These Terms and Conditions of Service and Use of U Ship Solutions services (together with its successors and/or assign, the “Company”, and sometimes referred to herein as “we” or” us” or “our” ) are hereby made effective, and, without waiving or otherwise releasing any right or obligation under any prior terms and conditions of the use of U Ship Solutions hereby amend and restate any such prior terms and conditions.

SECTION 1- INTERPRETATION AND DEFINITIONS

In these General Terms and Conditions (General Terms) and in any document comprising an Agreement:

1. Website means web portal through which our shipping Services can be booked and are rendered;
2. Consignee or Receiver means the person or entity specified on the address label of the waybill as your intended recipient of a Consignment;
3. Consignment or Shipment means any Goods that travel under one waybill to be delivered to the same Consignee and which may be carried by us;
4. Dangerous Goods means any Goods classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods), IMDG (International Maritime Dangerous Goods) code, the United Nations Recommendations on the Transport of Dangerous Goods, or as may be specified from time to time by any applicable government department or other relevant organization in the Territory;
5. Delivery Address means the address for delivery of a Consignment as specified on a waybill;
6. Fragile Goods means any Goods that are, or include components that are, inherently fragile or breakable, and which require special packaging and/or handling to ensure they are not damaged and which Goods include for example, without limitation, electrical Goods, glass, ceramics, pottery, stoneware, fossils, antiques and works of art, or such similar materials or Goods;
7. Goods means any goods, products, items, documents or parcels;
8. Non-Standard Size means any Consignment or Goods that do not meet our standard dimensions or weight limits set out in our Standard Operating Procedures or that otherwise requires special equipment or labor resources in excess of a single person for loading or unloading into our vehicles;
9. Personal Information means the information used by the User to avail our Services and may include, but is not limited to, name, mobile phone number, and email address;
10. Service or Services means any and all services to be provided to you by us under an Agreement;
11. Value means, in respect to any Consignment, the lesser of the cost and the market value of such Consignment;
12. Waybill means the label, waybill, consignment note or other similar document produced by our system, either in physical or digital form, for describing the details of a particular Consignment;

SECTION 2- UNDELIVERABLE CONSIGNMENTS

If: 1.the Consignment is, or is deemed by us as being, Unacceptable Goods; or Consignee cannot be reasonably identified or located; or Consignee refuses delivery or refuses to pay for the Consignment, then, we will return the Consignment to you at your cost (which in the case of Unacceptable Goods, may include requiring you to collect them from our facility), and if you refuse to accept or are otherwise unable to receive, the Consignment then it may be released, disposed of or sold by us without incurring any liability whatsoever to you or anyone else, and the proceeds will be applied against any Service charges, our related administrative costs.

SECTION 3- PAYMENT

1. You must pay us the shipping fees and charges for Services rendered under or in connection with the Agreement upon creating an order, unless otherwise agreed in an Agreement.
2. Unless otherwise specified in an Agreement or in our application, all our fees and charges are expressed exclusive of any applicable value added taxes or other government or municipal tariffs, which amounts, are chargeable and payable by you in addition to the fees and charges.
3. We accept payment by debit cards and credit cards for the shipping Service.
4. With respect to any payment under an Agreement, you must ensure that the net amount actually received by us corresponds to the amount invoiced, and in this context any bank wiring fees, credit card fees, taxes or similar costs is your responsibility and is to your account.
5. If any of the Services provided to you require additional work or services not expressly set out in an Agreement, then we will provide you with a revised or new proposal setting out the additional pricing for those additional services.

