Domestic Service Policy

DOMESTIC SERVICE POLICY

Terms and Conditions of Carriage

INTRODUCTION

These terms and conditions (hereinafter referred to as “terms”) determine the basis by which UPSL will transport packages, documents and envelopes (“packages/ shipments”) to customers on behalf of a shipper within The Republic of Trinidad and Tobago. These terms therefore contain important details about the services of UPSL which the shipper shall agree to thereby creating an agreement between UPSL and the shipper.

The shipper agrees that such terms shall apply thereby creating an agreement between UPSL and the shipper from the moment UPSL accepts the shipment from the shipper unless there is an alternative agreement in writing.

This is the current version (as at the date of publication) of these terms. Please visit www.universalpackagesys.com or any UPSL Office, for the updated terms; most applicable for new shipments.

1. General Scope of Service

UPSL will provide a delivery service limited to the collection, transportation, and delivery of the shipment within the Republic of Trinidad and Tobago. Special services must be requested by the shipper and confirmed in writing from UPSL. By accepting these Terms and Conditions of Carriage, the shipper acknowledges that:

  1. The shipments will be consolidated with those of other shippers for transport;
  2. UPSL may engage sub-contractors to perform services and contracts both on its own behalf and on behalf of UPSL. These sub-contractors are bound by this guide;
  3. “Waybill” shall mean a single UPSL waybill/consignment note or the entries recorded against the same date, address and service level on a collection record;
  4. All packages covered under a Waybill shall be considered a single shipment. A shipment may be transported via any intermediate stopping places that UPSL deems appropriate.
2. Conditions of Carriage

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

  1. Packages must not weigh more than 70 lbs or exceed 8 FT in length and girth combined.
  2. The value of any package must not exceed the value of TT $10,000.00 per any one item.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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

  1. 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.
  2. 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.
  3. 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.

2.3

  • 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.

2.4

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.

2.5

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.

2.6

UPSL reserves the right, to open and inspect, or scan by means of X-ray, any shipment tendered for transportation at any time.

2.7

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.

2.8

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.

3. Terms of Payment

The Payment rates for carriage are available at any UPSL counter and the UPSL website (www.universalpackagesys.com). Payment rates are based on the destination and billable weight of the shipment as verified by our UPSL professionals.

3.1.

The shipper is required to pay all charges within seven (7) days of the receipt of the invoice from UPSL, or as otherwise directed by way of written permission from UPSL.

3.2.

Failure to pay UPSL in full by this time, will result in penalty by way of:-

  1. A written notice of outstanding payment after the seven (7) days have elapsed, and notice of accrued interest to be added at the rate specified on the invoice to date payment is received.
  2. An additional charge which UPSL reserves the right to impose on late payments (over 30 days) known as a “late payment administration fee”. This fee can range up to a maximum of 2%.

3.3.

UPSL reserves the right to suspend carriage, should the receiver/shipper fail to pay the sum under these terms and conditions, until such payment is submitted. UPSL also reserves the right to sell the shipment (or any part thereof) to rectify any outstanding debts owed to UPSL, from the shipper, in accordance with all applicable local laws. The balance of this will be submitted to the shipper.

3.4.

The shipment will be subject to an additional carriage charge of 10% of the value of the shipment in excess of the limit of value as set out in section 2.1.

3.5.

Any shipment which is valued over the acceptable limit of value as set out in section 2 of these terms and conditions must be sanctioned via written permission from UPSL to be shipped and an additional fee applied.

4. Collect on Delivery (COD)

UPSL will receive cash or cheques, in the amount specified on the Air Waybill from authorized receivers of shipments as payment. To find out which services require additional charges, contact our Head Office.

4.1.

UPSL will operate under the currency of Trinidad and Tobago dollars only.

4.2.

UPSL will receive cash up to a maximum of $5000.00TT on behalf of a shipper.

4.3.

The COD amount will be equivalent to the cost of carriage to the destination and all additional charges.

4.4.

If a shipper specifies on the Waybill, a COD amount which exceeds the prescribed limit, UPSL will receive such payment by way of a cheque or LINX.

4.5.

UPSL will pay to the shipper the net cost of carriage, via wire transfer to the bank account of the shipper or issuance of a cheque via direct mail. The shipper is required to notify UPSL in writing within 30 days of the transaction, whether or not payment was received.

4.6.

  • Cash, LINX transactions bare a surcharge of 3.5% but credit card transactions carry a 4% surcharge of the total amount received by the courier.
5. Return to Shipper (RTS)

5.1

UPSL reserves the right to impose a “Return to Shipper (RTS) fee” for shipments which were not delivered for reasons beyond the control of UPSL.

