By accepting these Terms the shipper guarantees that all shipments presented for carriage under such terms comply with the restrictions and conditions listed in 2.1, inclusive of all various restrictions and conditions regarding carriage by which UPSL is mandated to abide by.
UPSL relies on the guarantee of the shipper in accepting any shipment for carriage hereunder that the shipments have been secured in preparation by the shipper (in the case of an individual shipper) or by reliable staff employed by him or by the party tendering the shipment to UPSL and such shipments have been protected against unauthorized interference during their preparation, storage and transportation to UPSL.
UPSL reserves the right in its absolute discretion to refuse carriage of any shipment tendered to it for transportation.
2.1 Service Restrictions and Conditions
- Packages must not weigh more than 70 lbs or exceed 8 FT in length and girth combined.
- The value of any package must not exceed the value of TT $10,000.00 per any one item.
- Shipments must not contain any of the following prohibited articles 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, counterfeit goods, explosives and ammunition, human remains, perishable goods, cut flowers and dangerous goods.
- Shipments must not contain goods which are prohibited by the laws of Trinidad and Tobago, endanger human or animal life or which might otherwise taint or damage other goods being transported by UPSL.
- The shipper shall be responsible for the accuracy and completeness of the particulars inserted in the Waybill and for ensuring that all shipments set out adequate details for the shipper and receiver of the shipment.
- The Shipper must ensure that the shipment/s are packed, marked and labeled and their contents are so described, classified and are accompanied by such documentation as may (in each case) be necessary to make them suitable for transportation and in compliance with the requirements of these Terms and Conditions and applicable law.
- The shipper shall be responsible for the adequate packaging of the shipment to guard against defective packaging which may deem the shipment incapable of being properly secured for transportation.
2.2 Refusal and Suspension of Carriage
- Where UPSL has determined upon inspection that a shipment does not meet one or more of the above restrictions and conditions or the COD amount stated on a COD Waybill exceeds the prescribed limit in 2.1.ii, UPSL may refuse to transport the relevant shipment (or any relevant part thereof) and, if carriage is in progress, UPSL may suspend carriage and hold the shipment (or any relevant part thereof) of the shipper’s order.
- UPSL may also suspend carriage where:
(a) the shipment cannot be effectively delivered;
(b) the receiver refuses to accept delivery;
(c )the address on the shipment is incorrectly stated and UPSL has taken all reasonable steps to locate the intended address;
(d) the correct address is found to be in another country which differs from the country set out on the shipment or on the Waybill;
(e)UPSL does not receive the amount due from the receiver upon delivery of the shipment.
- Where UPSL 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.
- The shipper will indemnify UPSL for the reasonable costs and expenses (including storage), incurred from any losses or taxes imposed on UPSL and for any claims made against UPSL where a shipment failed to meet one or more of the restrictions or conditions listed in section 2.1 or due to the refusal or suspension of carriage or return of a shipment (or any relevant part thereof) by UPSL in accordance with one or more conditions listed in section 2.2. In the case of the return of a shipment (or any relevant part thereof), the shipper will also be responsible for paying all applicable charges calculated in accordance with the prevailing commercial rates of UPSL.
Where the shipper submits a shipment which fails to comply with one or more of the restrictions or conditions listed in section 2.1 and no special written consent is obtained from UPSL, UPSL will not be held liable, for any losses sustained by the shipper (regardless of whether the failure to comply has caused or contributed to the loss and notwithstanding any negligence on the part of UPSL or its employees, contractors or representatives) Where UPSL does suspend carriage in accordance with one or more of the conditions listed in section 2.2. , the shipper shall not be entitled to any refund on the carriage charges paid. UPSL may bring a claim in respect of such non-compliance.
Where the carriage has been suspended (or any relevant part thereof) in accordance with the conditions listed in section 2.2 and UPSL is unable to, within a reasonable time, obtain the shipper’s instructions on its disposition or identify the shipper or any other person entitled to the goods (having if necessary opened the shipment), UPSL shall be entitled to destroy, release or sell the shipment (or any relevant part thereof), at their absolute discretion without incurring liability to the shipper or any related party. 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.
UPSL reserves the right, to open and inspect, or scan by means of X-ray, any shipment tendered for transportation at any time.
The shipper will indemnify UPSL for all losses, expenses, and claims made against UPSL by the receiver or a third party, where UPSL is unable to deliver a shipment due to the refusal or inability of the receiver to pay the COD amount or where the receive refuses to accept the shipment.
The liability of UPSL 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 exceed the value of the goods at their destination inclusive of the applicable carriage charges. The COD amount does not constitute declaration of a value and therefore shall not affect the liability of UPSL for any loss, damage or delay to the goods themselves.