UCS Terms and Conditions

Version 04/01/2008

The services we provide are subject to this Terms and Conditions and our service guide. The terms “We”, “Us” and “Our” through out this Terms and Conditions refer to UCS and “You” refer to you, the shipper. UCS means United Courier Service, and is the trademark of China Courier Service (USA) Corp. 

1. Restrictions  

1.1 We do not transport or ship any packages or articles with an actual weight of more than 70kg (150lbs) or exceed 270cm (108 inches) in length or a total of 330cm (or 130 inches) in length and girth combined. No exceptions. Without limitation to the weight and dimension, we do not transport or ship any packages or articles with a value in excess of USD50,000 (or the local currency equivalent). We will not packages containing jewelry (not including costume jewelry) having a value of more than USD500 (or the local currency equivalent). 

2. Prohibited article 

2.1 We do not transport or ship packages containing any prohibited articles. Prohibited articles include without limitation, articles of unusual value (such as coins, currency, postage stamps, negotiable instruments(except checks), money orders, unset precious stones, industrial diamonds) ,and dangerous goods. Please refer to our service guide for more information about dangerous goods. 

2.2 When you avail of our services, you expressly represent that your shipment is acceptable for transportation or shipment. Your package will be deemed unacceptable if: (i) it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA(International Air Transport Association), ICAO(International Civil Aviation Organization), any applicable government department or other relevant organization; (ii) no customs declaration is made when required by applicable customs regulations; (iii) We may in our sole discretion decide we cannot transport your package safely or legally(such items include but are not limited to: animals, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains, pornography, and illegal narcotics/drugs). 

3. Live animals 

3.1 Generally, we do not provide service for transportation or shipment of packages containing live animals. On an exceptional and limited basis, we may at our sole discretion accept packages containing live animals. Such transportation or shipment must be prearranged and will be provided only as per our service guide.   

3.2 You will 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 labeled, their contents so described and classified and are accompanied by such documentation as may be necessary to make them suitable for transportation or shipment and to comply with the requirements of the applicable International, Federal, State and local laws and our service guide.  

4. Refusal and Suspension of Service 

4.1 If we determine in our sole discretion that a package does not meet any of the above restrictions or conditions, we may refuse to transport the relevant package (or any shipment of which it is a part of) and, if carriage is in progress, we may suspend carriage and hold the package. 

4.2 We will return the package to the shipper if

(i) the consignee refuses to accept delivery or

(ii) we cannot be collect amounts due from the consignee on delivery

(iii) we cannot deliver to the consignee within three attempts.   

4.3 We do not deliver to PO Box or postal code addresses. A street address is required for us to attempt delivery. We will deliver the shipment to the consignee’s address provided by you when you first hand over the package to us, but not necessarily to the named consignee.  

4.4 If  the consignee refuses delivery or to pay for delivery, or the package is deemed to be unacceptable, or it has been undervalued for customs purposes, or the consignee cannot be reasonably identified or located, we will make reasonable efforts to return the package to you at your cost, failing which we will release, dispose of or sell the package without incurring any liability whatsoever to you or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale will be returned to you. 

4.5 If we refuse to transport or ship the package, we reserve the right to return the package to you. You will be responsible for the reasonable costs and expenses for such losses, taxes and customs duties which we may suffer and for all claims made against us because a package does not meet any of the restrictions above or because of our refusal or suspension of carriage or return of the package. We will not be liable or responsible for the loss of or damage to any package, the contents of which we are not authorized to accept, which we state we will not accept, or which we have a right to refuse. If we suspend service as set forth in these terms, you will not be entitled to a refund.  

5. Inspection 

5.1 We reserve the right to open and inspect any package to hand over to us for transportation or shipment. When you hand over the package to us for transportation or shipment, you expressly grant us the permission to open and inspect the package.  

6. Customs Clearance of International Packages 

6.1 You must provide all required documentation for custom clearance and you certify that all documents and information provided by you for custom clearance is true and correct. You expressly represent that you understand the civil and criminal penalties for providing incorrect information. If any custom penalties or additional charges are incurred as a result of any failure on your part to provide all necessary and correct information or proper documentation, we will charge the same to the consignee. If the consignee does not pay the same, you will be liable for same. We may at our discretion provide brokerage services for routine custom clearances at no additional charge. Complex clearance will require additional charges.   

7. Payment 

7.1 Calculation: We calculate shipment charges on the basis of the higher of actual or volumetric weight. We may re-weigh and re-measure any package to confirm this calculation. 

7.2 Time limit: Unless you have an account with us, all payment is due upon invoice. If you have an account with us, payment is due as per the terms of the account.  

