UPS Terms and Conditions of Carriage

This is the current version as at the date of publication of this Guide. The latest version, which shall always be the applicable one for new shipments, may be found at www.ups.com or obtained from a UPS Office.

1. Introduction

A. These terms and conditions (“terms”) set out the basis on which UPS will transport packages, documents and envelopes (“packages”) and palletised goods (“pallets”; pallets and packages are together “shipments”). These terms are supplemented by the current applicable UPS Service and Tariff Guides (“the Guide”). The 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.

B. 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 whichever of the following companies is applicable. That company will also be the (first) carrier of the goods for the purposes of the Conventions referred to in paragraph

C. UK – UPS Limited; Eire – United Parcel Service of Ireland Limited; Denmark – UPS Denmark A/S; Finland – United Parcel Service Finland Oy; Norway – UPS of Norway, Inc.; Sweden – United Parcel Service Sweden AB, all of whom can be contacted c/o Avenue Ariane 5, 1200 Brussels, Belgium (although this shall not be taken in itself as conferring jurisdiction on any court). C. 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”).

D. A shipment may be carried via any intermediate stopping places that UPS deems appropriate. UPS may engage sub-contractors to perform services and contracts both on its own behalf and on behalf of its servants, agents and sub- contractors each of whom shall have the benefit of these terms.

E. 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 or pallets covered under a Waybill shall be considered a single shipment.

2. Scope of Service

Unless any special services are agreed, and subject to these terms, 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 centres.

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.

3.1 Service Restrictions and Conditions Shipments must comply with the restrictions in paragraphs (i) to (iv) below.

(i) Packages must not weigh more than 31.5 kilograms (or 70 lbs) or 70 kilograms (or 150 lbs) (depending on the country where the shipment is presented to UPS for carriage and the country of destination, as specified in the Guides) or exceed 274 centimetres in length or a total of 400 centimetres in length and girth combined.

(ii) The value of any package may not exceed the local currency equivalent of USD 50,000. In addition the value of any jewellery or watches, other than costume jewellery or costume watches, in a package shall not exceed the local currency equivalent of USD 500 unless such a shipment is tendered from eligible origins to eligible destinations, with applicable services, set forth at ups.com/jewelry. The value of any pallet may not exceed the local currency equivalent of USD 100,000.

(iii) Packages must not contain any of the prohibited articles listed in the Guides 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.

(iv) 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 packages set out adequate contact details for the shipper and receiver of the package and that they are so packed, marked and labelled, 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 Guides 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 packages presented for carriage under these terms comply with the restrictions in paragraphs (i) to (iv) above and 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 unauthorised interference during their preparation, storage and transportation to UPS. UPS relies on this guarantee in accepting any package for carriage hereunder. Any other packages are excluded from carriage.

3.2 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.

3.3 Refusal and Suspension of Carriage

(i) If it comes to the attention of UPS that any shipment 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 shipment (or any relevant part thereof) and, if carriage is in progress, UPS may suspend carriage and hold the shipment (or any relevant part thereof) to the shipper’s order.

(ii) UPS may also suspend carriage if it cannot effect delivery, if the receiver 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 shipment or on the Waybill or if it cannot collect amounts due from the receiver on delivery.

(iii) Where UPS is entitled to suspend carriage of a shipment (or any relevant part thereof), it is also entitled to return it to the shipper at its own discretion.

3.4 The shipper must pay and indemnify UPS for any reasonable costs and expenses (including storage), incurred by UPS, any losses, taxes and customs duties UPS may incur and all claims made against UPS because (i) a shipment does not meet any of the restrictions, conditions or representations in paragraph 3.1 above, (ii) of any refusal or suspension of carriage or return of a shipment (or part thereof) by UPS which is allowed by this paragraph 3, or (iii) of a failure by the shipper to comply with these terms. In the case of the return of a shipment (or part thereof), the shipper will also be responsible for paying all applicable charges calculated in accordance with the prevailing commercial rates of UPS.

3.5 If the shipper tenders to UPS a shipment which fails to comply with any of the restrictions or conditions in paragraph 3.1 above without UPS’s express written consent, UPS will not meet any loss howsoever arising which the shipper may suffer in connection with the carriage by UPS of such shipment (regardless of whether that failure to comply has caused or contributed to the loss and notwithstanding any negligence on the part of UPS or its employees, contractors or representatives) 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 it has paid. UPS may bring a claim in respect of such non-compliance.

3.6 If, having suspended carriage of a shipment (or any relevant part thereof) 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 shipment (or any relevant part thereof), 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 shipment or otherwise from the shipper concerned. Any balance shall be held to the shipper’s order.

3.7 Unless prohibited by law, 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

When a shipment requires customs clearance, it is the shipper’s obligation to provide, or to ensure that the receiver will provide, UPS with complete and accurate documentation for the purpose but UPS will, unless instructed otherwise, act on behalf, at the expense and at the risk of the shipper or receiver 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 only performs customs clearance if instructed to do so. The shipper also agrees that UPS may be considered as being the receiver of the package or the shipment for the sole purpose of appointing a customs broker to carry out any customs clearance insofar as is allowed by law. 3

5. Payment

5.1 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.

