interest   each domestic package or international
in the property shall thereupon pass to            shipment is no greater than $100, which is
UPS, and UPS reserves the right to obtain          a     reasonable      value    under      the
the property for salvage. Payment of a             circumstances          surrounding        the
claim in such circumstances shall be               transportation, and that UPS shall not be
contingent on UPS’s receipt of the                 liable for more than $100 for each domestic
damaged property in the same condition as          package or international shipment.
on the date the damage was incurred.
                                                   To increase UPS’s limit of liability for loss
      47.6 Disposition of Claims for               or damage above $100, the shipper must
Loss or Damage to Property                         declare a value in excess of $100 for each
                                                   package in the declared value field of the
UPS or its designee, after receiving a             UPS Source Document or the UPS
written claim for property transported, will       Automated Shipping System used and pay
pay, decline, or make a firm compromise            an additional charge. The shipper cannot
settlement offer in writing to the claimant        declare a value in excess of the maximum
within 120 days after UPS receives the             allowable limits set forth below. UPS shall
claim; provided, however, that if the claim        not be liable under any circumstances for
cannot be processed and disposed of                an amount in excess of the declared value
within 120 days after receipt, UPS or its          of a domestic package or international
designee will at that time and at the              shipment. When a shipper declares a
expiration of each succeeding 60-day               value in excess of $100, it does not receive
period while the claim remains pending,            any form of insurance. Shippers desiring
advise the claimant in writing of the status       cargo insurance, all risk insurance, or
of the claim and the reason for the delay in       another form of insurance should purchase
making final disposition thereof and shall         such insurance from a third party.


                                                                                             34
The rules relating to liability established by    Attempt, or 3 UPS Pickup Attempt Return
the Convention for the Unification of             Services, (including via UPS Returns on
Certain Rules Relating to International           the Web) unless a UPS high-value
Carriage by Air signed at Warsaw, Poland,         shipment summary is obtained by the
on October 12, 1929, that convention as           shipper or person tendering the package
amended, or the Convention for the                and signed by the driver upon tender of the
Unification    of    Certain      Rules     for   shipment;
International Carriage by Air (Montreal, 28
May 1999), shall apply to the international       –$1000 per package for international UPS
carriage of any shipment insofar as the           Import Control shipments unless a UPS
same is governed thereby. There are no            high-value shipment summary is obtained
stopping places which are agreed upon at          by the shipper or person tendering the
the time of tender of the shipment, and           package and signed by the driver upon
UPS reserves the right to route the               tender of the shipment;
shipment in any way UPS deems                     –$1000 per package for packages shipped
appropriate.                                      by a Third-Party Retailer if no high-value
      48.1     Maximum Declared                   control log was provided to UPS on tender
                                                  of the package;
Values
                                                  –$999 per package for packages shipped
The maximum declared value per package            via Shipper Release service.
is $50,000, except for the following
packages for which the maximum declared           Shippers cannot declare a value for UPS
value may not exceed:                             Prepaid Letters.
–$5,000 per package for a package                 Declaring a value in the declared value
shipped as a result of a request for service      field of the UPS Source Document or UPS
made through the internet;                        Automated Shipping System used does not
                                                  increase UPS’s limitations of liability for,
–$500 per package for a package shipped           and shippers may not declare a value for,
via a UPS Drop Box;                               damages related to providing or failure to
–$1000 per package for a package shipped          provide C.O.D. service, including, but not
via a Third-Party Retailer if such package        limited to: failure to collect the C.O.D.
was previously manifested using a Source          amount; failure to collect the specified form
Document, UPS Automated Shipping                  of payment; collection of an instrument in
System, or UPS Internet Shipping, prior to        the wrong amount; failure or delay in
drop off at the Third-Party Retailer;             delivering the collected instrument to the
                                                  shipper; or collection of forged, insufficient
–$500 per package for international               funds, or otherwise invalid instruments.
shipments containing jewelry (not including
costume jewelry);                                 Any declared value in excess of the
                                                  maximums allowed in the applicable Terms
–$1000 per package for domestic                   or Service Guide is null and void.
packages returned via UPS Print Return            Acceptance for carriage of any package or
Label, UPS Print and Mail Return Label,           shipment bearing a declared value in
Electronic Return Label, or 1 UPS Pickup          excess of the allowed maximums does not
Attempt Return Services, (including via           constitute a waiver of any provisions of the
UPS Returns® on the Web), and UPS                 Terms or Service Guide limiting UPS’s
Returns® Flexible Access;                         liability or responsibility for any such
                                                  package or shipment.
–$1000 per package for international
shipments returned via UPS Print Return
Label, UPS Print and Mail Return Label,
Electronic Return Label, 1 UPS Pickup


