Effective	17NOV2008
Filed	01NOV2007
Filing Codes	IC

a. CARRIER INSPECTION:
   
 1. The Carrier reserves the right to open, inspect, and to
    have a Sworn Measurer verify the contents of a container
    with respect to description, weight and/or measurement. 
    When Carrier opens a container for any reason
    whatsoever, such inspection will be indicated on the
    Bill of Lading.  After inspection Carrier will reseal
    the container with Carrier's seal.  After inspection,
    Carrier will have no obligation to inform Shipper or
    Consignee of any discrepancy in Commodity Description,
    Weight or Count.
  
 2. When inspection by the Sworn Measurer indicates that
    Shipper has not correctly described, weighed and/or
    measured cargo, Carrier shall re-bill Shipper for any
    freight due, based upon the Sworn Measurer's
    Certificate.  If the Shipper fails to pay the
    additional freight due within thirty (30) days after
    receipt of the notice of such rebilling issued by the
    Carrier, he will be required at his expense to submit
    to the Carrier a Sworn Measurer's Certificate covering
    each and every shipment which he tenders from that date
    on, until he has paid the additional freight due in
    full.
   
 3. If the additional freight due exceeds 5% (five percent)
    of the correct freight based upon the Sworn Measurer's
    Certificate, the Shipper, in addition to the
    requirements of paragraph a.2 of this rule, will be
    required at his expense to submit to the Carrier a
    Sworn Measurer's Certificate covering each and every
    shipment which he tenders during the six (6) calendar
    month period following receipt of the notice of such
    discrepancy issued by the Carrier.  
   
 4. If Shipper, subsequent to receiving a notice of
    discrepancy as specified in paragraph a.3 of this rule,
    tenders another shipment or shipments which upon
    inspection are found by the Sworn Measurer to involve
    discrepancies exceeding 5% (five percent) of the
    correct freight, such Shipper shall be SBJ not only to
    the requirements of paragraph a.3 of this rule but also
    Shipper shall be SBJ to the requirements of paragraph
    a.3 for an additional six (6) calendar month period for
    each shipment found to involve discrepancies exceeding
    5% (five percent) of the correct freight.  Each such
    additional six (6) month calendar period will run
    consecutively.
   
 5. For the purpose of this rule the term "Sworn Measurer"
    shall extend only to those sworn measurers which have
    been duly appointed or approved as such by UPS.
  
 6. UPS shall not release the originals or copies of any
    Bill of Lading to any Shipper or his agents until the
    Sworn Measurer's Certificates required under paragraphs
    a.2, a.3, and a.4 of this rule have been received by
    the Carrier from the Shipper or his agents.
   
b. INSPECTION BY GOVERNMENTAL AGENCIES:
 1. When cargo in containers is required to undergo
    inspection by U.S. Customs, Agriculture Food and Drug,
    or other such duly authorized government agencies, such
    inspections shall be at the risk and expense of the
    cargo, and all expenses paid by or billed through the
    Carrier for these inspections shall be charged to the
    cargo, including the transporting of the container from
    CY to CFS if required, stripping and reloading the
    cargo from and to the container, and returning the
    container  from CFS to CY if required.
   
 2. As Commodities may be subject to rules, regulations or
    laws that may restrict, prohibit, or otherwise regulate
    transportation of such commodities from, to, between or
    through, various ports, places, countries, persons or
    business entities, or the packing, labeling, handling,
    possession, receipt or delivery thereof, it shall
    expressly be the responsibility of the Merchant and its
    representatives to investigate, know, understand and
    comply with all such rules, regulations or laws to
    assure safe, timely and lawful transport.  Carrier
    assumes no responsibility to investigate, know or
    advise Merchant of any such rule, regulation or law or
    procedures or policies regarding enforcement thereof. 
   
3. Any loss, delay or damage to cargo resulting directly or
   indirectly from Merchant's failure to comply with
   paragraph b.2.  shall be for Merchant's account, without
   liability or obligation to Carrier.  Any and all fines,
   penalties or other amounts assessed, however described,
   whether civil or criminal, and all costs incurred by
   Carrier from or resulting, directly or indirectly, in
   whole or in part, from the Merchant?s failure to comply
   with paragraph b.2. or any mis-declaration of cargo by
   Merchant, and costs arising from actions taken by
   Carrier to comply with rules, regulations and laws
   specified in paragraph b.2., including any transfer,
   repacking, discharge, storage or delivery of cargo or
   costs arising from Merchant's abandonment of cargo, will
   be the sole responsibility of the Merchant, which shall
   indemnify, defend and hold the Carrier harmless for the
   same regardless of whether Carrier negligence was a
   contributing cause.  Ignorance of any rule, regulation
   or law shall not be a defense in any such matter.  
    
 4. In the event that cargo is refused, delayed or
    confiscated due to rules, regulations or laws specified
    in paragraph b.2, Carrier may at its sole discretion
    take any action or pursue any and all means available
    to the Carrier to either make the cargo safe or
    compliant for such transport, to return the cargo to
    the origin, or destroy or hand over cargo to
    authorities.

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