5.2 If (a) UPS is required to pay any taxes, duties or levies on behalf of the shipper, receiver or a third party, (b) the selected billing option indicates that the receiver or a third party should pay any charges, or (c) any taxes, duties, penalties, charges or expenses are imposed, rightly or wrongly by government authorities, or incurred by UPS due to any circumstances, including any failure by the shipper or the receiver to provide correct information and documentation or any permits or licences required in connection with carriage, the shipper shall be jointly and severally liable to UPS with the receiver and such third parties for such amounts. In each case where the selected billing option indicates payment is to be charged, at first, to the receiver or any third party, UPS will (without prejudice to the shipper’s contractual liability for payment), first demand payment of the relevant amount from the receiver and/or the third party. If the amount in question is not immediately paid to UPS in full by any of the above parties, the amount will be payable by the shipper on first written demand. In any other cases, the shipper hereby undertakes to pay the mentioned amounts to UPS at first request. UPS shall not be obliged to separately file a claim against the receiver or any third party for payment. In case of doubt, the burden of proving that the amount has been paid lies on the shipper.

5.3 Any sum payable to UPS which is overdue will bear interest at the rate specified on the invoice from the due date to the date UPS receives payment whether before or after judgment. In addition, UPS reserves the right to charge a late payment administration fee up to a maximum of GBP 40 (EUR 40 in Eire and Finland, DKK 100 in Denmark, NOK 35 in Norway and SEK 50 in Sweden) per invoice.

5.4 If any sum is not paid by the shipper, receiver or some other party under these terms, UPS may hold any shipments it is carrying (or part thereof) until it receives payment in full or may sell them and use the proceeds to make good the debt to it in accordance with applicable local law. Any unpaid balance will remain payable.

5.5 UPS’s rates for carriage set out in the Guide are calculated only for the carriage of shipments which do not exceed in value the amounts set out in paragraph 3.1(ii) (or other applicable value, if lower). In the event that UPS becomes aware that it has carried a shipment which, without UPS’s express written consent, exceeds this value, then, in addition to the otherwise applicable rates and charges and any other remedies under these terms, an additional carriage charge equivalent to 5% of the value of the shipment in excess of the relevant amount set out in paragraph 3.1(ii) is applicable.

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), labour disputes or obligations affecting UPS or some other party, delays in customs clearance and/or delays or other issues arising out of or otherwise related to the UK ceasing to be a member of the EU.

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 centre. 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 centre, 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. This service is not available for pallets.

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 receiver 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.

8.1 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 receiver per day. Notwithstanding the previous rule, the amount collectible in cash on behalf of a shipper from receivers located in the following countries for COD shipments may not exceed the respective amounts per receiver per day: Austria: EUR 3,500; Belgium: EUR 3,000; Denmark: DKK 20,000; Germany: EUR 3,500; Spain: EUR 1,000; Greece: EUR 499; Portugal: EUR 1,000; Italy: EUR 2,000; France: EUR 1,000; Romania: RON 10,000 for individuals, RON 5,000 for legal entities; Sweden: SEK 3,000, Switzerland: CHF 3,500; Poland: 15,000 PLN. 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. Further limitations may apply in certain countries from time to time; details of such limitations will be set out either in the Guides 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.

8.2 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 recognised 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.

8.3 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 transportation. 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 favour of the shipper.

Any cheques in favour of the shipper, issued either by UPS as set out above or by the receiver 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.

8.4 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 shipment concerned.

8.5 The shipper will indemnify UPS for all losses, expenses, and any claims made against UPS by the receiver or a third party, arising where UPS does not deliver a shipment because the receiver does not pay the COD amount in the appropriate form or refuses to accept the shipment.

8.6 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 dishonoured, or for cheques incorrectly completed by the receiver. If the receiver pays by credit or debit card and subsequently voids or cancels the transaction, UPS is not responsible for disputing this with the receiver or the bank and the shipper will reimburse the amount to UPS.

9. Liability

9.1 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.

9.2 Where Convention Rules or other mandatory national laws do not apply, UPS will only be liable for failure to act with reasonable care and skill and its liability shall be exclusively governed by these terms and (save in the case of personal injury or death) limited to proven damages not exceeding the greater of either:

(a) GBP 60 per shipment in the case of goods presented in the UK to UPS for carriage (EUR 85 in Eire and Finland, DKK 635 in Denmark, NOK 655 in Norway, SEK 785 in Sweden); or

(b) 8.33 Special Drawing Rights (“SDRs”) per kilo of the goods affected, unless a higher value has been declared by the shipper under paragraph 9.4 below. An SDR is a unit of account adopted by the International Monetary Fund and its current value is regularly published in major financial newspapers. As at the date of publication of these terms 8.33 SDRs was equal to approximately GBP 9. 9.3 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 pallet, 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.

