Conditions of carriage

1. Introduction

   1. These terms and conditions (“terms”) set out the basis on which United Parcel Service ("UPS") shall transport packages, documents and envelopes (“packages”). These terms are supplemented by the current applicable UPS Service and Tariff Guide and zone charts (“the Tariff guide”). The Tariff guide contains important details about the services of UPS which the shipper should read and which form part of the agreement between UPS and the shipper.
   2. Depending on the country where the shipment is presented to UPS for carriage, the term “UPS” will mean and the shipper’s contract will be with an applicable authorized service provider in the respective country where the shipment is presented to UPS for carriage, if applicable, whom, shall the need arise, may be contacted c/o Avenue Ariane 5, 1200 Brussels, Belgium (although this shall not be taken in itself as registered seat or conferring jurisdiction on any court). This company shall also serve as (the first) carrier of the goods for the purposes of the Conventions referred to in paragraph C.
   3. Where carriage by air involves an ultimate destination or stop outside the country of origin the Warsaw Convention may apply. The Warsaw Convention governs and in most cases limits the liability of carriers in respect of loss of or damage or delay to cargo. (For the purpose of these terms the phrase “the Warsaw Convention” means (i) the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12th October 1929 or (ii) that Convention as amended or supplemented by any protocol or supplementary convention or (iii) the Montreal Convention 1999, whichever is applicable.) Notwithstanding any clause to the contrary, international carriage by road may be subject to the provisions of the Convention on the Contract for the International Carriage of Goods by Road signed at Geneva on 19th May 1956 (“the CMR Convention”).
   4. A shipment may be carried via any intermediate stopping location that UPS deems appropriate. UPS may engage subcontractors to perform services and contracts both on its own behalf and on behalf of its servants, agents and subcontractors, each of whom shall have the benefit of these terms.
   5. In these terms, “Waybill” shall mean a single UPS waybill/consignment note or the entries recorded against the same date, address and service level on a collection record. All packages covered under a waybill shall be considered as a single shipment.

2. Scope of Service

   Unless any special services are agreed, the service to be provided by UPS is limited to the collection, transportation, customs clearance where applicable, and delivery of the shipment. The shipper acknowledges that shipments will be consolidated with those of other shippers for transport and that UPS may not monitor the inbound and outbound movement of individual shipments at all handling centers. UPS is not a common carrier and reserves the right in its absolute discretion to refuse carriage to any shipment tendered to it for transportation.

