Terms and Conditions of Carriage
1. Introduction
A.

These terms ("terms") set forth the basis on which UPS will transport packages, documents, and letters ("packages") and goods placed on pallets ("pallets"; pallets and packages together constitute "shipments"). These terms are supplemented by the current, applicable UPS Service and Tariff Guide ("Guide"). The Guide contains important details about UPS services that the shipper should read and which form part of the agreement between UPS and the shipper.

B.

The term "UPS" shall have the meaning and the contract with the shipper shall be with the UPS authorized service or UPS entity, if one exists in the country where the shipment is tendered for transport or, which may be contacted at the country of origin, 5 Avenue Ariane, 1200 Brussels, Belgium (although this shall not be taken into account as a chosen domicile or jurisdiction of any court). That company shall also be the (first) carrier of the goods for the purposes of the Conventions referred to in paragraph C.

C.

Where air transport involves a final destination or stop in the country of origin, the Warsaw Convention shall apply. The Warsaw Convention governs and in most cases limits the liability of carriers in respect of loss, damage, or delay of cargo. (For the purposes of these terms, the phrase "Warsaw Convention" means (i) the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929 or (ii) that Convention as amended or supplemented by any protocol or additional convention or (iii) the Montreal Convention of 1999, whichever may apply). Notwithstanding any clause to the contrary, international road transport may be subject to the provisions of the Convention on the Contract for the International Carriage of Goods by Road, signed at Geneva on 19 May 1956 ("CMR Convention").

D.

A shipment may be transported via intermediate stops that UPS deems appropriate. UPS may engage subcontractors to perform services and contracts on its own behalf and on behalf of its officers, agents, and subcontractors, and each of them shall enjoy the benefits of these terms.

E.

In these terms, "Waybill" means the unique UPS waybill or records registered with the same date, address, and service level on the pickup document. All packages or pallets covered by the waybill shall be considered one shipment.

2. Scope of Services

Unless special services are agreed upon, the service provided by UPS is limited to pickup, transport, customs clearance where applicable, and delivery of the shipment. The shipper accepts that the shipment will be consolidated with those of other shippers for transport and that UPS does not track the arrival and departure of individual shipments at all sorting centers. UPS is not a common carrier and reserves the right at its absolute discretion to refuse transport of any shipment tendered for transport.

3. Conditions of Carriage

This section sets out the various limitations and conditions that apply to the transport of shipments by UPS. It also explains the consequences borne by the shipper who tenders shipments for transport that do not meet these conditions.

3.1 Service Limitations and Conditions

Shipments must comply with the limitations in paragraphs (i) through (v) listed below.

  • (i) Packages may not weigh more than 31.5 kilograms (or 70 pounds) or 70 kilograms (or 150 pounds) (depending on the country where the shipment is tendered to UPS for transport and the final destination, as set forth in the Terms) or exceed 274 centimeters (or 108 inches) in length or have a total combined length and girth greater than 419 centimeters (or 165 inches). Pallets are subject to maximum size and weight limitations, which may vary by origin and destination and are set forth at www.ups.com.
  • (ii) The value of each package may not exceed 50,000 US dollars converted to local currency. Additionally, the value of jewelry or watches, except costume jewelry or watches, in a single package may not exceed 500 US dollars converted to local currency. The value of each pallet may not exceed 100,000 US dollars converted to local currency.
  • (iii) Shipments may not contain any prohibited items listed in the Guide, including but not limited to items of unusual value (such as works of art, antiques, precious stones, postage stamps, unique items, gold or silver), money or securities (such as checks, bills of exchange, bonds, savings books, prepaid credit cards, stocks and other securities), weapons and dangerous goods.
  • (iv) Shipments may not contain goods that may endanger human or animal life or any means of transport or that may spoil or damage other goods transported by UPS or whose transport, export or import is prohibited by applicable law.
  • (v) Pallets must be placed on a pallet and well secured, capable of being lifted by forklift and wrapped with stretch film secured to the pallet.
3.2 Perishable Goods and Temperature-Sensitive Goods

Perishable goods and temperature-sensitive goods will be transported if the shipper accepts that this is at their own risk. UPS does not provide special treatment for such shipments.