9.4 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) and the Guide.

9.5 UPS shall not be liable to any party for any actual or alleged: indirect or consequential damage or loss arising from breach of contract, tort or otherwise; or any loss of profits, anticipated profits, anticipated savings, loss of goodwill or loss of business or opportunity, whether such losses are direct or indirect.

10. Delivery

UPS may deliver a shipment to the receiver or to any other person appearing to have authority to accept delivery of the shipment on the receiver’s behalf (such as persons at the same premises as the receiver). If no such person is available the package may be left in the receiver’s letterbox (if suitable), delivered to the neighbour, unless the shipper has excluded such delivery options by using the applicable additional service. The receiver shall be informed of any alternate delivery arrangements (or redirection to a UPS Access Point®) by note left at their premises.

Notwithstanding the previous paragraph, and unless otherwise agreed with the shipper, UPS may apply any alternative delivery methods chosen by the receiver in accordance with the UPS My Choice® Service Terms or any other agreement between UPS and the receiver. Such alternative delivery methods include, without limitation, redirecting delivery of a package to an alternate address (including a UPS Access Point), authorizing the driver to leave a package at the receiver’s premises, modifying a service selected by the shipper or, rescheduling delivery. The shipper also agrees the receiver may receive delivery information regarding a package. The shipper expressly waives any claim it may have against UPS arising from UPS following any such instructions provided by the receiver.

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 shipment to its shipper and, in the event that it should attempt but fail to do so, shall have no liability for any losses thereby occasioned.

11. Data Protection

11.1 UPS has the right to process data provided by the shipper or receiver in connection with carriage by UPS, to transfer such data to other group companies and contractors of UPS, including in other countries which may not have the same level of data protection as the country where the shipment is presented to UPS, and to have it processed there if and to the extent the transfer and processing of the data in such countries is required for performing the agreed shipment services. The shipper warrants that it (i) has obtained personal data the shipper provided to UPS for the shipment lawfully, (ii) is authorized to provide such data to UPS, including if and to the extent the transfer and processing of the data in such countries is required for performing the agreed shipment services, and (iii) has obtained informed and specific consent from such receiver that UPS may send e-mail and other notifications related to the agreed shipment services to the receiver. UPS uses the shipper’s personal data provided by the shipper in accordance with the UPS Privacy Notice published on UPS’s website at https://www.ups.com/gb/en/support/shipping-support/legalterms-conditions/privacy-notice.page

– Sweden: https://www.ups.com/se/en/support/shipping-support/legalterms-conditions/privacy-notice.page

- Norway: https://www.ups.com/no/en/support/shipping-support/legalterms-conditions/privacy-notice.page

- Denmark: https://www.ups.com/dk/en/support/shipping-support/legalterms-conditions/privacy-notice.page

- Finland: https://www.ups.com/fi/en/support/shipping-support/legalterms-conditions/privacy-notice.page

11.2 Furthermore, the shipper warrants that he has duly informed the receiver that UPS may use the receiver’s personal data in accordance with the above linked UPS Privacy Notice in effect at the time of shipping with regard to uses other than those specified in subsection 11.1 above.

12. Claims Procedure – Prescription

All claims against UPS must be notified 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 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.

UPS Supplemental Terms and Conditions of Service

V092024

This Agreement (“Agreement”) is made and entered into by and between you (“Customer”) and United Parcel Service Inc., an Ohio Company (“UPS”). This Agreement sets forth the terms and conditions under which UPS and its affiliated entities provide package shipment pickup, transportation and delivery services (“Services”), The Services are provided at the rates displayed to Customer at the time of shipment (“Rates”), are further (i) described in the applicable UPS^® Rate and Service Guide (“Service Guide”) and provided subject to the Service Guide and UPS^® Tariff/Terms and Conditions of Service published in the shipment origin country at the time of shipping (“Tariff Terms”), both of which can be found at www.ups.com, and (ii) any additional terms and conditions set forth in this Agreement that apply to specific Services described herein.

All Services provided by UPS (whether or not such Services are named or specifically referenced in the Tariff Terms and/or Service Guide) are governed by the Service Guide and Tariff Terms published in the shipment origin country at the time of shipping, both of which are incorporated herein by this reference. The Tariff Terms include, but are not limited to, a limitation on UPS’s liability in connection with its provision of the Services and the opportunity to purchase additional protection against loss or damage for an additional charge. For certain origin countries or territories such as the United States, the Tariff Terms include an agreement to arbitrate disputes with UPS or related UPS parties on an individual basis (except as otherwise provided), which applies to any and all claims or controversies arising from or related to the provision of Services by UPS, as set forth in the Tariff Terms.

The applicable Tariff Terms can be found at the UPS website for your country, which is available at www.ups.com, and the Tariff Terms for the United States are currently located at the following hyperlink: https://www.ups.com/assets/resources/webcontent/en_US/terms_service_us.pdf or at such replacement URL as may be updated from time to time and is provided here for convenience only.