3. Conditions of carriage

   This section sets out various restrictions and conditions which apply to the carriage of shipments by UPS. It also explains what the consequences are of the shipper presenting shipments for carriage which do not meet these requirements.
   1. Service Restrictions and Conditions. UPS does not offer shipment for packages that do not comply with the restrictions set forth in paragraphs (i) to (v) below.
      1. Packages must not weigh more than 31,5 kilograms or 70 kilograms (with regard to the country where the package has been presented to UPS for carriage and the destination country, as set forth in the Tariff guide) or exceed 270 centimeters in length or a total of 330 centimeters in length and girth combined.
      2. The value of any package may not exceed the local currency equivalent of USD 50,000. In addition the value of any jewelery or watches, other than costume jewelery or costume watches, in a package shall not exceed the local currency equivalent of USD 500.
      3. Packages must not contain any of the prohibited articles listed in the Tariff guide including (but not limited to) articles of unusual value (such as works of art, antiques, precious stones, stamps, unique items, gold or silver), money or negotiable instruments (such as cheques, bills of exchange, bonds, savings books, pre-paid credit cards, share certificates or other securities), firearms and dangerous goods.
      4. Packages must not contain goods which might endanger human or animal life or any means of transportation, or which might otherwise taint or damage other goods being transported by UPS, or the carriage, export or import of which is prohibited by applicable law.
      The shipper shall be responsible for the accuracy and completeness of the particulars inserted in the Waybill and for ensuring that all shipments set out adequate contact details for the shipper and receiver of the shipment and that they are so packed, marked and labeled, their contents so described and classified and are accompanied by such documentation as may (in each case) be necessary to make them suitable for transportation and to comply with the requirements of the Tariff guide and applicable law. Unless a different service level is clearly selected on the Waybill or other applicable UPS shipping documentation, shipments will be carried under the Express service (where available to the selected destination) and all applicable charges will be calculated accordingly. The shipper guarantees that all shipments presented for carriage under these terms have been prepared in secure premises, by him (in the case of an individual shipper) or by reliable staff employed by him or (where different) by the party tendering the shipment to UPS and have been protected against unauthorized interference during their preparation, storage and transportation to UPS.
   2. Perishable and temperature sensitive goods will be transported provided that the shipper accepts that this is at its risk. UPS does not provide special handling for such shipments.
   3. Refusal and Suspension of Carriage
      1. If it comes to the attention of UPS that any package does not meet any of the above restrictions or conditions or that any COD amount stated on a COD Waybill exceeds the limits specified in paragraph 8, UPS may refuse to transport the relevant package (or any relevant part thereof) and, if carriage is in progress, UPS may suspend carriage and hold the package (or any relevant part thereof) to the shipper’s order.
      2. UPS may also suspend carriage after third attempt to deliver the goods failed, if the recipient refuses to accept delivery, if it is unable to effect delivery because of an incorrect address (having used all reasonable means to find the correct address) or because the correct address is found to be in another country from that set out on the package or on the Waybill or if it cannot collect amounts due from the recipient on delivery.
      3. Where UPS is entitled to suspend carriage of a package (or any relevant part thereof), it is also entitled to return it to the shipper at its own discretion.
   4. The shipper will be responsible for the reasonable costs and expenses of UPS (including storage), for such losses, taxes and customs duties as UPS may suffer and for all claims made against UPS because a package does not meet any of the restrictions, conditions or representations in paragraph 3 above or because of any refusal or suspension of carriage or return of a package or a shipment by UPS which is allowed by this paragraph 3. In the case of the return of a package or a shipment, the shipper will also be responsible for paying all applicable charges calculated in accordance with the prevailing commercial rates of UPS.
   5. If the shipper tenders to UPS a shipment which fails to comply with any of the restrictions or conditions in paragraph 3.1 above, UPS will not reimburse the shipper for any loss the shipper may suffer in connection with the carriage by UPS of such package and, if UPS does suspend carriage for a reason allowed by these terms, the shipper shall not be entitled to any refund on the carriage charges paid.
   6. If, having suspended carriage of a package or a shipment in accordance with these provisions, UPS is unable within a reasonable time to obtain the shipper’s instructions on its disposition or to identify the shipper or any other person entitled to the goods (having if necessary opened the shipment), UPS shall be entitled to destroy or sell the package or shipment , at its absolute discretion. The proceeds of any such sale shall first be applied to any charges, costs or expenses (including interest) outstanding in respect of the package or shipment or otherwise from the shipper concerned. Any balance shall be held to the shipper’s order.
   7. UPS reserves the right, but is not obliged, to open and inspect, or scan by means of X-ray, any shipment tendered to it for transportation at any time.

4. Customs Clearance

   1. 0. Where a shipment requires customs clearance, it is the shipper’s responsibility to provide complete and accurate documentation for the purpose but UPS will unless instructed otherwise act as the shipper’s agent in obtaining customs clearance. Provided that, in the case of shipments whose points of dispatch and destination are both within the same customs area, UPS will only perform customs clearance if instructed to do so. The shipper also agrees that UPS may be considered as being the receiver of the shipment for the sole purpose of appointing a customs agent to carry out any customs clearance to the extent permitted by law.
   2. 1. Shall any taxes, duties, penalties, charges or expenses be imposed or an obligation to pay taxes, duties, penalties, charges or expenses arises as a result of undertakings by the customs administrations or as a result of a failure to provide correct documentation or failure to present required licenses or consent required in connection with the carriage by the shipper or recipient, UPS will charge these to the recipient. In case UPS fails to recover the amount due from the receiver, the shipper shall become responsible for reimbursing UPS for any expenses incurred with regards to the above mentioned.

5. Payment

   1. The rates for carriage and other services are set out in the Guide and, unless paid before shipment, all charges must be paid within 7 days of receipt of invoice or within such other period as the shipper may have agreed in writing with UPS. UPS may verify the actual and/or dimensional weight of shipments and, if greater than the declared weight, invoice on such basis. Unless proved otherwise, an invoice shall be considered for this purpose to have been received three business days following the date of invoice.
   2. If UPS is required to pay any taxes, duties or levies on behalf of the shipper, recipient or a third party, and UPS is unable to recover the above mentioned amount from the entity responsible, the shipper will be required to pay this amount upon request. The obligation of the shipper to pay such amount is also applicable in cases where the recipient or, third party billed, fails to pay any fees as required.
   3. Any amount payable to UPS, which is overdue, will bear interest 2% higher than the applicable interest rate for overnight interbank loans in effect on the due date in the country where the package is tendered to UPS for carriage, from the due date until UPS receives the amount due, regardless of the payment preceding or following the Court decision. Finally, UPS reserves the right to charge an administrative fee for late payment up to a maximum of 15 EUR or the equivalent of in local currency for each invoice.
   4. If any sum is not paid by the shipper, recipient or some other party under these terms, UPS may hold any packages it is carrying, until it receives payment in full or may sell them and use the proceeds to compensate for the amount indebted to it in accordance with applicable local law. Any unpaid balance will remain payable.