3.3 Refusal or Suspension of Transport

(i) If UPS finds that a shipment does not meet the above limitations or conditions or that the COD amount upon delivery specified in the COD Waybill exceeds the limitations set forth in paragraph 8, UPS may refuse to transport the relevant shipment (or any relevant part thereof), and if transport is in progress, UPS may suspend it and hold the shipment (or relevant part) at the shipper's order.

(ii) UPS may also suspend transport if delivery cannot be made, if the recipient refuses to accept delivery, if delivery cannot be made due to an incorrect address (after exhausting all available means to find the correct address) or if the correct address is found in a different country than that indicated on the shipment or Waybill or if the delivery recipient cannot be charged.

(iii) Where UPS has the right to suspend transport of the shipment (or any relevant part), it also has the right to return it to the shipper.

3.4 Reimbursement and Costs

The shipper must pay and reimburse UPS's reasonable costs and expenses (including storage), for losses, taxes and customs duties that UPS may incur and for all claims made against UPS because (i) the shipment did not meet the limitations, conditions and requirements set forth in paragraph 3.1 above (ii) due to refusal or suspension of transport or return of a shipment (or any relevant part) by UPS, as permitted by this paragraph 3 or (iii) due to the shipper's non-compliance with the terms. In case the package or shipment is returned, the shipper is also responsible for paying all applicable costs calculated in accordance with UPS's applicable commercial rates.

3.5 Non-Compliance with Limitations or Conditions

If the shipper tenders to UPS a shipment that does not comply with the limitations or conditions of paragraph 3.1 above, without written consent from UPS, UPS shall not compensate for the loss that may result at the shipper's expense in connection with the transport performed on that shipment by UPS (regardless of whether the failure to comply caused or contributed to the loss or any negligence, except willful misconduct by UPS or any negligence, including willful misconduct by its employees, contractors or representatives), and if UPS suspends transport for a reason stated in these terms, the shipper shall not be entitled to a refund of the transport costs paid. UPS may make a claim in respect of such non-compliance.

3.6 Instructions Upon Suspension of Transport

If upon suspension of transport of a shipment (or any relevant part) in accordance with these provisions UPS is unable to obtain instructions from the shipper within a reasonable time or to identify whether the shipper or some other person is entitled to the goods (if it was necessary to open the shipment), UPS has the right to destroy or sell the shipment (or any relevant part), at its absolute discretion. Such sale shall first be subject to all charges and costs due (including interest), in respect of the shipment or from the affected shipper. Any balance shall be held at the shipper's order.

3.7 Right of Inspection

Unless prohibited by law, UPS reserves the right, but is not obligated, at any time to open and inspect or X-ray scan any shipment tendered for transport.

4. Customs Clearance

When a shipment needs to be customs cleared, it is the shipper's responsibility to provide, or ensure that the recipient will provide, UPS with complete and accurate documentation for customs clearance purposes, but UPS will act on behalf of, at the expense of and at the risk of the shipper or recipient, unless otherwise instructed. In the case of shipments whose points of dispatch and destinations are in the same customs area, UPS will perform customs clearance only if instructed to do so. The shipper also agrees that UPS may be considered the recipient of a package or shipment solely for the purpose of designating a customs broker to carry out customs clearance, to the extent permitted by law.

5. Payment
5.1

Prices for transport and other services are set forth in the Guide and unless paid before delivery, all costs must be paid within 7 days of receipt of the invoice or within such other period as the shipper and UPS have agreed in writing. UPS may verify the actual and/or dimensional weight of shipments and, if greater than the declared weight, issue an invoice on that basis. Unless otherwise proven, the invoice for this purpose shall be deemed received three business days after the date indicated on the invoice.