                                                                                             35
       48.2    Liability Limits                    exceed $100 per package. In no event
                                                   shall UPS be liable for the face value of
Whenever property is damaged or lost by            any phone card, ticket, gift certificate, gift
UPS in the course of transportation, UPS’s         card, coupon, or similar printed matter.
maximum liability per domestic package or
international shipment shall not exceed the        –Media. UPS’s liability for loss or damage
lesser of:                                         to a package containing documents, film,
                                                   photographs (including negatives), slides,
–$100, when no value in excess of $100 is          transparencies, videotapes, compact discs,
declared on the Source Document or UPS             laser discs, computer tapes, and media of
Automated Shipping System used (or when            similar nature is limited to the replacement
a value in excess of $100 is declared, but         cost of the media on which the content is
the applicable declared value charges are          recorded.
not paid);
                                                   –Pairs, Parts. In the event of loss of or
–the declared value on the Source                  damage to a pair or set of articles, UPS’s
Document or UPS Automated Shipping                 liability is limited to the value of that part of
System used when a value in excess of              the pair or set which is lost or damaged,
$100 is declared and the applicable                and UPS shall not be liable for the value of
declared value charges paid;                       the whole pair or set. In the event of loss
                                                   of or damage to any part of property
–the purchase price paid by the consignee          (including any part of a machine) which,
(where the shipped property has been sold          when complete for sale or use, consists of
to the consignee);                                 several parts, UPS shall be liable only for
–the actual cost of the damaged or lost            the value of the part lost or damaged, not
property;                                          to exceed the declared value of the part
                                                   lost or damaged. In no event shall UPS be
–the replacement cost of the property at           liable for the value of the complete item.
the time and place of loss or damage; or
                                                          48.3    Exclusions from Liability
–the cost of repairing the damaged
property.                                          UPS shall not be liable or responsible for:

UPS’s liability for packages containing the        –loss or damage to articles of unusual
following commodities shall be limited as          value (as defined in these Terms);
follows:                                           –loss or damage to Prepaid Letters;
–Checks. UPS’s liability for a package             –loss or damage to any package resulting
containing a check or checks is limited to         from insects, moths, vermin, inherent vice,
the cost of stopping payment on and                deterioration, dampness of atmosphere,
reissuing the check(s), not to exceed $100         extreme of temperature, ordinary wear and
per package. In no event shall UPS be              tear, or that which occurred or arose prior
liable for the face value of the check(s).         to or after the course of transportation by
–Phone Cards, Tickets, Gift Cards, and             UPS;
similar. UPS’s liability for a package             –loss or damage to any package resulting
containing a phone card, ticket (such as           from improper, inadequate or unsafe
event or airline ticket), gift certificate, gift   packaging or wrapping that fails to meet
card, coupon, or other similar printed             UPS’s published standards related thereto
matter with an exchange value is limited to        set forth in the Terms or at ups.com;
the cost (which shall not include any
amount of the value attached to the card,          –loss     or   damage     to    Perishable
certificate, or coupon, or similar printed         Commodities to the extent the loss or
matter) of replacing the physical card(s),         damage results from exposure to heat or
certificate(s), or printed matter, not to          cold or the perishable nature of the item;