6. Interruption of Service

   If UPS is unable to start or continue with carriage of the shipper’s shipment for a reason beyond its control, UPS will not be in breach of its agreement with the shipper but will take all steps that are reasonably practicable in the circumstances to commence or continue the carriage. Examples of events beyond UPS’s control are disruption to air or ground transportation due to bad weather, fire, flood, war, hostilities, civil disturbance, acts of government or other authorities (including, without limitation, customs) and labor disputes or obligations affecting UPS or some other party.

7. Money Back Guarantee

   For certain services and destinations, UPS offers a money back guarantee on the shipping charges. Details of its applicability, terms and conditions and of the corresponding delivery and latest pick up time for the relevant service and destination are as set out in the Guide and on the UPS website (www.ups.com), each as current at the time the goods are accepted for carriage, and can also be confirmed by contacting the shipper’s local UPS call center. For the avoidance of doubt, the liability of UPS under the money back guarantee is limited to the above and the guarantee does not otherwise constitute any form of undertaking or representation that the shipment will arrive by any particular time.

8. Collect on Delivery (COD)

   For certain destinations and services as advised by the local UPS call center, UPS offers a COD service on payment of an additional charge as set out in the Guide. If the shipper makes use of this service, subject to the provisions set out below (including those relating to currency conversion) UPS will collect on behalf of the shipper the COD amount stated on the Waybill. COD amounts must be specified on the Waybill in either EUR or, if different, the currency of the country of destination. Where any of the COD amounts specified on the Waybill, collected from the recipient and/or paid to the shipper are in different currencies from each other, the conversion(s) will be made at such exchange rate(s) as UPS may reasonably determine. UPS does not accept responsibility for any currency exchange risks.
   1. Cash COD – Where UPS is instructed on the Waybill in accordance with applicable UPS guidelines to accept cash only, UPS will collect only cash, in the currency of the country of destination. Where cash is collected, the maximum amount collectible in that form on behalf of a shipper shall be the local currency equivalent of USD 5,000 per recipient per day. Notwithstanding the foregoing, the amount collectible in cash on behalf of a shipper for COD shipments to recipients located in France, may not exceed EUR 750 per recipient per day. Further limitations may apply in certain countries from time to time; details of such limitations will be set out either in the Guide or at the UPS Website (www.ups.com). If the shipper specifies a COD amount that exceeds these limits, UPS will automatically be entitled to accept cheques for the whole or any part of that amount.
   2. Cheque COD – If the Waybill does not clearly (and in accordance with applicable UPS guidelines) instruct UPS to accept only cash, UPS may accept payment either in cash (subject to the restrictions in paragraph 8.1) or by any kind of cheque made out to the shipper that is recognized in the country of destination of the shipment. Where UPS accepts cheques the maximum amount collectible in any form shall not exceed the equivalent of USD 50,000 per package (or other applicable value, if lower). Where UPS is permitted to accept a cheque, it may collect a cheque denominated in either EUR or, if different, the local currency of the country of destination.
   3. Payment of Collected COD Amounts – Where UPS collects cash, UPS will pay to the shipper an equivalent amount in the local currency of the country where the shipment was presented to UPS for carriage. UPS may make such payments of COD amounts by either wire transfer to any bank account notified to UPS by the shipper or issuing a cheque in favor of the shipper. Any cheques in favor of the shipper, issued either by UPS as set out above or by the recipient and collected by UPS pursuant to paragraph 8.2, may either be forwarded to the shipper by regular mail at the shipper’s risk or handed over to the shipper or to any other person appearing to have authority to accept the cheque on the shipper’s behalf.
   4. In the event of non-receipt by the shipper of COD amounts, the shipper must notify UPS in writing within 45 days of the date of delivery of the package concerned.
   5. The shipper will indemnify UPS for all losses, expenses, and any claims made against UPS by the recipient or a third party, arising where UPS does not deliver a shipment because the recipient does not pay the COD amount in the appropriate form or refuses to accept the package.
   6. The liability of UPS in respect of the amount to be collected shall not exceed either the applicable maximum amount collectible under these terms or the COD amount indicated on the Waybill, whichever is the lesser. Further, the COD amount shall not in any event exceed the value of the goods at their destination plus applicable carriage charges. For the avoidance of doubt, a COD amount does not constitute declaration of a value for the purpose of paragraph 9.4 or otherwise and therefore shall not affect the liability of UPS for any loss, damage or delay to the goods themselves. UPS does not accept any responsibility for any dishonest or fraudulent acts on behalf of the receiver including, but not limited to, presenting a fraudulent cheque or one which is later dishonored, or for cheques incorrectly completed by the recipient.

