Terms and Conditions of Contract - UPS Supply Chain Solutions

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FOLLOWING ITEMS OF EXTRAORDINARY VALUE ARE LIMITED TO A MAXIMUM DECLARED VALUE OF $500.00 (USD): 1. ARTWORKS AND OBJECTS OF ART, INCLUDING WITHOUT LIMITATION ORIGINAL PAINTINGS, DRAWINGS, ETCHINGS, WATER COLORS, TAPESTRIES OR SCULPTURE. SHIPPER MUST PACK THESE ITEMS IN ACCORDANCE WITH THE PACKING AND MARKING PROVISIONS CONTAINED HEREIN. WE SHALL NOT BE LIABLE FOR ANY DAMAGE TO A COMMODITY CONTAINING GLASS FACINGS WHEN DAMAGE TO THE COMMODITY IS CREATED BY THE BREAKAGE OF THE GLASS. 2. CLOCKS, WATCHES, JEWELRY (INCLUDING COSTUME JEWELRY), FURS AND FUR TRIMMED CLOTHING. 3. PERSONAL EFFECTS. 4. OTHER INHERENTLY FRAGILE OR UNIQUE ITEMS, INCLUDING PROTOTYPES, ETC. K. OUR LIABILITY FOR DAMAGE TO DOMESTIC SHIPMENTS CONTAINING GLASS SHALL BE LIMITED TO $50.00 (USD). SHIPMENTS CONTAINING GLASS WITH A DECLARED VALUE EXCEEDING $50.00 (USD) WILL NOT BE ACCEPTED. IF INADVERTENTLY ACCEPTED, LIABILITY WILL BE LIMITED TO $50.00 (USD). SHIPMENTS CONTAINING GLASS INCLUDE, BUT ARE NOT LIMITED TO, WINDSHIELDS, PLATE GLASS, CERAMICS, CHINAWARE, LIGHT BULBS, PLASMA TELEVISIONS (INCLUDING SCREENS AND MONITORS), GLASS AND GLASSWARE. L. THE MAXIMUM DECLARED VALUE FOR ANY ENVELOPE OR URGENT PACK IS $100.00 (USD). M. THE MAXIMUM DECLARED VALUE FOR ANY LIVE ANIMAL SHIPMENT IS $100.00 (USD). N. ANY DECLARED VALUE IN EXCESS OF THE MAXIMUMS ALLOWED HEREIN IS NULL AND VOID, AND THE ACCEPTANCE BY US FOR CARRIAGE OF ANY SHIPMENT WITH A DECLARED VALUE IN EXCESS OF THE ALLOWED MAXIMUMS DOES NOT CONSTITUTE A WAIVER OF THESE MAXIMUMS. O. WE SHALL IN NO EVENT BE LIABLE FOR LOSS OF MERCHANTABILITY OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT WE HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED. This exclusion applies to damages of any kind, including, but not limited to, personal injury and property damage, whether or not related to the goods being transported. P. Shipper, Consignee and any other party with an interest in the shipment hereby waive any and all rights of subrogation, recovery, claim, action or cause of action in subrogation, against us for any misdelivery, incomplete or otherwise inadequate delivery (including but not limited to failure to follow Shipper or Consignee instructions or failure to collect or properly deliver a payment instrument), non-delivery, missed pickup, delay, loss or damage to or arising from shipments hereunder, regardless of cause. Shipper, Consignee and any other party with an interest in the shipment (or anyone claiming by, through or on behalf of such parties) represent and warrant that their respective insurers have agreed to said waiver, and agree to hold harmless, protect, defend, and indemnify us against such insurers or other holders of interest for failing to secure said agreement. Q. Receipt of shipment by the Consignee or the Consignee’s agent without written notification of damage or loss on the delivery receipt and/or delivery manifest will be prima facie evidence that the shipment was delivered in good condition. R. NONE OF OUR EMPLOYEES, OUR AGENTS, OR REPRESENTATIVES, OTHER THAN AN OFFICER OF UPS SUPPLY CHAIN SOLUTIONS, MAY WAIVE OR ALTER ANY OF THE LIMITATIONS SET FORTH HEREIN. XVII. NEXT BUSINESS DAY DEFINED For shipments tendered to us on Monday through Thursday, the next business day is the following day, except for holidays. For shipments received on Friday, the next business day is Monday, except for holidays. For shipments received by UPS Supply Chain Solutions on Saturday, the next business day is Tuesday, except for holidays. If an earlier delivery date is requested, shipments are subject to advance arrangements. 18
XVIII. NOTICE AND DISPOSITION OF PROPERTY A. When shipments arrive at destination, we will promptly notify the Consignee and/or the designated broker if we are not delivering them to the Consignee. B. If at the expiration of free storage time provided in Section XIII. STORAGE a shipment containing nonperishable property is unclaimed or delivery cannot be accomplished, we will notify the Shipper and Consignee by mail or facsimile at the address shown on the Air Waybill. Upon written instructions from the Shipper, unless prohibited by local customs regulations or other regulations, we will return the shipment, forward or reconsign it, or otherwise dispose of it at the Shipper’s expense, which