UPS General Conditions of Carriage.

This is the current version as of the date of publication of this Guide. The latest version, which
will always be the one valid for new shipments, can be found at www.ups.com

1. Introduction
A. These general conditions (the "Conditions") govern UPS's performance of the service of transportation of packages, documents and envelopes (the "packages") and goods stacked on pallet platforms (the "pallets"; jointly pallets and packages are hereinafter referred to as "shipments"). These terms and conditions are intended to be supplemented by the current version of the "UPS Services and Rates Guide" (the "Guide"). The Guide contains important details about the services offered by UPS, which form an integral part of the agreement between UPS and the shipper, and the shipper is required to be familiar with it.
B. In these general terms and conditions, "UPS" means United Parcel Service Italia S.r.l., located in Milan (IT), Via Fantoli 15/2 and 15/8. The contract shall be deemed to be between UPS and the shipper. Said company will also be considered as (initial) carrier under the Conventions referred to in letter C below.
C. If carriage by air involves a final destination or a stop-over in a country other than the country of origin, the Warsaw Convention may apply. The Warsaw Convention governs, and in many cases limits, the carrier's liability for loss, damage, or delay in delivery. (For purposes of these terms and conditions, "Warsaw Convention" means the applicable conventional rule between (i) the Convention for the Unification of Certain Rules Relating to International Carriage by Air, done at Warsaw on October 12, 1929, or (ii) such Convention as amended or supplemented by subsequent conventions or additional protocols, or (iii) the Convention for the Unification of Certain Rules Relating to International Carriage by Air, done at Montreal on May 28, 1999.) Notwithstanding any clause to the contrary, international land transportation may be subject to the provisions of the Convention on the Contract for the International Carriage of Goods by Road (CMR), signed in Geneva on May 19, 1956 (the "CMR Convention").
D. Shipments may be made with such intermediate stops as UPS deems appropriate. These terms and conditions will also apply to services performed and contracts entered into by subcontractors UPS may use, who will act on behalf of UPS itself or its employees, agents or subcontractors.
E. In these terms and conditions, "Waybill" shall mean a single UPS waybill/delivery note or entries in the pickup register, made on the same date and relating to the same address and service level. All packages and pallets related to the same Waybill shall be considered a single shipment.


2. Scope of Service.
Unless special services are agreed upon, the service provided by UPS is limited to the pickup, transportation, customs clearance, if necessary, and delivery of the shipment. Shipper acknowledges that its shipment will be made in conjunction with those of other shippers and that UPS will not be able to monitor all incoming and outgoing movements of individual shipments at the various sorting centers.
UPS is not an ordinary carrier and reserves the right, in its absolute discretion, to refuse carriage of any shipment entrusted to it for transportation.