5.2

If a) UPS is required to pay any taxes, customs duties or other charges on behalf of the shipper, recipient or third party, b) the selected billing option indicates that the recipient or third party should pay all charges or c) any taxes, customs duties, penalties, charges or costs are imposed or incurred as a result of any action by customs authorities or failure by the shipper or recipient to provide appropriate documentation or permits or licenses required for transport, then (without prejudice to the shipper's contractual liability for payment) UPS shall initially charge the recipient or, if applicable, the third party. If the amount in question is not immediately and fully paid to UPS by such person, that amount shall be charged to the shipper upon written demand. UPS is not obligated to separately issue a claim against the recipient or any third party for collection if the shipper has joint liability with those parties. In case of doubt, the burden of proving that the amount has been paid lies with the shipper.

5.3

Any amount due to be paid to UPS shall be subject to an interest rate of 2% above the interbank lending rate in effect on the due date in the country where the package was tendered to UPS for transport, from the due date to the date UPS receives payment, whether before or after judgment. Additionally, UPS reserves the right to charge an administrative fee for late payment up to a maximum of 40 euros converted to local currency per invoice.

5.4

If the shipper, recipient or any third party fails to pay any amount covered by these terms, UPS may retain the shipment being transported (or part thereof), until it receives full payment or sell it and use the proceeds to repay the debt in accordance with applicable local law. Any unpaid amount shall remain due for payment.

5.5

UPS's transport prices set forth in the Guide are calculated only for transport of shipments that do not exceed the value of the amounts set forth in paragraph 3.1(ii) (or other applicable value, if lower). In the event UPS finds that it has transported a shipment which, without UPS's written consent, exceeds that value, then in addition to applicable prices and costs and other remedies covered by these terms, an additional transport cost equal to 5% of the value of the shipment above the relevant amount set forth in paragraph 3.1(ii) shall be charged.

6. Interruption of Service

If UPS is unable to commence or continue transport of the shipper's shipment due to a cause beyond its control, UPS shall not thereby breach its contract with the shipper, but UPS shall take all steps reasonably applicable in the circumstances to commence or continue transport. Examples of events beyond UPS's control include interruptions in air or road transport due to bad weather, fire, flood, war, riots, civil unrest, government and other authority measures (including but not limited to customs) and labor disputes or obligations affecting UPS or any other person, delays in customs clearance and/or delays or other matters arising from or related to the United Kingdom no longer being an EU member state.

7. Money-Back Guarantee

For certain services and destinations, UPS offers a guarantee for refund of delivery costs. Details of applicability, conditions and affected delivery, as well as pickup deadline for the relevant service and destination are set forth in the Guide and on the UPS website (www.ups.com), which are updated at the time of receipt of goods for transport and can be confirmed by contacting the local UPS information center. If the conditions of this guarantee are met, unless otherwise provided, then UPS's sole liability and the only remedy available to the shipper in connection with any claim is (i) to pay or credit the amount of applicable delivery costs in connection with the affected shipment or (ii) to re-deliver the shipment under similar conditions at no additional cost. If the original delivery was made by UPS to an address other than the shipper's address, re-delivery may only be made to that address or, by agreement with UPS, to another address in the same country.

8. Cash on Delivery (COD)

For certain destinations and services as advised by the local UPS information center, UPS offers a COD service for payment of an additional fee, as set forth in the Guide. If the shipper uses this service, subject to the provisions set forth below (including those for currency conversion), UPS will collect the COD amount indicated on the Waybill on behalf of the shipper. This service is not available for pallets. The COD amount must be indicated on the Waybill in euros or in the currency of the destination country. If the COD amounts indicated on the Waybill and collected from the recipient and/or paid to the shipper are in different currencies, conversion will be made at the exchange rate reasonably determined by UPS. UPS does not accept liability for currency conversion risks.