7.3 Late fee: We reserve the right to charge a late payment fee in the amount set out in our invoice on any sums outstanding as of the specified payment due date. All payments are due seven (7) days from date of invoice. In the event any payment (full or part) is not paid within seven (7) days from the date of invoice, UCS reserves the right to charge a late fee of 5% of the outstanding amount or a $5 minimum. The late fee will be assessed fourteen (14) days past due. The late fee shall be in addition to any cost that may be incurred by UCS to collect the outstanding invoice amount. The charging of late fee and subsequent payment of the late fee does not waive your liability to pay all amounts you owe UCS or operate to preclude UCS from exercising any of its rights or remedies under applicable law. 

7.4 Other payments: Any payments made by us, including but not limited to taxes or other levies, damages, fines, expenses on your behalf or on behalf of consignee or some other party, shall be due and payable by you on demand. 

8. Service Guarantee 

8.1 We provide certain services with a money-back guarantee. If we fail to attempt delivery within the applicable time period, we may upon request, at our sole discretion refund the shipping charges, net of any surcharges, VAT, duties or any taxes and levies. 

9. Billing Options 

9.1 Subject to local laws, we provide the following billing options:

(i)Billing shipping charges to shipper/consignee/the designated third party having an account with us.

(ii)Billing duties and taxes to shipper/consignee/the designated third party having an account with us. 

9.2 You expressly guarantee the payment to us of all charges by the consignee or third party designated on the waybill. If you are not paying the shipping charges, you must notify the bill payer prior to shipping and that option must be indicated on the waybill in the space provided. 
 

10. Liability for Loss or Damage 

10.1 Our liability is governed and limited by the Warsaw or CMR Convention and applicable local laws. Where the Warsaw or CMR Convention rules and local laws do not apply, we will only be liable for failure to act with reasonable care and skill and our liability shall be exclusively governed by this terms and conditions and shall be limited to proven damages not exceeding USD 100.00 per shipment unless a higher value has been declared by you at the time of shipment. If you declare a higher value, and pay the applicable charges, our liability will be limited to a maximum of the declared value. The declared value cannot exceed the limited specified in the restrictions clause.  

10.2 You expressly acknowledge that our liability is strictly limited to direct loss only. We will not be liable for other types of loss or damage including but not limited to lost profits, income, interests, future business, whether such loss or damage was brought to our notice before or after acceptance of the package.  

11. Insurance 

11.1 We do not offer insurance services. If you want to insure your package, you should buy such insurance from third parties. We can upon request arrange for insurance by third parties for a fee. We will not be a party to the terms of the insurance between you and any third party.   

12. Claims 

12.1 UCS is not obligated to act on any claim until all transportation charges have been paid. If the consignee accepts the shipment without noting any damage, we will assume the shipment was delivered in good condition. 

12.2 Time limit: If you have any claim against us, you must file your claim in writing within 30 days from the date we accept your package for shipment or transportation.  

12.3 Procedure: You are entitled to one claim per shipment. The settlement of which will be full and final for all loss or damages in connection therewith. If you feel the settlement limit is insufficient, you must make special declaration and make insurance arrangements, failing which you assume all risks of loss or damage.  
 

13. Force Majeure 

13.1 We will not be liable for damages, for any failure of performance hereunder occasioned by an act of God, force of nature, war or warlike activity, insurrection or civil commotion, labor dispute, transportation delay, governmental regulatory action whether or not with proper authority or other cause similar or dissimilar to the foregoing and beyond our reasonable control. 

14. Shippers Warranties and Indemnity 

14.1 You expressly warrant that:

(i) All information provided by you is complete and accurate

(ii) The package was prepared by you or your employees in secure premises

(iii) The package and its contents do not violate any national or local laws.

(iv) The package is properly marked and addressed and packed to ensure safe shipment or transportation.

(v) The waybill is signed by you or your authorized representative.

(vi) You agree to be bound by this Terms and Conditions. 

14.2 You shall indemnify and hold us harmless for any loss or damage arising out of your failure to comply with any applicable laws or regulations and for your breach of the above warranties. 

15. Use of Data  

You expressly permit us to use any data you provide for improving our services, management analysis and monitoring, etc. We will not sell your data to any third party for commercial gains.  

16. Entire Agreement 

This Terms and Conditions together with our service guide represents the entire agreement and understanding between the parties with respect to the subject matter and supersedes any other agreement or understanding, written or oral, that the parties hereto may have had with respect thereto. All shipments are subject to the terms of our service guide.  

17. Severability 

If, for any reason, any provision of this Terms and Conditions is held invalid, all other provisions shall remain in effect. 

18. Governing Law 

The substantive laws of the State of California as applicable to contracts shall govern the validity and interpretation of this Terms and Conditions and all other causes of action (whether sounding in contract or in tort) arising out of or relating to this Terms and Conditions without giving consideration to principals of conflict of law. You hereby submit to the exclusive forum, jurisdiction and venue of the courts of California for any claim related hereto, arising herefrom or in connection herewith and agree not to bring any action, claim, suit or proceeding against us or any of our officer, director, partner or employee in any jurisdiction other than California. You expressly agree that any action to enforce a judgment may be instituted in any jurisdiction.