3. Conditions of Transportation.
This section sets forth the various restrictions and conditions that will govern the transportation of shipments by UPS. It also governs what the consequences will be if the shipper delivers to UPS, for transportation, shipments that do not meet the requirements governed herein.
3.1 Conditions and Limitations of Service.
Shipments shall comply with the restrictions set forth in (i) through (iv) below.
(i) Packages must not weigh more than 70 kilograms (or 150 pounds) or exceed 274 centimeters in length or have a total measurement, between perimeter and length, greater than 400 centimeters. Pallets must comply with maximum weight and size limits, which may vary depending on the origin and destination, as indicated on the www.ups.com website.
(ii) The value of each package may not exceed the local currency equivalent of USD 50,000. Additionally, the value of the jewelry or watches in each package, excluding costume jewelry and costume jewelry watches, will not exceed the local currency equivalent of $500, unless otherwise indicated on ups.com/jewelry or for services Express in Europe whose value has been increased to the local currency equivalent of USD 2,500 per package. The value of each pallet cannot exceed the equivalent, in local currency, of 100,000 USD.
(iii) Shipments must not contain any of the prohibited items listed in the Guide including, but not limited to, items of exceptional value (such as works of art, antiques, precious stones, stamps, unique pieces, gold or silver) , money or negotiable bills (such as checks, bills of exchange, bonds, savings accounts, pre-paid credit cards, stock certificates or other securities), firearms and dangerous goods.
(iv) Shipments may not contain goods which may endanger human or animal life or cause damage to means of transport or which may otherwise damage or contaminate other goods transported by UPS or the transport, import or export of which is prohibited by law in force.
The sender will be responsible for the accuracy and completeness of the data entered in the Waybill and must ensure that all shipments contain the necessary identifying elements of the sender and recipient of the shipments and that they are packaged, labelled, described and classified in content and accompanied by the necessary documentation (from time to time) to make them suitable for transport and compliant with the requirements set out in the Guide and applicable law. Unless a different service option is clearly indicated in the Waybill or other applicable UPS shipping document, transportation will be performed under the UPS service.
Express (or Express Freight) (if available for the selected destination) and all applicable charges will be calculated accordingly.
The sender guarantees that all shipments delivered for transport pursuant to these conditions comply with the restrictions referred to in the previous points (i) to (iv) and have been prepared in safe places by the sender himself (in the case of a natural person sender ), or by reliable personnel employed by the sender or (if different from the sender) by the person who has entrusted the shipment to UPS, and who during the preparation, storage and transport phases at UPS such shipments have been protected from interference by third parties not authorized. UPS relies on this warranty in accepting any shipment transported under these conditions.
3.2 Goods that are perishable or require controlled temperatures will be transported by UPS provided that the sender accepts that transport is at his own risk. UPS does not provide any special treatment for such shipments.
3.3 Refusal and suspension of Transportation
(i)If UPS determines that a shipment does not conform to any of the above requirements and restrictions or that the cash on delivery amount indicated in the COD Waybill exceeds the limits set forth in paragraph 8, UPS may refuse transportation of the shipment in question (or part thereof) and, if transportation is already underway, UPS may suspend transportation and retain the shipment (or part thereof) pending instructions from the sender.
(ii) UPS may also suspend transportation if it is unable to deliver, if the recipient refuses to accept delivery, if it is unable to deliver due to an incorrect address (after having done everything reasonably possible to find the correct address), if the address, although correct, is located in a country other than that indicated on the shipment or in the Waybill or if it cannot collect the amounts due from the recipient upon delivery.
(iii) In all cases where UPS has the right to suspend transportation of a shipment (or a significant part of a shipment), UPS may also, at its discretion, return the same to the sender.
3.4 The sender shall pay and hold UPS harmless from all reasonable costs and expenses (including storage costs) incurred by UPS, from losses, taxes and customs duties which UPS may incur, as well as from all claims asserted against UPS (i.e. ) due to the fact that a shipment did not conform to any of the limitations, conditions or declarations referred to in paragraph 3.1 above or (ii) due to a refusal or suspension of carriage or return of a shipment (or part of a shipment ) by UPS pursuant to this paragraph 3 or (iii) due to the shipper's failure to comply with these conditions.
In the case of returning a shipment (or part of a shipment), the sender will also be required to pay all related costs, calculated according to the commercial rates normally applied by UPS.
3.5 If the sender entrusts to UPS a shipment that does not comply with the restrictions or conditions set out in paragraph 3.1 above, without the express written consent of UPS, UPS will not be responsible for any loss that the sender may suffer in connection with transportation from UPS part of such shipment (whether or not the non-compliance caused, or contributed to, the loss and regardless of any fault on the part of UPS or its employees, subcontractors or agents) and, if UPS suspends transport as permitted by these conditions, the sender will not be entitled to any reimbursement of transport costs paid. UPS may take legal action regarding such non-compliance.
3.6 If, after suspending carriage of a consignment (or a substantial part of a consignment) under these provisions, UPS is unable to obtain, within a reasonable time, the sender's instructions in relation to the consignment, or to identify the sender or any other person entitled to the goods (where necessary, including by opening the shipment), UPS will have the right to destroy or sell the shipment (or a relevant part of the shipment) at its discretion. The sum obtained from such sale will be applied to the charges, costs or expenses (including interest) not yet paid, owed by the sender in question in relation to the shipment or otherwise. Any possible difference will be made available to the sender.
3.7 Unless prohibited by law, UPS reserves the right, but has no obligation, to open, inspect and X-ray any shipment entrusted to it for transportation at any time.

4. Customs clearance
If a shipment requires customs clearance, it will be the sender's obligation to provide, or ensure that the recipient provides, to UPS the complete and exact documentation necessary for this purpose and UPS, unless otherwise instructed, will act in the name and on behalf of, at its own expense. and at the risk of the sender or consignee for carrying out customs clearance.
In any case, in the case of shipments that depart or are destined for places located within the same customs zone, UPS carries out customs operations only if it receives instructions to this effect. The sender further agrees that UPS may be considered as the nominal consignee of the package or shipment, for the sole purpose of designating the customs agent responsible for customs clearance, to the extent permitted by law.