8.1 COD Payment in Cash

If, in accordance with applicable UPS guidelines, UPS receives instructions indicated on the Waybill to accept only cash, UPS will collect only in cash in the currency of the destination country. If collected in cash, the maximum amount that can be collected in that form on behalf of a shipper is 5,000 euros per recipient per day converted to local currency. In addition to the above, the amount collected in cash on behalf of the shipper from recipients located in the following countries for COD shipments may not exceed the corresponding amounts per recipient per day: Austria: 3,500 euros, Belgium 3,000 euros, Denmark: 20,000 Danish kroner, Germany: 3,500 euros, Spain 1,000 euros, Greece 499 euros, Portugal 1,000 euros, Italy 999.99 euros, France 1,000 euros, Romania 10,000 Romanian lei for individuals and 5,000 Romanian lei for legal entities, Sweden 3,000 Swedish kronor, Switzerland: 3,500 Swiss francs, Poland 15,000 Polish zloty. If the shipper indicates a COD amount that exceeds these limitations, UPS shall automatically have the right to accept checks for all or part of that amount. From time to time, additional limitations may apply in certain countries; details of such limitations will be provided either in the Guide or on the UPS website (www.ups.com).

8.2 COD Payment by Check

If the Waybill (and in accordance with applicable UPS guidelines) does not contain clear instructions for UPS to accept only cash, UPS may collect in cash (which is subject to the limitations in paragraph 8.1) or by check issued to the shipper that is recognized in the destination country of the shipment. If UPS accepts checks, the maximum amount that can be collected in that form shall not exceed the equivalent of 50,000 US dollars per package (or other lower applicable value). If UPS is permitted to receive checks, the check may be collected in euros or in the local currency of the destination country.

8.3 Payment of Collected COD Amounts

If UPS collects cash, UPS shall pay the shipper an equal amount in the local currency of the country where the shipment was tendered to UPS for transport. UPS may make such COD amount payments by bank transfer to an account designated to UPS by the shipper or by issuing a check in favor of the shipper. All checks in favor of the shipper, issued by UPS as stated above or by the recipient and collected by UPS in accordance with paragraph 8.2, may be forwarded to the shipper by regular mail at the shipper's risk or delivered to the shipper or to some other person authorized to accept the check on behalf of the shipper.

8.4

In the event the shipper does not receive the COD amount, the shipper must notify UPS in writing within 45 days of the delivery date of the affected shipment.

8.5

The shipper shall indemnify UPS for all losses, costs and any claims against UPS made by the recipient or third party, arising from UPS not delivering the shipment because the recipient did not pay the COD amount in the appropriate form or refuses to receive the shipment.

8.6

UPS's liability in respect of the amount to be collected shall not exceed the maximum applicable amount to be collected under these terms or the COD amount indicated on the Waybill, whichever is less. Furthermore, the COD amount shall in no case exceed the value of the goods at their destination, plus applicable transport costs. For the avoidance of doubt, the COD amount does not constitute a declaration of value for the purposes of paragraph 9.4 and shall not affect UPS's liability for loss, damage or delay of the goods themselves. UPS does not accept liability for dishonest and fraudulent acts on behalf of the recipient including, but not limited to, giving a false check or a check that is later withdrawn or for checks incorrectly completed by the recipient.

9. Liability
9.1

Where the Warsaw or CMR Convention or other national law implementing or adopting these conventions applies (for convenience referred to as Convention Rules) or where (and to the extent that) other mandatory national law applies, UPS's liability shall be governed by and limited in accordance with applicable laws.

9.2

Where the Convention Rules or other mandatory national laws do not apply, UPS shall be liable only if it fails to act with reasonable care and skill and its liability shall be covered only by these terms and (except in the case of personal injury or death) limited to proven damage in the amount of 100 US dollars per shipment in local currency value, unless the shipper has declared a higher value under paragraph 9.4 below.

9.3

If the claimant (or the person from whom they derive the right to make a claim) caused or contributed to the loss, damage or delay of the package or pallet, any liability that UPS may incur in respect thereof (limited as above) may be reduced or eliminated in accordance with applicable law for such contributory negligence.