The applicable Service Guide can be found at the UPS website for your country, which is available at www.ups.com, and the Service Guide for the United States is currently located at the following hyperlink: https://www.ups.com/assets/resources/webcontent/en_US/retail_rates.pdf, or at such replacement URL that may be updated from time to time and is provided here for convenience only.

Customer expressly acknowledges having reviewed, understood and agreed to the Tariff Terms and Service Guide and accepts their application.

The Service Guide and Tariff Terms are subject to change at any time without prior notice. In the event of a conflict or inconsistency between the Service Guide or the Tariff Terms and this Agreement, the terms of this Agreement shall control. Capitalized terms used but not defined herein have the meaning ascribed to such terms in the Service Guide or Tariff Terms, as applicable.

Under this Agreement, UPS offers the Rates only to Customer and will only apply the Rates to a single UPS shipping account. Customer is prohibited from reselling or offering the Services or Rates to any other party without the prior written consent of UPS and failure to comply with this prohibition may result in immediate cancellation of this Agreement. Customer acknowledges that charges for Value-Added Services, Other Charges, or other fees, accessorial charges, or surcharges may apply to Customer or a shipment.

UPS may, at any time and in its sole and unlimited discretion, terminate, modify, suspend, extend or discontinue all or part of the Services, Rates, or this Agreement without liability to Customer or any third party, either by notice posted at www.ups.com, notice provided directly to Customer, or notice otherwise reasonable under the circumstances. This Agreement will remain in effect until such time as UPS provides such notice of termination of the Rates, the Services or this Agreement.

The following terms apply to all Customers’ use of information provided and/or received in connection with the Services:

Provision of Customer Information to UPS. Customer represents and warrants that (i) it has the right to provide the information Customer transfers to UPS (directly or through a UPS partner platform) in connection with its use of the Services (“Customer Information”), (ii) Customer Information provided pursuant to this Agreement is true, accurate, complete and current, and (iii) Customer has provided appropriate notice to and if required under applicable law, obtained appropriate, voluntary, specific, informed, and effective consent from each data subject associated with any Customer Information provided to UPS allowing for the processing of such information, including the transfer of such information to the United States or other countries or territories whose laws may not provide the same level of protection for personal information as the laws of the country or territory of origin of such individual. Customer acknowledges and agrees that UPS will not be required to investigate or question the validity or accuracy of any Customer Information.

Customer’s Use of Service Information. Customer may use information received from UPS in connection with the Services (whether directly from UPS or through a UPS partner platform through which the Services are made available) (“Service Information”) for its own internal business purposes only. Without limiting the foregoing, Customer is not authorized to use Service Information to: (i) support any business primarily directed to offering transportation services or transportation information services to third parties; or (ii) assist in service or rate negotiations, directly or indirectly, to secure transportation or logistics services from UPS, its affiliates, or any third party. Customer may disclose Service Information to its affiliates and third parties having a bona fide interest in such Service Information (e.g., Customer’s contracted logistics provider, or consignee). For clarity, the foregoing authorization does not permit Customer to provide the Service Information to any UPS competitor, billing auditors, or data analytics provider that offers performance and/or financial analytics services for shipping transportation providers or related data analytics services.

The following additional terms and conditions apply to Customer, depending on the selected Service options as described below:

For authorized users of UPS Worldwide Economy, the additional terms and conditions (“UPS Worldwide Economy Service Terms”) set forth below will also apply.

Applicable Terms.

UPS Worldwide Economy service is provided pursuant to these UPS Worldwide Economy Service Terms. The UPS Worldwide Economy Rate and Service Guide, UPS^® Tariff Terms and Conditions of Service (“Tariff Terms”), UPS Rate and Service Guide (“Service Guide”), and the Agreement are expressly incorporated into these UPS Worldwide Economy Service Terms by this reference. As set forth above, for certain origin countries or territories such as the United States, Customer will be subject to the arbitration obligation contained in the Tariff Terms published in the shipment origin country at the time of shipping. In the case of a conflict between these UPS Worldwide Economy Service Terms and any other terms in the UPS Worldwide Economy Rate and Service Guide, the UPS Tariff Terms, the UPS Rate and Service Guide, or the Agreement, these UPS Worldwide Economy Service Terms shall govern.

The applicable UPS Worldwide Economy Rate and Service Guide can be found at the UPS website for your country, and the UPS Worldwide Economy Rate and Service Guide is currently located at the following hyperlink for the United States https://www.ups.com/assets/resources/webcontent/en_US/ww_economy_preview_rates.pdf, or at such replacement URL as may be updated from time to time, which is provided here for convenience only).

As set forth above, the applicable Tariff Terms can be found at the UPS website for your country, which is available at www.ups.com, and the Tariff Terms for the United States are currently located at the following hyperlink: https://www.ups.com/assets/resources/webcontent/en_US/terms_service_us.pdf or at such replacement URL as may be updated from time to time, which is provided here for convenience only.

Customs Clearance Services.