5. Payment for the Service
5.1 The fee for the transport service and for the other services referred to in the Guide, if not paid before shipment, will be due and paid to UPS within seven (7) days of receipt of the invoice or within the different expiry date agreed for registered between the sender and UPS. UPS may verify the actual weight and/or size of shipments and, if it is greater than the declared weight, UPS may issue an invoice on this basis. In the absence of proof to the contrary, the invoice will be deemed to have been received for this purpose on the third working day following the date of the invoice.
5.2 If (a) UPS is obligated to pay taxes, customs duties, or other taxes and duties on behalf of the shipper, the consignee, or a third party, (b) the payment option selected indicates that the consignee or a third party is obligated for the payment of any transportation and/or shipping charges and expenses, or (c) any taxes, charges, penalties, expenses or costs are imposed, properly or incorrectly by governmental authorities, or incurred by UPS due to any circumstances , including in the event that the consignee or third party fails to provide the correct information or documentation or permits or licenses required in connection with transportation, the sender will be jointly and severally liable to UPS with the consignee and the third party for the payment of such amounts. In such case, if the selected payment option indicates that payment must first be paid by the recipient or third party, UPS (without prejudice to the sender's contractual responsibility for payment) will first require payment of the relevant amount from the recipient and /or to the third. If the amount in question is not immediately paid in full to UPS by any of the aforementioned parties, the amount must be paid by the sender upon first written request.
In all other cases, with these conditions the sender undertakes to pay UPS the aforementioned sums on first request. UPS will not be obliged to act preliminarily and/or separately with respect to the recipient or any third party to obtain payment. In case of doubt, the burden of proving that the amount has been paid will fall on the sender.
5.3 For any amount not paid to UPS by the established date, interest will be applied at the rate indicated on the invoice, starting from the payment due date until the date on which UPS receives payment, including in court. Furthermore, UPS reserves the right to charge administrative costs for late payment up to a maximum of 40 Euros per invoice.
5.4 If the sender, the recipient or other third parties do not pay the sum due under these conditions, UPS may retain the transported shipments (or part of them) until full payment and may sell them and retain from the sum obtained from such sale the the amount due under applicable legislation. Any residual difference will still be due.
5.5 The UPS transport rates established in the Guide are calculated solely for the transport of shipments whose value, in local currency, does not exceed the value established in paragraph 3.1 (ii) (or the different applicable value, if lower). If UPS becomes aware that it has transported a shipment which, without the express written consent of UPS, exceeds this value, in such case, it will be required to pay an additional transport fee equal to 5% of the value of the shipment exceeding the amount set at the paragraph 3.1 (ii), in addition to any other applicable charges or fees and any other remedies provided under these conditions.

6. Interruption of Service
If UPS is unable to commence or continue transportation of your shipment due to any event or circumstance beyond its control or any consequence of such event or circumstance, whether or not foreseeable, this will not constitute a breach of contract with the shipper, but UPS will take commercially reasonable steps under the circumstances to begin or continue transportation. Examples of events or circumstances beyond the control of UPS are: interruption of land communications or air routes due to bad weather, as well as fire, flood, war, riot or commotion, actions of government authorities or other authorities (including , by way of example only, customs), labor disputes or obligations involving UPS or third parties.

7. Money Back Guarantee
For certain services and destinations, UPS provides a money-back guarantee on shipping costs. The details thereof, the general conditions as well as the maximum collection and delivery times relating to said services and destinations are given in the Guide and on the UPS website (www.ups.com) as published at the time the goods are picked up for transportation and can be confirmed by the local UPS Customer Service office. For the avoidance of doubt, UPS' liability for the money-back guarantee is limited to the foregoing and this guarantee does not constitute the assumption of any other form of commitment or guarantee that the shipment will arrive at its destination by a certain deadline.

