UPS Declared Value Terms & Conditions
Where Customized Declared Value applies to a shipment, save where mandatory Convention Rules require otherwise and to the maximum extent permitted by applicable national law, UPS and Customer agree that the maximum liability of UPS in relation to each package or pallet in a UPS Worldwide Express Freight® shipment and the maximum value of each package or pallet tendered by Customer to UPS for delivery shall be limited to proven damages not exceeding the lesser of: (a) sales invoice value of the goods contained in the package or pallet; (b) the amount declared in the Declared Value field of the Shipping System; (c) the cost to repair damaged property; (d) $2,500 CAD for international packages containing jewellery or watches, excluding costume jewellery or costume watches, unless a higher value is accepted for transportation via UPS pursuant to a International High-Value Waiver Agreement with Customer; (e) $10,000 CAD per package subject to a limit of $100,000 CAD per multi-package shipment; or (f) $100,000 CAD per pallet in a UPS Worldwide Express Freight® shipment.
In the event a packing list cannot be provided for a shipment, the maximum liability of UPS for each package or pallet will be based on the ratio of the weight of the package(s) or pallet(s) versus the weight of the shipment. This ratio will then be applied to the Declared Value of the shipment to calculate the maximum liability for each package or pallet. In the event of partial loss or damage to a pallet in a UPS Worldwide Express Freight shipment, UPS shall be liable only for the value of the contents of the pallet lost or damaged, and not the value of the full pallet.
Reimbursement for proven damages up to the limits of liability set forth above shall be Customer’s sole remedy for loss or damage in connection with any shipment subject to this Agreement. Save where mandatory Convention Rules require otherwise and to the maximum extent permitted by applicable national law, in no event shall UPS be liable to Customer for any special, incidental, indirect, or consequential damages or purely economic losses (such as the costs of any alternative means of transport, loss of profits, loss of business opportunities or loss of revenue resulting from loss of use or damages or other sums payable to third parties) arising from any loss of, damage or delay to a package, pallet or shipment or arising out of this Agreement, whether or not a value has been declared in respect of the relevant shipment and regardless of whether UPS is advised in advance of the possibility of such damages.
When Customer declares a value, it does not receive any form of insurance.
Notwithstanding anything to the contrary contained herein, this Agreement may be terminated immediately at any time by UPS, without cause and without liability, without need of judicial resolution, upon written notice to Customer; provided, however, that such termination shall not affect the application of Customized Declared Value to shipments accepted for shipment prior to the date of termination. The termination of this Agreement shall not automatically result in the termination of any service agreement, including the UPS Terms and Conditions of Carriage, the Guide, and any other agreement with Customer.
UPS, in its sole discretion, reserves the right to supplement, amend or modify this Agreement at any time (including any change in pricing to Customer on Customized Declared Value) upon written notice to Customer at least five (5) days prior to the effective date indicated in the notice. Such supplement, amendment or modification shall become effective as of the date indicated in the notice.
The following conditions must be strictly complied with in order for this Agreement to apply to any package or pallet:
- Customized Declared Value will only apply to shipments made in accordance with the UPS Packaging Guidelines.
- This Agreement applies only to physical loss and damage to the following products whilst being shipped by UPS: Miscellaneous.
- Shipping labels must be created and shipments must be processed on a UPS Package Level Detail compliant shipping system (UPS OnLine WorldShip, UPS Internet shipping, UPS CampusShip) with timely upload of Package Level Detail information to UPS. This Agreeement does not apply to packages or pallets shipped using UPS Waybills or non-digital waybills.
- The maximum liability of UPS in relation to each shipment shall be the lesser of: (a) the value of the product shown in the same bill of sale, (b) any other proof of value deemed acceptable by UPS, or (c) the Declared Value amount entered in the Declared Value field.
- All claims filed by the Customer must include properly invoiced and documented proof of value for the total value of the commodity (such as a contract signed by the end user and/or proof of the final charge to the end user). The claim will be paid up to the amount of the properly invoiced and documented proof of value, not to exceed the Declared Value amount entered into the Declared Value of Carriage field of the UPS approved shipping system (WorldShip, CampusShip, UPS Internet Shipping). In the event the properly invoiced and documented amount is less than the Declared Value, payment will be made up to the properly invoiced and documented amount.
- All fragile goods must be packaged using adequate materials which should include, but not be limited to: double or triple corrugated boxes, molded foam on all six sides of the box (large bubble wrap when necessary for fragile shipments; provided that it covers a minimum of 10 centimeters of thickness between the product and all six sides of the box). Packing peanuts and/or any kind of paper are not considered proper packaging material for fragile goods.
- All goods that are made of glass or contain glass, must be packaged using two boxes. One box must be inside of the other and the packaging in each box must include bubble wrap to protect the contents of the package. The outside box must be labeled with “fragile” stickers, and no additional products may be put in a package that contains a glass product.
- Each shipment must contain a manifest list with all products contained in each box.
- High value items should not be packaged or shipped with any indication of the contents of the package. This includes, but not be limited to: brands, markings, company and/or product logos, or product descriptions. High value packaging must also include the use of acceptable and approved packaging tape on all shipments that does not include any kind of commercial branding. UPS Letter envelopes and UPS Pak envelopes are not an acceptable form of packaging.
- Perishable goods such as [Pharmaceutical, etc.] or any similar goods that are perishable, should be packaged using proper materials that are resistant to temperature change. This should include, but not be limited to: boxes lined with thermal insulation, dry ice and/or gel packs.
- Customized Declared Value shall apply to televisions up to 42 inches in size, provided that the commodity is accepted for shipment. Shipments of televisions which are 43 to 60 inches in size will be applicable in case of loss only.
- CDV protection for shipments of used, refurbished and/or rebuilt goods will be applicable in case of loss only. Damages caused to used, refurbished and/or rebuilt goods will be excluded from CDV protection.
- Packages that may be received for delivery at a UPS Access Point™ location are subject to restrictions, including, without limitation, in regard to weight and size and actual and declared value, as such restrictions are set forth in the UPS Terms and Conditions of Service.
- Subject to modification by the Customer, UPS Access Point™ locations will hold packages for up to seven (7) calendar days. If the shipment is not picked up within seven (7) calendar days (or other time selected by the Customer), it may be returned to the Customer, as undeliverable.
- Releasing any shipment at a UPS Access Point™ location to a consignee or other recipient, a shipper, consignee, or other recipient may be required to produce sufficient verification of authorization to receive the shipment including, without limitation, provision of government-issued identification.
- CDV does not apply to losses that occur during the international customs process.
- In the event of loss or damage to documents, costs associated with reconstruction or replacement will be reimbursed up to the lesser of (a) the costs associated with reconstruction or replacement or (b) [$300 CAD].
- For packages valued below [$300.00 CAD], a declared value of $1.00 CAD (One Dollar 00/100) must be inserted in the UPS approved shipping system (WorldShip, CampusShip, UPS Internet Shipping). Protection for lost packages [and for damages caused to such packages] will be provided for packages valued up to $300CAD/100). [Protection for damages caused to packages will be provided for packages valued up to $300.00 CAD (Three hundred dollars 00/100), in which case, the respective reparations cost are valued up to $300CAD /100).
- If a shipment incurs damage or partial loss, Customized Declared Value will only apply if the original internal and external packaging is retained. If packaging is discarded, the claim will not be authorized.
- If the goods incurs damage or partial loss, Customized Declared Value will only apply if the original goods are retained. If the goods are discarded, the claim will not be authorized.