For the DDP Option, Customer agrees to the following customs clearance service terms set forth in these UPS^® Worldwide Economy Terms and Conditions:

Customer authorizes and grants a power of attorney to a licensed transportation partner chosen by UPS to act as your customs broker for any shipment. The licensed transportation partner will transact business with foreign revenue authorities to clear your shipment and account for duties and taxes on your behalf.

For shipments into the European Union, you consent to and appoint the licensed transportation partner to act in the capacity of a “Direct Representative.” In accordance with Article 5 of Council Regulation (EEC) no. 2913/82 and the customs code, a “Direct Representative” acts in the name of and on behalf of another person.

UPS or its licensed transportation partner may be required to advance on Customer’s behalf certain duties and taxes. In this event, the Customer will be assessed an amount based on UPS’s best estimate of the duties and taxes it will need to advance and a customs clearance fee, plus a percentage surcharge pursuant to prior agreement between Customer and UPS. The amount may not reflect the actual duties and taxes paid to complete clearance of the goods through customs. The amount will vary by country. Unless otherwise agreed by UPS, Customer shall be liable for any and all duties and taxes paid by UPS or its transportation partner on Customer’s behalf. At UPS’s sole discretion, it may require advance payment or confirmation of reimbursement arrangements as a precondition to completion of clearance and delivery including, but not limited to, cases of deliveries to recipients that UPS believes are not creditworthy and of shipments with high declared values. Any rates quoted by UPS for carriage are inclusive of local airport taxes but exclusive of any value added taxes, duties, levies, imposts, deposits, or outlays incurred in respect of carriage of the Customer’s documents or goods. In the event Customer fails to pay, the Package will not be shipped, or if already shipped, the shipment may be returned to the Customer or placed into a general order warehouse or a customs-bonded warehouse. The Customer must then pay the advanced duties/taxes, the original transportation charges, and the return charges.

UPS and its licensed transportation partner will not be liable for any penalties imposed or loss or damage incurred due to the impoundment of the Customer’s documents or goods by customs or similar authorities. Customer hereby agrees to indemnify, defend, and hold harmless UPS, its officers, directors, employees, agents and their successors and assigns and its licensed transportation partner and their officers, directors, employees, agents and their successors and assigns from any and all claims, demands, expenses or liabilities including but not limited to, fines, penalties, liquidated damages, storage charges, duties, fees, taxes, late payment fees or other money due, arising from the transportation, importation, exportation or customs clearance of shipments on behalf of the shipper or arising from the shipper’s noncompliance with the laws of the origin and destination countries or UPS’s requirements applicable to the shipment.

DDP Packages will be delivered on a Fully Landed Cost basis. “Fully Landed Costs” include transportation to any destination country available for the DDP Option and any duties, clearance fees, taxes, and all other fees needed to effect delivery. UPS reserves the right to charge additional duties and taxes to Customer if (i) the Harmonized Tariff Schedule (“HTS”) code Customer provides to UPS is deemed incorrect by the licensed transportation partner chosen by UPS to act as Customer’s customs broker; and (ii) the correct HTS code, as determined by such customs broker in its sole and unlimited discretion, requires higher duties and taxes than the HTS code provided to UPS by Customer.

If Customer does not provide an HTS code at the time of shipping, UPS reserves the right to determine the HTS code for the package based on the information provided by Customer, including but not limited to item description and country code. UPS takes no responsibility for any inaccurate HTS code. If the information provided by Customer is not sufficient or UPS is unable to determine the HTS code for a package, UPS reserves the right to return such package to Customer at Customer’s expense.

For DDP Packages exported from the United States, Customer shall act as the U.S. Principal Party in Interest (“USPPI”) and be responsible for compliance with all Automated Export System (“AES”) and Electronic Export Information (“EEI”) filings requirements. Customer authorizes UPS to file EEI on Customer’s behalf, based on information from Customer. Customer shall be responsible for compliance with applicable export control and international trade laws and conventions and licensing requirements, which includes, but is not limited to ensuring that all products requiring Export Control Classification Numbers (“ECCN”) are assigned to DDP Packages and that each ECCN is verified against the Export Administration Regulations (“EAR”). Customer may be required to provide additional powers of attorney or written authorizations as USPPI to facilitate EEI filing requirements.

Customer shall be responsible to ensure that the consignee or the party receiving the shipment is not a Restricted Entity. A “Restricted Entity” is any company, country, or individual on any list or program maintained by any governmental agency of the United States restricting the export of any items to or financial transactions with specific individuals, companies, or other entities, which, includes, but is not limited to, the Office of Foreign Assets Control (“OFAC”) list of Specially Designated Nationals and Blocked Persons and the Denied Persons List or the Entity List maintained by the Bureau of Industry and Security of the U.S. Department of Commerce. Customer shall not tender for UPS Worldwide Economy service any shipment to a party that is a Restricted Entity.

