RULE: 2.13 - REFUSED, REJECTED OR UNCLAIMED SHIPMENTS Eff: 05MAR2011
| Effective | 05MAR2011 |
|---|---|
| Filed | 03FEB2011 |
| Filing Codes | CA |
Except as otherwise provided in individual TLIs (Rate Items), a
shipment, which for any reason, is refused or rejected by the Consignee
at destination, refused by Customs or other Governmental Authorities,
or which cannot be delivered despite Carrier's diligent, commercially
reasonable efforts for reasons not ascribable to the Carrier within 5
(five) business days of notification to Consignee that the shipment has
arrived and is ready for delivery, will be considered "refused" or
"unclaimed" and will be SBJ to the following provisions.
a. If, after the expiration of the Free Time specified above, delivery
of shipment to Consignee is ultimately accomplished, all third party
warehouse, storage and/or redelivery cartage charges (when
applicable) which have been incurred and/or advanced by the Carrier
will be assessed and collected from the Consignee, regardless of
whether the shipment was prepaid or collect, unless Shipper
otherwise agrees to pay such charges (See Exceptions in paragraph g.
below).
b. In all cases of refused or unclaimed shipments, Carrier
will immediately notify Shipper of such status by
telephone, facsimile, e-mail or other electronic means
and request instructions for the disposition of the
shipment.
c. If Carrier does NOT receive instructions for the
disposition of shipment from Shipper within the Free
Time specified above, Carrier reserves the right to
transfer the refused or unclaimed cargo to a public
storage. All third party charges incurred and assessed
as a result of such action, including but not limited
to, storage, transfer, terminal, cartage or customs
charges will be for the account of cargo. Once placed
in a public storage facility, Carrier's liability will
terminate and a lien for all unpaid freight and
additional charges shall be placed upon the cargo for
Carrier's account (See Exceptions in paragraph g. below).
d. Notice of arrival of shipment at B/L destination as
described in this Rule shall be given to Consignee by
telephone, facsimile or e-mail when possible or by
deposit of letter or post card, properly addressed to
Consignee, with the United States or Foreign Postal
Service.
e. Carrier may arrange for such cargo, if not claimed within fourteen
(14) days, to be destroyed, at the cost and expense of Shipper
and/or Consignee (See Exceptions in paragraph g. below).
{CA}
f. If Cargo has been refused by Customs or other Governmental
Authorities at destination due to a failure, oversight, omission,
misrepresentation, nonperformance, violation or any other fault on
the part of the Shipper, Consignee, Cargo Owner or their Agent,
and as a result Carrier is unable to make delivery, Shipper and
Consignee shall be jointly and severally liable for all freight,
charges and other costs incurred by Carrier when returning Cargo to
Origin, or when diverting Cargo to another location to which
Carrier is instructed to forward Cargo.
{C}
g. If Cargo has been refused by Customs or other Governmental
Authorites at destination due to a failure, oversight, ommission,
misrepresentation, nonperformance, violation or any other fault on
the part of another party whose Cargo, with which UPS's Shipper's
Cargo has been consolidated, UPS shall be responsible for all freight
and transportation charges incurred to return Cargo to port of origin
and then to re-export Cargo to original destination. In such case,
neither Shipper, Consignee, Cargo Owner nor their Agents shall be
assessed or responsible for any additional charges or costs above
and beyond freight and charges for original shipment movement.