expense may include without limitation substantial Dangerous Goods or Hazardous Waste disposal fees where applicable. If no instructions are received by us within 30 calendar days from the date of receipt of the shipment at destination, we will dispose of the shipment at public or private sale without further notice to the Shipper and Consignee and with no further liability to us. C. If a Shipper or Consignee desires notification by collect telephone call, facsimile or telegram when a shipment containing perishable property is delayed, threatened with deterioration, unclaimed, or delivery cannot be effected, authorization and instructions for such notification, including the name, telephone number, facsimile number and/or address of the party to be notified, shall be given on the Air Waybill. If such authorization and instructions are not given, or if after reasonable attempt to comply therewith we do not promptly receive further instructions concerning the disposition of the shipment, we will take such steps as we deem appropriate in our sole discretion, including rerouting the shipment by other means of transportation or disposal of the shipment at public or private sale, without further notice to the Shipper or Consignee and with no further liability to us. D. No sale or disposal pursuant to this provision shall discharge any liability of the Shipper and Consignee or lien to any greater extent than the proceeds thereof, less selling expenses, if any, and the Shipper and Consignee shall remain liable, jointly and severally, for any deficiency. XIX. PACKING AND MARKING REQUIREMENTS A. Shipments must be prepared or packed by the Shipper or its agents, in accordance with the provisions of this Section and all legal requirements, to ensure safe transportation with ordinary care in handling. B. Any article susceptible to damage by ordinary handling must be adequately protected by proper packing and must be marked or bear appropriate labels. C. Any article susceptible to damage as a result of any condition which may be encountered in transportation--such as high vibration, high or low temperature variations, high or low atmospheric pressure variations--must be adequately protected by proper packing and any other necessary measures. D. Shipments of Perishable Commodities: 1. U.S. and Canadian shipments must be packed to travel without spoilage for 72 hours from the time of pickup. 2. All international shipments must be packed to travel without spoilage for 24 hours beyond an agreed delivery deadline. 3. International shipments may be transported via UPS Supply Chain Solutions’ International Preferred or Standard Services using the most expeditious direct, back-to-back consolidation service as agreed to by UPS Supply Chain Solutions and the Shipper. 4. UPS Supply Chain Solutions reserves the right to periodically embargo regions of the world due to conditions that may cause damage to perishable commodities E. Each piece must be legibly and durably marked with the name and address, including correct ZIP code of the Shipper and Consignee. When a container is used repetitively by the Shipper, Shipper must remove all old labels, tags, markings, etc., and Shipper must ensure that the container retains adequate strength for transportation. F. Pieces with a floor bearing weight in excess of 100 pounds (45.36 kilograms) per square foot must be provided with a skid or base which will reduce the floor bearing weight to 100 pounds (45.36 kilograms) or less per square foot. Such skid or base must be furnished by the Shipper and included in the gross weight of the piece. G. Shipments with a declared value for carriage of $100.00 (USD) or more must be packed in outside containers with measurements of at least one cubic foot in volume or more. H. Shipments of artwork, original paintings, drawings, etchings, water colors, and sculptures of any kind, must be 19
Page 1 and 2: TERMS AND CONDITIONS OF CONTRACT Un
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Page 5 and 6: UNUSUAL PIECES A. Shipments moving
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Page 13 and 14: etween points in Canada shipments o
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Page 25 and 26: following requirements: A. Shipment
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Terms and Conditions of Contract - UPS Supply Chain Solutions

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