For the DDU Option, Customer agrees to the following customs clearance service terms set forth in these UPS^® Worldwide Economy Terms and Conditions:

For the DDU Option, when a DDU Package requires customs clearance, it is the Customer’s obligation to provide, or to ensure that the consignee will provide, UPS with complete and accurate documentation for the purpose but UPS will, unless instructed otherwise, act on behalf, at the expense and at the risk of the Customer in obtaining customs clearance. The Customer also agrees that UPS may be considered as being the receiver of the Package for the sole purpose of appointing a customs broker to carry out any customs clearance insofar as is allowed by law. Customer authorizes UPS to instruct third parties to perform customs clearance of the DDU Packages as may be necessary. If UPS is required to pay any taxes, duties or levies on behalf of the Customer, consignee or a third party, or if any taxes, duties, penalties, charges or expenses are imposed, rightly or wrongly by government authorities, or incurred by UPS due to any circumstances, including any failure by the Customer or the consignee to provide correct information and documentation or any permits or licenses required in connection with carriage, the Customer shall be liable to UPS and indemnify them on first written demand for all such amounts unless they are collected by UPS from the consignee immediately upon delivery.

For DDU and DDP Packages destined to the United States, if multiple Packages are sent to a single consignee, the combined commercial value of those Packages must not exceed $800 USD in a single day.

Packaging; Screening and Inspection.

Customer consents to the screening of its packages.

Size and Weight Limits; Packaging.

Packages tendered for UPS Worldwide Economy service are subject to the weight and size limitations set forth above in the UPS Worldwide Economy Service Description, in effect at the time of shipping. Packages not conforming to these size and weight limits are subject to additional charges or may be returned to Customer at Customer’s expense. Customer understands that under the Transportation Security Administration regulations, UPS operates the UPS Worldwide Economy service as an “Indirect Air Carrier” and as such, UPS must refuse to offer for transportation by air any cargo shipment if the shipper does not consent to the screening of the cargo. By accepting these terms and conditions, I consent to the screening of my shipment. Customer consents to the screening of its Packages and Master Containers. In addition, UPS reserves the right to inspect all documents or goods consigned by the UPS Customer to ensure that all documents or goods are acceptable for carriage and that they may be carried to the countries of destination within the standard operating procedures of UPS. In making this reservation, UPS does not warrant that any particular item to be carried is capable of carriage and delivery without infringing the law of any country or state from, to or through which the item may be carried.

UPS Shipping Requirements and Restrictions.

Customer shall comply with: (i) the UPS Worldwide Economy Service Terms in effect at the time of shipping and all applicable UPS requirements, including restrictions on commodities and packaging (for DDP Packages); and (ii) the UPS Mail Innovations Service Terms and Conditions in effect at the time of shipping and all applicable UPS Mail Innovations requirements, including restrictions on commodities and packaging (for DDU Packages originating in the United States).

Customer is prohibited from shipping DDU Packages with a value greater than $400. Customer is prohibited from shipping DDP Packages with a value greater than $800. If found in the UPS system, UPS reserves the right to return such packages to Customer at Customer’s expense. Customer shall also ensure that Packages do not contain any item that UPS prohibits or states that it does not accept, as set forth in the UPS Tariff in effect at the time of shipping.

Customer shall not tender, and UPS will not accept for UPS Worldwide Economy service, Packages containing lithium batteries, hazardous materials (defined as those materials regulated under Title 49 of the U.S. Code of Federal Regulations or USPS Publication 52), dangerous goods (defined as those materials subject to the Dangerous Goods Regulations by Air prepared by the International Air Transport Association (“IATA”) or the International Civil Aviation Organization (“ICAO”), the European Agreement concerning the International Carriage of Dangerous Goods by Road (“ADR”), or the International Maritime Dangerous Goods Code (“IMDG”)), or other items subject to regulation under Title 49 of the U.S. Code of Federal Regulations (including Limited Quantity (ORM-D)).

UPS is not a common carrier and will only carry Packages, documents, or goods that are the property of Customer and subject to these UPS Worldwide Economy Service Terms. UPS has absolute discretion and reserves the right to refuse to carry any other Packages, documents, or goods for any person, firm or company and to carry any other class of documents or goods. UPS, from time to time, shall notify customers of any documents or goods not listed in this Section that are not acceptable for carriage.

DDP Packages that UPS will not accept for UPS Worldwide Economy service include, but are not limited to, Packages containing:

gold and silver bullion, coin, dust, cyanides, precipitates, or any form of uncoined gold and silver ore bullion, platinum and other precious metals, precious and semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality;

cash or currency equivalent items, gift cards, gift certificates, prepaid cards (any card or other media with stored currency value or other value), cryptocurrency, negotiable securities, stocks, bonds, certificates, uncancelled postage or revenue stamps, war savings or thrift stamps, blank or endorsed bank cashiers' checks, money orders or traveler's checks, letters of credit, antiques, pictures;

merchandise for commercial, government, or military use, resale, or bulk orders (e.g., business-to-business or “B2B” shipments) except for destinations United States, United Kingdom, Germany, Australia, Switzerland, and Norway;

merchandise without a commercial transaction (e.g., consumer-to-consumer shipments or corporate gifts to employees) or refurbished or used merchandise, except for destinations United States, United Kingdom, Germany, Australia, Switzerland, and Norway. Canada is allowed only from origins other than the United States.