5.2

The applicable RTS fee is based on the cost of returning the shipment in question from the UPSL Head Office to the shipper in question.

5.3

UPSL endeavours to exercise every possible effort and procedure within its power and control to deliver the shipment received from the shipper.

5.4

UPSL, in pursuance of its contractual obligations, shall fully discharge its obligation in conformity with the express and/or implied terms and conditions in the delivery of the shipment. Where the shipment remains undelivered in circumstances as aforesaid, UPSL will be obligated to provide the shipper with a written notification (via ordinary mail or e-mail) within fourteen (14) days commencing from the date UPSL determines that the shipment remains undelivered. The time of such notification will accrue from the date of such postage and/or email.

5.5

UPSL will generate a specific RTS label to be placed on the shipment for return, listing the shipper in question as “the shipper in care of UPSL”

5.6

The applicable RTS charges are available at the UPSL Head Office and website at universalpackgesys.com.

6. Liability

Liability of UPSL is governed by the laws of Trinidad and Tobago. Where Convention Rules or other mandatory national laws do not apply, UPSL 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.

6.1.

  • Where UPSL suspends or is unable to begin the process of shipment due to unforeseen circumstances to which UPSL bears no control over, UPSL will not be held liable under a breach contract to perform carriage of a shipment on behalf of a shipper. UPSL will instead inform the client within reasonable time of the predicament and with the client’s permission, ensure carriage is commenced/ continued. A comprehensive list of circumstances under which UPSL bears no control over is established in the Declared Value for Carriage Guide located at all UPSL counters and the website at universalpackagesys.com

6.2.

  • Where an individual bringing a claim against UPSL has caused or contributed to any loss, damage or delay to shipment in relation to such claim, any liability UPSL may incur in respect thereof, may be reduced or extinguished in accordance with the law applicable to such contributory negligence.

6.3.

  • UPSL will not be held liable for any financial losses or claims made against them in cases where the receiver/ shipper fails to make authorised payments or where the receiver refuses to accept the shipment resulting in the failure of the delivery of the shipment.

6.4.

UPSL will be held liable only in the lesser of the amount to be collected on delivery or the cod amount stated on the Waybill.

6.5.

UPSL will not be held liable for any dishonest/ fraudulent acts committed by or on behalf of the receiver or shipper.

6.6.

  • Unless Convention Rules or other mandatory national laws require otherwise, UPSL will not be held liable for any economic losses suffered by the shipper or receiver as a result of any loss, damage or delay in delivering the shipment.

6.7.

UPSL will only be liable for $500.00 per any one individual shipment.

6.8.

  • A shipper may receive a greater limit of liability by declaring a higher value on the Waybill and paying the applicable value surcharge as stipulated on the Declared Value for Carriage Guide located at all UPSL offices or the website at universalpackagesys.com. In such a case, UPSL will be liable to proven damages not exceeding the sum declared and the value of the goods must not exceed the limit stipulated in Section 2.
7. Delivery

7.1.

  • UPSL will only deliver the shipment to the receiver as stated on the Waybill and no other person. The receiver shall be informed of any alternate delivery arrangements by note left at their premises.

7.2.

UPSL may use technology to prove delivery.

7.3.

The  receiver will be required to sign for receipt of shipment.

7.4.

Unless Convention Rules or other mandatory national laws require otherwise, UPSL will not be held liable in any economic losses sustained by the shipper or receiver due to suspended carriage, redirected delivery (whether to a different receiver or address from that named on the Waybill) or return of a shipment to its shipper.

8. Claims

8.1.

UPSL will adhere to the terms and conditions of this agreement with respect to the receipt and delivery of any shipment and any legitimate claim by the shipper made against UPSL with respect to its obligations in its service intended to be provided shall be made by the shipper in writing to UPSL Customer Care Department within fourteen (14) days as prescribed in paragraph 5.4 herein or for any other loss incurred by the shipper.

8.2.

The provision in this agreement is made notwithstanding the Limitation of Certain Actions Act Chapter 7:09 as far as the shipper’s entitlement to bring an action against UPSL. The shipper hereby agrees that the shipper’s entitlement to institute Court action shall be within six (6) months of any alleged breach committed by UPSL under the terms and conditions of this agreement.

9. Entire Agreement & Severability

It is the intention of UPSL that all the terms of the contract between it and the shipper are contained in this document. 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 UPSL before the shipment is accepted for carriage by UPSL. If any part of these terms is not enforceable, this will not affect the enforceability of any other part.

10. Governing Law

These terms shall be governed by the laws of Trinidad and Tobago.