                                                                                                 36
–loss or damage to human remains, fetal          authority of law, insufficient information
remains, human body parts, or components         provided by a customer, Hazardous
thereof;                                         Materials packages improperly offered for
                                                 transport, the application of security
–loss or damage to fluorescent tubes or          regulations imposed by the government or
bulbs;                                           otherwise applicable to the shipment, riots,
                                                 a government agency hold, strikes or other
–loss or damage due to acts of God,              labor disputes, civil unrest, disruptions of
natural disasters, war risks, acts of            any kind in air or ground transportation
terrorism, nuclear damage, acts of public        networks, disruption or failure of
authorities acting with actual or apparent       communication and information systems,
authority, acts or omissions of customs or       and adverse weather conditions.
similar authorities, authority of law, the
application of security regulations imposed      UNDER NO CIRCUMSTANCES SHALL
by the government or otherwise applicable        UPS BE LIABLE FOR ANY SPECIAL,
to the shipment, riots, strikes or other labor   INCIDENTAL, OR CONSEQUENTIAL
disputes, civil unrest, disruptions in air or    DAMAGES INCLUDING, BUT NOT
ground transportation networks, disruption       LIMITED TO, DAMAGES ARISING FROM
or failure of communication and information      LOSS, MISDELIVERY OF, OR DAMAGE
systems, or adverse weather conditions;          TO PROPERTY, DELAYED DELIVERY,
                                                 OR FAILURE TO ATTEMPT DELIVERY IN
–loss or damage to any package for which         ACCORDANCE WITH THE UPS SERVICE
UPS has no record reflecting that the            GUARANTEE, WHETHER OR NOT UPS
package was tendered to UPS by the               HAD KNOWLEDGE SUCH DAMAGES
shipper; or                                      MIGHT BE INCURRED. UNDER NO
–loss or damage to any package containing        CIRCUMSTANCES SHALL UPS BE
articles that shippers are prohibited from       LIABLE    FOR    ANY    DAMAGES
shipping, that UPS does not or is not            WHATSOEVER       FOR     DELAYED
authorized to accept for transportation, that    DELIVERY, EXCEPT AS SPECIFICALLY
UPS states that it will not accept, or that      PROVIDED FOR SHIPMENTS MADE
UPS has a right to refuse.                       UNDER      THE    UPS    SERVICE
                                                 GUARANTEE.
UPS shall not be liable for any loss or
damage arising from providing service to,        Acceptance for carriage of any package or
or on behalf of, a person or entity that         shipment containing articles that shippers
obtains such services, including the             are prohibited from shipping, that UPS
delivery of property, by trick, false            does not or is not authorized to accept for
pretense, or other fraudulent scheme.            transportation, that UPS states it will not
                                                 accept, or that UPS has a right to refuse,
UPS shall not be liable for any damages          does not constitute a waiver of any
arising from UPS’s inability, failure, or        provisions of the Terms or Service Guide
refusal to comply with a request to stop,        limiting UPS’s liability or responsibility for
return, or re-route shipment of a package        any such package or shipment.
after tender to UPS.
                                                 49.    Shipper Indemnification
UPS shall not be liable for any interruption
of service due to causes beyond UPS’s            The shipper agrees to indemnify, defend,
control including, but not limited to: the       and hold harmless UPS, its parent
unavailability or refusal of a person to         corporation, and affiliated companies, their
accept delivery of the shipment, acts of         officers, directors, employees, agents, and
God, natural disasters, war risks, acts of       their successors and assigns, from all
terrorism, acts of public authorities acting     claims, demands, expenses, liabilities,
with actual or apparent authority, acts or       causes of action, enforcement procedures,
omissions of customs or similar authorities,     and suits of any kind or nature brought by a



                                                                                            37
governmental agency, or any other person       UPS Terms and Conditions of Service, and
or entity, arising from or relating to the     UPS Tariff/Terms and Conditions of
shipper’s        noncompliance          with   Service. The Terms and the UPS Source
governmental      laws    or   regulations     Document for each shipment together
applicable to the package or UPS               comprise the complete and exclusive
requirements applicable to the package,        agreement of the parties, except as
from shipper’s tendering any prohibited        modified by any existing or future written
item for shipment, or from shipper’s failure   agreement between the parties, and may
to comply with the Terms.                      not be contradicted or modified by any oral
                                               agreement.
50.    Incorporation of Terms; Waiver;
      Future Changes                           UPS reserves the right to unilaterally
                                               modify or amend any portion of the Service
All shipments are subject to the terms and     Guide or the Terms at any time without
conditions contained in the Terms.             prior notice.
UPS may engage subcontractors to               Any failure to enforce or apply a term or
perform transportation and incidental          provision of the Service Guide or the Terms
services. UPS contracts on its own behalf      shall not constitute a waiver of that term or
and on behalf of its servants, agents, and     provision by UPS, and shall not diminish or
subcontractors, each of whom shall have        impair UPS’s right to enforce such term or
the benefit of these Terms. No such party      provision in the future. If one or more
has authority to waive or vary any of these    provisions of the Terms shall be held to be
terms and conditions.                          invalid, illegal, or unenforceable, the
                                               validity, legality, and enforceability of the
The effective Service Guide and the            remaining provisions shall not be so
description of UPS® services at ups.com®,      affected or impaired.
and any modifications or amendments of
them, are hereby incorporated by reference
in these Terms. The current version of the
Terms supersedes all previous UPS Tariffs,




                                                                                         38

				
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Description: Release of Liability Waiver Auto Salvage Entry document sample