items that do not meet intellectual property rights, trademark, or copyright regulations in the destination country;

dangerous, hazardous, combustible, or explosive materials, including aerosols, items containing gas under pressure, flammables such as inks, paints, and alcohol-based perfumes, or any other items classified as dangerous goods or not permitted for transport on passenger aircraft;

tobacco, vaping, e-cigarette, and related products, including but not limited to any “Tobacco Products” as defined at www.ups.com/tobacco at the time of shipping;

consumables (e.g., medicines, drugs, food, liquids, cosmetics, etc.), either packaged separately or in kits, except as otherwise set forth in the Agreement; with the exception of dairy and chocolate commodities, food and cosmetics are allowed to destinations United States, Canada, United Kingdom, Germany, Australia, Switzerland, and Norway. Shipment value for food and cosmetics must be lower than the destination country’s duty de minimis level. If destined to Canada, additional import fees may apply for food and cosmetics.

batteries, either inside a device or packaged separately, except as otherwise set forth in the Agreement or except those that meet Section II packing requirements.

animals (whether or not live, dried, frozen, or otherwise prepared), any edible animal products, or any byproducts of animals listed in the Appendices to the Convention on International Trade in Endangered Species (CITES) at the time of shipping (https://cites.org/eng/app/appendices.phphttps://cites.org/eng/app/appendices.php) except as otherwise set forth in the Agreement;

vegetation (whether or not live, preserved, prepared, or byproducts) and natural or biological samples (e.g., dirt, rocks, plants, etc.), except as otherwise set forth in the Agreement;

weapons or weapon accessories (e.g., knives, guns, gun scopes, gun optics, or gun cases), or thermal imaging merchandise, except as otherwise set forth in the Agreement; or

Promotional products shipping is not permissible to the country of Canada with the UPS Economy DDP service as these transactions are formally considered business-to-business-to-consumer and not business-to-consumer.

In the event any Customer shall consign such items to UPS, the Customer shall indemnify UPS for all claims, damages and expenses arising in connection therewith, and UPS shall have the right to deal with such items as it shall see fit, including the right to abandon carriage of the same immediately upon UPS’s having knowledge that such items infringe these UPS Worldwide Economy Service Terms.

Customer shall be responsible for any penalties, fines, or other damages that may arise as a result of Customer’s failure to comply with UPS, UPS Mail Innovations, or USPS requirements. Customer acknowledges and agrees that Customer will bear all legal and financial responsibility associated with being exporter of record for any and all export transactions undertaken pursuant to UPS Worldwide Economy service, and that neither UPS nor any UPS affiliate will be responsible for export classification or compliance with export control laws applicable to the exporter of record.

Customer warrants that all Packages tendered for UPS Worldwide Economy service comply with all applicable export control and international trade laws and conventions and licensing requirements, including origin country export rules and destination country import rules. Customer agrees to indemnify, defend, and hold harmless UPS and UPS affiliates from any liabilities, damages, costs, or expenses arising from or relating to any breach of this warranty.

Customers are prohibited from shipping DDU with a value greater than $400 USD (or Local Currency Equivalent) and DDP Packages with a value greater than $800 USD (or Local Currency Equivalent). If packages with a higher value are found in the UPS system, UPS reserves the right to return such packages to Customer at Customer’s expense. Customer shall also ensure that Packages do not contain any item that UPS prohibits or states that it does not accept, as set forth in the UPS Rate and Service Guide and the UPS Terms and Conditions of Carriage in effect at the time of shipping.

DDU Packages that UPS will not accept for UPS Worldwide Economy Service include, but are not limited to, packages containing:

valuable contents (e.g., gold, silver, jewels, watches, coins, banknotes, and bearer securities).

goods requiring refrigeration or heating in excess of normal transport handling.

illegal drugs and narcotics.

live animals

items which are prohibited by the Universal Postal Convention and the import provisions of individual countries.

DDU Packages destined to the United States shall also comply with the restrictions applicable to DDP Packages.

Customer shall be responsible for any penalties, fines, or other damages that may arise as a result of Customer’s failure to comply with UPS requirements. Customer acknowledges and agrees that Customer will bear all legal and financial responsibility associated with being exporter of record for any and all export transactions undertaken pursuant to UPS Worldwide Economy Service, and that neither UPS nor any UPS affiliate will be responsible for export classification or compliance with export control laws applicable to the exporter of record. Customer warrants that all packages tendered for UPS Worldwide Economy Service comply with all applicable export control and international trade laws and conventions and licensing requirements, including UK export laws and destination country import rules. Customer agrees to indemnify and hold UPS harmless from any liabilities, damages, costs, or expenses arising from or relating to any breach of this warranty.

