TERMS AND CONDITIONS
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UPS Limited ("the Company") is engaged in the international air transportation of Letters, Paks and packages ("packages"). All packages covered under a single Waybill shall be considered a single shipment. This contract shall be governed by English law and the ies submit to the jurisdiction of the English courts. The Shipper warrants that if he is not himself the owner of the package en authorised agent of the owner for the purposes of making this contract, and further warrants that in such event he accepts these conditions as agent for and on behalf of the owner.
COMMODITIES HANDLED AND WEIGHT AND SIZE RESTRICTIONS
The Company holds itself out to transport general commodities, as usually defined, subject to the following restrictions.
(a) No service shall be rendered in the transportation of any package or article weighing more than 31.5 kilograms or exceeding 270 centimetres in length or exceeding a total of 330 centimetres in length and girth combined, nor shall any service be rendered in the transportation of any package or article with à declared value or more than £18,000.
(b) No service shall be rendered in the transportation of any dangerous goods/hazardous materials which are subject to regulation by the International Air Transport Association (IATA) or the International Civil Aviation Organisation (ICAO).
(c) No service shall be rendered in the transportation of any package or article which is prohibited by law or regulation of any federal, state or local government, in the origin, intermediate or destination countries.
(d) Refer to the listing of prohibited articles contained in the UPS Limited International Reference Guide.
REFUSAL OF UNSAFE PACKAGES
The Company reserves the right to refuse any package which by reason of the dangerous or other character of its contents is liable, in the judgement of the Company, to soil, taint or otherwise damage other merchandise or equipment, or is economically or operationally impractical to transport, or which is improperly packed or wrapped.
RIGHT OF INSPECTION
The Company reserves the right to open and inspect any package tendered to it for transportation. CORRECTION OF WRONG ADDRESS
If the Company is unable to deliver any package because of an incorrect address, it will refer to the telephone directory and make every other reasonable effort to secure the correct address. If the correct address is secured and found to be in the same destination country, the Shipper will be notified of the correction, and an additional charge, as stated on the current rate chart, will be made for delivery or attempted delivery to the corrected address.
SPECIAL HANDLING OF UNDELIVERABLE PACKAGES
In case the Company is unable to complete delivery of a package, a non-delivery notice will be left at the Consignee's address stating that – delivery-has been attempted. Thereafter, a second and, if necessary, a third delivery. attempt will be made without additional charge.
Packages refused by the Consignee or which for any other reason cannot be delivered, will be held and the Shipper will be contacted for further instructions. The Shipper will be responsible for payment of forwarding, disposal or return transportation charges, if applicable. RESPONSIBILITY FOR LOSS & DAMAGE
(a) The Company's liability for all loss and damage caused by its negligence or by other default in the performance of the Company's duties shall in no circumstances exceed the declared value of the package as shown on the waybill or £18,000, whichever shall be the smaller amount.
(b) The Company shall in no circumstances be liable for any loss or damage to the extent that such loss or damage was caused by (i) the act or Omission or negligence of the Shipper, its servants or agents (ii) inherent defect, quality or vice of the goods (iii) any other event or occurence beyond the reasonable control of the Company.
(c) The Company shall in no circumstances be liable for any indirect or consequential loss or damage caused by its negligence or other default in the performance of its duties.
(d) Claims not made within 9 months after delivery of the package or in the case of non-delivery, within 9 months after a reasonable time for delivery has elapsed shall be deemed waived.
(e) The Company is not a Common Carrier.
(f) Where the Company performs any carriage partly by air and partly by some other mode of transport, the Company's liability shall be determined as though the whole of the carriage were being performed by air.
(g) If the carriage involves an ultimate destination or stop in a country other than the country of departure the Warsaw Convention may be applicable. The Convention governs and in most cases limits the liability of carriers in respect of loss of or damage to cargo. PROVISIONS FOR CUSTOMS CLEARANCE
The shipper must provide required documentation for customs clearance. Except where prohibited by law, the Company will arrange for customs clearance, in which case, brokerage service will be provided at no additional charge. Customs penalties, storage charges or other expenses incurred as a result of an action by customs, or failure by the Shipper or Consignee to provide proper documentation or to obtain a required licence or permit, will be charged to the Consignee along with duty and tax, if applicable. However, the Shipper is liable for payment in the event of non-payment by the Consignee.
The Shipper may elect to pay for duty and tax (free domicile including duty and tax) by showing instructions on the export documentation and on the Waybill to invoice duty and tax to the Shipper.
The provisions of Article 16 of the Warsaw Convention shall apply to these conditions and shall not be affected by the agreement of the Company to act as agent for the Shipper for export control and customs purposes.
RATES
See current rate chart for rates. A package measuring over 200 centimetres in length and girth combined and weighing less than 10 kilograms will count as a 10 kilogram package in calculating the total weight shown on the Waybill: Fractions of a kilogram will be increased to the next half kilogram. Rates, except the charge for Letters, are based on the gross weight of the shipment. COLLECT SERVICE
The Company will accept collect shipments to most countries the Company serves subject to the following conditions:
(a) The Shipper will prepare and attach to each collect shipment a Waybill, and will indicate Collect Service in the space provided on the Waybill.
(b) The shipment covered under the Waybill is a non-document shipment and the value of the shipment is equal to or greater than UPS Limited published rate for the transportation of the shipment.
(c) The Shipper agrees to be liable for payment of charges in the event of non-payment by the Consignee. PAYMENT FOR SERVICE
(a) All charges for services are payable within seven days of the invoice date. Except for collect shipments accepted by the Company, all shipments are prepaid and all charges must be paid by the Shipper.
(b) The Shipper guarantees all payments to be made by the consignee pursuant to this contract.
(c) The Shipper agrees fully to indemnify the Company, against all liability, losses and expenses arising from any breach by the Shipper of any warranty contained herein or from any negligence on the part of the Shipper or the Consignee.
(d) The Company shall have a general lien on all goods and documents in its possession for all amounts due at any time from the Shipper or the Consignee.
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