9.4

The shipper, subject to the provisions of paragraph 9.5, may obtain a higher limitation of liability than that provided by UPS under paragraph 9.2 above or than may be granted by the Convention Rules or other mandatory national law.

The shipper may do this by declaring a higher value on the Waybill and paying an additional fee, as set forth in the Guide. If the shipper declares a higher value for transport and pays the additional costs, then UPS's liability shall be limited to proven damage and shall not exceed the declared amount. The value of the affected goods shall in no case exceed the limitations set forth in paragraph 3.1(ii).

9.5

Except where the Convention Rules or other mandatory national laws do not prescribe otherwise, UPS does not accept liability for purely economic losses, such as costs for alternative means of transport, loss of profit, loss of business opportunity or loss of revenue resulting from loss of use, arising from any loss or damage or delay of the shipment (or part thereof), regardless of whether value was declared in respect of the relevant shipment under paragraph 9.4.

UPS is not liable for any damage or loss of packages or pallets.

10. Delivery

UPS may deliver the shipment to the recipient named on the Waybill or to any other person authorized to accept delivery of the shipment on behalf of the recipient (such as persons from the same premises as the recipient or neighbors of the recipient). If no such persons are available, the package may be left in the recipient's mailbox, if appropriate, or delivered to a neighbor, unless the shipper has excluded these delivery options using another applicable service. The recipient will be informed of any alternative delivery arrangements (or redirection to a UPS Access Point) by a message left at their premises.

Notwithstanding the foregoing paragraph, and unless otherwise agreed with the shipper, UPS may apply any alternative methods selected by the recipient in accordance with the My Choice Service Terms or any other agreement between UPS and the recipient. Such alternative delivery methods include, without limitation, redirecting delivery of a package to an alternative address (including a UPS Access Point), authorizing the driver to leave the package at the recipient's premises, changing a service selected by the shipper or rescheduling delivery. The shipper also agrees that the recipient may receive information about the package delivery. The shipper hereby waives any complaint they may have against UPS arising from UPS following any such instructions given by the recipient.

UPS may use an electronic device to obtain proof of delivery and the shipper agrees not to object to UPS relying on a printed copy of this, as evidence that the relevant information was obtained and stored in electronic form.

Except where the Convention Rules or other mandatory national laws prescribe otherwise, UPS does not accept liability in any circumstances to suspend transport, redirect delivery (whether to a different recipient or address other than that named on the Waybill) or return the shipment to the shipper and in the event it attempts to do so but fails, it shall not be liable for any resulting losses.

11. Data Protection
11.1

UPS has the right to process data provided by the shipper or recipient related to the transport of shipments by UPS, to transfer such data to other UPS group companies and contracting parties, including companies in other countries that may not have the same level of data protection as in the country where the shipment is tendered to UPS for transport, and to process them if and to the extent that the transfer or processing of personal data in such countries is necessary to provide the agreed delivery services.

The shipper warrants that they (i) have obtained the personal data that the shipper has provided to UPS for the shipment, (ii) are authorized to provide such data to UPS if and to the extent that the transfer or processing of personal data in such countries is necessary to provide the agreed delivery services, and (iii) have obtained informed and specific consent from such recipient that UPS may send e-mail and other notifications related to the agreed delivery services.

11.2

UPS may use, including disclose, the personal mobile phone number and/or e-mail address of the shipment recipient, as provided by the shipper or recipient, in connection with the delivery of the shipment. UPS will not disclose this information to third parties to enable such third parties to use such information for marketing purposes, unless it obtains consent from the shipper or recipient.

11.3

For more information about accessing, changing or removing personal data from delivery service information, contact local UPS representatives.

12. More Contact Information

Additional information can be obtained on the official UPS website: {link1}. For more information about services and answers to frequently asked questions, visit the website {link2}.