8. C.O.D. (Mark)
For certain destinations and services indicated by the local UPS Customer Service office, UPS offers a COD (cash on delivery) service, upon payment of an additional price, as set out in the Guide.
If the sender uses this service, according to the conditions set out below (including those relating to monetary conversion), UPS will collect the COD sums indicated in the consignment note on behalf of the sender. This service is not available for pallets.
In the Waybill the COD sums must be indicated only in EUR or, if different, in the currency of the destination country. If any of the COD amounts indicated in the Waybill, collected by the recipient and/or paid to the sender, is expressed in a different currency, the conversion will be performed at a conversion rate reasonably determined by UPS.
UPS declines all responsibility for exchange risk.
8.1 Cash COD Amounts: If UPS is authorized in the Waybill, in accordance with applicable UPS guidelines, to collect cash only, UPS will only collect cash in the currency of the destination country. In cases where cash is collected, the maximum amount that can be collected in this form on behalf of the sender is USD 5,000 per recipient per day. Notwithstanding the foregoing, the maximum COD sum collectible in cash on behalf of the sender from recipients located in the following states for COD shipments will not exceed the following amounts per recipient per day: Austria: 3,500 Euros; Belgium: 3,000 Euros; Germany: 3,500 Euros; Spain: 1,000 Euros; Greece: 499 Euros; Portugal: 1,000 Euros; Italy: 2,000 Euros; France: 1,000 Euros; Romania: RON 10,000 for natural persons, RON 5,000 for legal persons; Sweden: 3,000 SEK; Denmark: 20,000 DKK; Switzerland: 3,500 CHF; Poland 15,000 PLN; United Kingdom: GBP 2,500. If the sender indicates an amount to be collected COD that exceeds these limitations, UPS will automatically be authorized to accept checks for all or a portion of that amount. Additional restrictions may apply from time to time in certain countries; the details of
such limitations will be indicated in the Guide or on the UPS website (www.ups.com).
8.2 COD Checks: If the Waybill does not clearly instruct UPS to accept cash only (and in accordance with applicable UPS guidelines), UPS may accept payments by any type of check issued to the shipper that is recognized in the country of destination of the shipment or with cash (without prejudice to the limitations set out in paragraph 8.1). If UPS accepts checks, the maximum collectible amount may not exceed the equivalent of US$50,000 per package (or such applicable amount, if less). If authorized to accept a check, UPS may accept a check in EUR or, if different, in the currency of the destination country.
8.3 Payments of Collected COD Amounts: If UPS collects cash, UPS shall pay the shipper the equivalent amount in the currency of the country in which the shipment was presented to UPS for transportation. UPS may make the payment of the COD sums by bank transfer to the bank account communicated to UPS by the sender or by issuing a check in favor of the sender. Any check payable to the sender, issued by UPS as previously determined or by the recipient and collected by UPS pursuant to paragraph 8.2, may be forwarded to the sender by regular mail at the sender's risk or delivered by hand to the sender or to any person appears authorized to accept the check on behalf of the sender.
8.4 If the sender does not receive the COD sums, he must communicate this event in writing to UPS within 45 days from the delivery date of the relevant shipment.
8.5 The sender will indemnify UPS against all losses, expenses and any claims made against UPS by the recipient or third parties, if UPS fails to deliver a shipment because the recipient refuses to pay the COD sum in the appropriate form or to accept the shipment.
8.6 UPS's liability in relation to the sum to be collected will not exceed the lesser of the maximum COD amount allowed under these conditions and the COD amount indicated in the Waybill. Furthermore, the COD amount cannot in any case exceed the value of the goods at the time of their arrival at their destination plus the applicable transport costs. For the avoidance of doubt, the COD amount will not be deemed to be the declared value under paragraph 9.4 and will not affect UPS's liability for loss, damage or delay in delivery of the goods.
UPS will in no event be liable for dishonest or fraudulent acts on the part of the recipient including, but not limited to, the presentation of counterfeit or subsequently bad checks, or checks improperly written by the recipient. If the recipient pays by credit or debit card and later cancels or cancels the transaction, UPS is not responsible for disputing it with the recipient or the bank and the sender will refund the amount to UPS.

9 Responsibility
9.1 Where the rules established by the Warsaw Convention or the CMR Convention or other national rules implementing such conventions are applicable (hereinafter referred to as “Conventional Rules”) or if (and to the extent applicable) other mandatory national provisions, UPS's liability shall be governed by and limited in accordance with such provisions.
9.2 Where the Conventions or other mandatory national provisions are not applicable, UPS will be liable only for failing to act with reasonable care and skill and its liability will be governed exclusively by these conditions and (except in the case of personal injury or death) such liability shall be limited to proven damages not exceeding the greater of the following amounts: (a) 85 EUR per shipment, or (b) 8.33 Special Drawing Rights (SDR) per kilogram of the affected goods, unless the sender has declared a higher value pursuant to the following paragraph 9.4. Special Drawing Rights constitute an international monetary unit adopted by the International Monetary Fund whose current value is periodically published in the main financial newspapers.
9.3 If the applicant (or anyone else from whom he has derived his claims) has caused or
contributed to the loss, damage or delay in delivery of a pallet or package,
any liability that UPS may incur (within the limits set out above) may be reduced or extinguished pursuant to the provisions on contributory negligence.
9.4 Without prejudice to the provisions of paragraph 9.5, the sender may obtain the benefit of a limit of liability higher than that offered by UPS pursuant to the previous paragraph 9.2 or that which is provided for by the Conventional Rules or other mandatory national regulations. The sender will be able to exploit this possibility by declaring a greater value of the goods on the Waybill and paying an additional fee, as established in the Guide. If the sender declares a higher value of the goods and pays the additional fee, in this case the liability of UPS will be limited to proven damages in an amount not exceeding the declared sum. The value of the goods in question must not in any case exceed the limits specified in paragraph 3.1(ii).
9.5 Except where applicable mandatory laws provide otherwise, UPS assumes no liability for lost profits, indirect or consequential damages such as loss of profits, loss of business opportunity, loss of revenue or loss of goodwill. UPS will not be responsible for damage or loss of any packaging.