7. Transit Time.

The time and date of delivery for any package tendered for UPS Worldwide Economy service is not guaranteed. The UPS Service Guarantee as set forth in the applicable UPS Tariff is not available for packages tendered for UPS Worldwide Economy service. Customer, on behalf of itself and its consignees, waives any right or claim for damages or liabilities of any kind against UPS or any third party carrier arising from or relating to delayed delivery of packages tendered for UPS Worldwide Economy service.

Mode of Transportation; Delivery.

UPS may provide UPS Worldwide Economy service via any mode of transportation in its discretion. Customer consents to and acknowledges that transportation for Packages, including for shipments to certain countries, may be made in whole or in part by third party carriers in UPS’s sole discretion. Only one delivery attempt shall be made on each Package.

Packages tendered for UPS Worldwide Economy service may be shipped via third party carrier from the export site to the destination country for final delivery through either the UPS Worldwide Economy Service network or the UPS Mail Innovations network.

All packages are delivered with no signature required.

Undeliverable Packages.

DDP and DDU Packages that cannot be delivered will be destroyed.

Termination of Service.

UPS shall have the right to terminate UPS Worldwide Economy service to Customer immediately if Customer fails to comply with any of these UPS Worldwide Economy Service Terms or the terms of any Agreement, or if UPS terminates or suspends the UPS Worldwide Economy service offering in its entirety.

Pricing.

UPS Worldwide Economy rates are those rates displayed through an authorized UPS partner platform. Customer shall pay the rates and charges applicable to UPS Worldwide Economy service. The rates and charges for UPS Worldwide Economy service are subject to change by UPS at any time for any reason without notice.

Packaging.

Customer shall ensure that packages and their contents are appropriately packaged for safe shipment in accordance with all applicable laws, regulations, and transportation requirements.

Tracking with Delivery Confirmation.

Tracking with delivery confirmation is available for DDP packages. Tracking with delivery confirmation is available for select DDU packages.

Liability and Limitations.

The Customer is liable for all losses, damages and expenses arising as a result of the Customer’s failure to comply with obligations under these Conditions or as a result of the Customer’s negligence. These UPS Worldwide Economy Service Terms expressly exclude UPS and UPS servants and agents from any liability for certain losses and damage and limit the amount of liability of UPS and UPS servants and agents for other losses and damage to the amount stated herein. Customers are therefore advised to obtain their own insurance for any losses and damages that are not expressly accepted by UPS.

UPS’s maximum liability for any and all losses or damages due to any legal theory for each DDP Package is limited to a value of one hundred dollars ($100). Customer agrees that the released value of each DDP Package is no greater than $100, which is a reasonable value under the circumstances surrounding the UPS Worldwide Economy service.

UPS shall not be liable for the loss, damage, or delay of DDU Packages.

Customer acknowledges that it does not wish to declare an additional value for any package to avoid the limitations of liability set forth herein. If Customer makes a declaration of value in excess of the limits set forth herein, Customer and UPS will consider such declaration to be null and void. If Customer desires cargo insurance, all risk insurance, or another form of insurance, Customer acknowledges that it should purchase such insurance from a third party. Customer, on behalf of itself and its consignees, waives any right or claim for loss or damage to a Package in excess of the limitations of liability set forth herein.

UPS is not an air transport carrier within the Warsaw Convention of 1929 and subsequent air carriage treaties and legislation. UPS acts as agent for UPS Worldwide Economy service Customers when consigning documents or goods with a particular airline for onward carriage, and without prejudice to UPS’s general right of subrogation, UPS shall have the right to recover compensation from any airline for loss, damage or expense incurred by any customer on behalf of that customer.

Customer agrees that a UPS delivery scan, including a driver release delivery record or a record of delivery to a third party carrier, shall constitute valid and conclusive proof of delivery. Where a delivery scan for a Package has been provided as proof of delivery, UPS shall not be liable for, and Customer agrees to hold UPS harmless from, any and all claims arising from delivery of such Package, including loss, theft, nondelivery, or delayed delivery.

UPS’s exclusions from liability contained in the Tariff Terms are expressly incorporated herein, as modified herein. Under no circumstance will UPS be liable for any Package after tender to a third party carrier.

IN NO EVENT SHALL UPS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING LOSS OF INCOME OR PROFIT OR DAMAGES ARISING FROM LOSS OR DAMAGE TO DOCUMENTS OR GOODS, MISDELIVERY, DELAYED OR FAILED DELIVERY, WHETHER OR NOT UPS KNEW OR SHOULD HAVE FORESEEN SUCH POSSIBLE DAMAGES AND WHETHER OR NOT UPS WAS NEGLIGENT OR ENGAGED IN WILLFUL MISCONDUCT.

Severability; Governing Law.

All provisions of these UPS Worldwide Economy Service Terms are severable. The law of Delaware applies without regard to conflict of law rules.

UPS Terms and Conditions of Carriage

UPS Supplemental Terms and Conditions of Service

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