9. Liability

   1. Where the Warsaw or CMR Conventions or any national laws implementing or adopting these conventions apply (for convenience referred to as Convention Rules) or where (and to the extent that) other mandatory national law applies, the liability of UPS is governed by and will be limited according to the applicable rules.
   2. Where Convention Rules or other mandatory national laws do not apply, UPS will be responsible only for the fact that owing to their duties with a reasonable the care and the responsibility will be entirely governed by these knowledgeable and the terms and conditions and (except in cases of injury or death of persons) will be limited to proven harm to the value of which is equal to the equivalent of $ 100 in the local currency of the one shipment, if the shipper has a higher value by implementation of paragraph 9.4 below.
   3. If the claimant (or any person from whom he derives his right to claim) has caused or contributed to any loss, damage or delay to a package or shipment, any liability UPS may incur in respect thereof (limited as above) may be reduced or extinguished in accordance with the law applicable to such contributory negligence.
   4. Subject to the provisions of paragraph 9.5, the shipper may obtain the benefit of a greater limit of liability than UPS provides under paragraph 9.2 above or than may be provided by Convention Rules or other mandatory national law. The shipper may do so by declaring a higher value on the Waybill and paying an additional charge as stated in the Guide. If the shipper declares a higher value for carriage and pays the applicable charge, then UPS’s liability shall be limited to proven damages not exceeding the sum so declared. The value of the goods concerned shall not in any event exceed the limits specified in paragraph 3.1(ii).
   5. Save where Convention Rules or other mandatory national laws require otherwise, UPS does not accept responsibility for purely economic losses, such as the costs of any alternative means of transport, loss of profits, loss of business opportunities or loss of revenue resulting from loss of use, arising from any loss of or damage or delay to a shipment (or part thereof), whether or not a value has been declared in respect of the relevant shipment under paragraph 9.4. UPS shall not be liable for any damage to or loss of any package.

10. Delivery

    UPS may deliver a shipment to the recipient named on the waybill or to any other person appearing to have authority to accept delivery of the shipment on the recipient’s behalf (such as persons at the same premises as the recipient or neighbors of the recipient). UPS may use an electronic device to obtain proof of delivery and the shipper agrees that it will not object to UPS relying on a printed copy of this as evidence merely on the grounds that the information concerned is obtained and stored in electronic form. Save where Convention Rules or other mandatory national laws require otherwise, UPS accepts no responsibility in any circumstances to suspend carriage, redirect delivery (whether to a different receiver or address from that named on the Waybill) or return a package to its shipper and, in the event that it should attempt but fail to do so, shall have no liability for any losses thereby incurred.

11. Data protection

    The shipper agrees that UPS and other companies of the Group of companies UPS all over the the world, including in countries which do not have the same level of data protection as the country where the consignment was handed over for transport by UPS, may use any of the information provided by the company for the purposes of analysis and monitoring of UPS the management of the purchase and delivery of customer materials, to manage customer accounts and on the advertising of services and products provided by the company UPS. The shipper has certain rights of the Act (applicable by contacting UPS) to have access to data about themselves, which are in the possession of the the company UPS, to rectify, to their use for direct marketing or denial delete the personal information held about him by UPS.

12. Claims Procedure

    All claims against UPS must be executed in writing as soon as reasonably practicable and in any event within 14 days of receipt in the case of damage (including partial loss of a shipment), in the case of delay within 21 days of the goods being placed at the disposal of the person entitled to delivery and in the case of loss within 60 days of the goods being consigned with UPS for carriage. In addition, all claims against UPS in connection with any shipment shall be prescribed and barred by expiration of time, unless legal proceedings are brought and written notice of them is given to UPS within eight months after delivery of the goods concerned or, in the case of non-delivery, within eight months from the scheduled date for delivery. This term shall not affect any rights the shipper may have under Convention Rules or other mandatory national laws.

13. Entire Agreement & Severability

    It is the intention of UPS that all the terms of the contract between it and the shipper are contained in this document and in the Guide. If the shipper wishes to rely on any variation to these terms, it must ensure that that is recorded in writing and signed by the shipper and on behalf of UPS before the shipment is accepted for carriage by UPS. If any part of these terms is not enforceable, this will not affect the enforceability of any other part.

14. Governing Law

    These terms shall be governed by the laws of the country where the shipment is presented to UPS for carriage.

Appendixes:

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