10 Delivery
10.1 UPS may deliver the shipment to the recipient indicated in the Waybill or to any other person who appears entitled to accept delivery of the shipment on behalf of the recipient (for example, persons residing in the same building or neighbors of the recipient). If the recipient is not available, the package may be left in the recipient's mailbox, if suitable, or delivered to a neighbor, unless the sender has excluded this delivery option using the appropriate additional service. The recipient will be informed of a possible alternative delivery address (or redirection to a UPS Access Point® location) by means of a specific notice left at the address of the same.
10.2. Without prejudice to the provisions of the previous paragraph, and unless otherwise agreed with the sender, UPS may adopt any alternative delivery method chosen by the recipient pursuant to the general conditions of the My Choice® service or any other contract between UPS and the recipient. Such alternative delivery methods include, without limitation, redirecting the package delivery to a different address (including a UPS Access Point location), allowing the driver to leave the package at the recipient's premises, changing the service chosen by the sender or rescheduling the delivery. The sender also accepts that the recipient may receive information on the delivery of a package. The sender expressly waives any claim against UPS arising out of UPS's having followed instructions provided by the recipient.
UPS may use electronic devices to obtain proof of delivery and the sender agrees not to object to UPS, solely because the information in question is obtained and stored in electronic form, that the latter does not provide written proof of delivery.
Except for cases in which the Conventional Rules or mandatory national regulations provide otherwise, UPS assumes no responsibility under any circumstances for the suspension of transport, the reforwarding of the delivery (to a recipient or to an address other than those indicated in the Waybill), or the return of the shipment to the sender and, even if such an attempt is unsuccessful, UPS will have no liability for any consequential damage.

11 Protection of Personal Data
11.1 UPS has the right to process data received from the sender or recipient during transport, to transfer such data to other group companies and to other subcontractors, including in other countries which may not have the same level of protection of personal data of the state where the shipment is presented to UPS, and to process it there, if and to the extent that the transfer and processing of data in such states is necessary to provide the agreed transport services. The sender warrants that: (i) he obtained the personal data he provided to UPS for shipment lawfully; (ii) is authorized to provide UPS with such data if and to the extent that the transfer and processing of the data in such States is necessary to provide the agreed transportation services and (iii) has obtained informed and specific consent from the recipient which you authorize UPS to send the recipient e-mails and other notifications relating to the agreed transport services. UPS processes the Sender's personal data provided by the sender in accordance with the UPS Privacy Notice published on the UPS website at the following link: https://www.ups.com/it/it/support/shipping-support/legal-terms -conditions/privacy-notice.page

11.2 Furthermore, the sender guarantees that he has obtained informed and specific consent from the recipient which authorizes UPS to use the recipient's personal data in compliance with the UPS Privacy Notice referred to in the aforementioned link, active at the time of shipment with reference to uses other than those indicated in paragraph 11.1 above.

12 Complaint Procedure – Forfeitures
All claims against UPS must be notified in writing as soon as reasonably practicable and, in any event, within 14 days of delivery in the event of damage (including partial loss of a shipment) and in the event of loss, within 60 days from the date of delivery of the goods to UPS for transport. Furthermore, all claims against UPS in connection with any shipment will be barred and time barred unless legal action is taken and UPS is not notified in writing within eight months of delivery of the goods in question. or, in case of non-delivery, within eight months following the expected delivery date. However, these provisions do not prejudice the rights due to the sender pursuant to the Conventional Rules or other mandatory national regulations.

13 Completeness of the Conditions and Partial Invalidity
It is UPS's will that all the conditions of the contract between UPS and the sender are contained in this document and in the Guide. If the sender wishes to obtain variations to these conditions, he must ensure that such variations are made in writing and signed by the sender and on behalf of UPS before the shipment is taken over by UPS for transport. If any part of these General Conditions of Carriage is deemed ineffective, this will not affect the validity and effectiveness of the other provisions of the same.

14 Applicable Law
These conditions will be entirely governed by the law of the country in which the shipment was presented to UPS for transportation.