SECTION 4- SHIPPER’S RESPONSIBILITIES

1. Cost estimates which may be required by the Shipper are non-binding. Unless expressly agreed otherwise, we reserve the right to be compensated by the Shipper for costs incurred in the preparation of the estimate. Measurements, pack sizes, weights, images, simulation results and drawings are only binding for the execution of the agreement if this is confirmed expressly in writing.
2. U Ship Solutions will not be liable for your acts or omissions including, but not limited to improper or insufficient packing, securing, marking or addressing, or for the acts or omissions of the recipient or anyone else with an interest in the package. Also, U Ship Solutions will not be liable if you or recipient violates any of the terms of this document. U Ship Solutions will not be liable for loss of or damage to shipments of items prohibited by law.
3. U Ship Solutions will not be liable for loss, damage or delay caused by events that we cannot control, including but not limited to acts of God, perils of air, strikes, protests, weather conditions, heavy traffic, road conditions & closures, sporting events, acts of public enemies, wars, strikes, civic commotions or acts or omissions of public authorities (including customs and quarantine officials) with actual or apparent authority.
4. U Ship Solutions will assume no liability for loss or damage to “EXTRAORDINARY VALUE” items, which include artwork, jewelry, furs, precious metals, cash and negotiable instruments. In addition, U Ship Solutions will not be liable for any loss or claim due to the late delivery of a shipment.
5. Consignments must not contain goods forbidden according to national and international laws. Goods that are dangerous to humans and animals and goods on the basis of their properties or the way they are packed are a hazard to other goods that are transported in the same transportation, are excluded. Not allowed are: precious stones, precious metals, jewelry, cash, checks, savings books, bank cards, credit cards, tickets, securities such as stocks, bonds, certificates of shares, options, deeds, bonds, permits, etc., passports, stamps, unique -, art, antiques, watches, keys, personal items, perishable or frozen food, alcohol (excluding alcoholic beverages), tobacco and tobacco products, drugs (the illegal drugs), drugs, pornographic material or illegal publications, live or dead animals, animal organs and parts such as fur, ivory, plants, seeds, brown and white goods, firearms and other weaponry, fireworks, explosives, fire extinguishers and other pressurized products, paints and other hazardous or flammable materials and / or liquids.
6. Perishable and temperature sensitive shipments and / or goods are moved, provided that the Shipper accepts shipments, is at their own risk. U Ship Solutions and / or the Carrier provide no special treatment for such shipments, unless separately agreed in writing.
7. The Shipper accepts that the consignments are held in secure premises and are prepared, packaged, stored and transported by trustworthy individuals and that these items be protected from interference by unauthorized persons prior to the acceptance by U Ship Solutions and / or the Carrier.
8. The Shipper is liable to U Ship Solutions and / or the Carrier is liable for injury to persons, damage to equipment or other items and for the expenses incurred from inadequate packaging of the shipment.
9. If a shipment needs to be cleared through customs, it is the responsibility of the Shipper and / or the Receiver to complete accurate documentation for the sent items, but the Carrier will, unless otherwise instructed, act as representatives of the Shipper and / or receiver at customs. The Carrier may request further written documentation at the expense of the Shipper / Receiver or appoint a customs agent /broker to process clearance.

SECTION 5- CONSIGNMENTS

You agree:

1. and warrant that if you are not the owner of a Consignment or any Goods, or any part of them, you are the legally authorised agent of the lawful owner(s) of the Consignment and any Goods and are authorised to enter into an Agreement on behalf of the owner(s);
2. and warrant that all Consignments and Goods and their packaging is fit and safe to be handled and carried by us;
3. and warrant that no Consignment or Goods will exceed any size or weight restrictions which we from time to time specify;
4. and warrant that your Consignment does not contain any Unacceptable Goods and that we will have no liability (whether caused wilfully, negligently or otherwise) for any loss, damage, mis-delivery, non-delivery or late delivery of Unacceptable Goods;
5. to supply us with any information we reasonably request for the purposes of allowing us to perform our obligations under the Agreement and you warrant that any information you provide to us is accurate, proper and in compliance with all applicable laws;
6. and warrant that the Delivery Address information you provide to us will contain sufficient, and accurate, location information to enable us to complete any delivery within the agreed delivery times and windows for a Consignment;
7. that we have no obligation to provide any Services in connection with a Consignment or Goods that, or for which we reasonably believe, comprises any Unacceptable Goods;
8. we may open any packaging or Consignments in order to inspect the content of a Consignment to ensure it does not contain any Unacceptable Goods;
9. that Consignments can only be delivered to physical addresses and cannot be delivered to post office boxes or any non-designated address (other than a digitised government authorised addressing system);
10. to indemnify us for any cost, loss, expense, damage incurred by us (including any attorney fees or costs) in connection with your provision to us (or our receipt) of any Unacceptable Goods or for breach of any of the warranties in this clause 3; and
11. that our standard transit system is not suitable for carrying Fragile Goods unless we have expressly agreed in writing prior to transit to provide Services in respect to such Goods and they are correctly and adequately packaged to a standard acceptable to us, failing which we have no liability (however caused, including negligently or otherwise) for any loss, damage, mis-delivery, non-delivery or late delivery of Fragile Goods.

SECTION 6- SANCTIONS AND EXPORT LAWS

1. You shall be responsible for ensuring compliance with any and all applicable laws, regulations, rules, orders and other requirements relating to export control, economic sanctions, embargoes and sectoral sanctions of the United States, the European Union and its member states, the United Nations, and other governments having jurisdiction (together, “Sanctions and Export Laws”). You represent and warrant that that each and every order you place using our Services is not prohibited, would not subject U Ship Solutions to sanction, and does not require specific prior government authorization, under any and all Sanctions and Export Laws, or if any prior government authorization is required, you have obtained such authorization and provided us with a copy.
2. You indemnify us and hold us harmless from and against any and all claims, demands, actions, suits, proceedings, investigations, judgments, orders, losses, damages, liabilities, fines, penalties, costs, and expenses, including attorney’s fees, suffered or incurred by us and arising out of, resulting from, or related to: (a) any non-declaration or illegal, inaccurate, and/or inadequate declaration by or caused by you, your directors, officers, employees, agents, or representatives; and (b) any actual or alleged violation of any Sanctions and Export Laws (whether intentional or unintentional) by or caused by you, your directors, officers, employees, agents, or representatives.

SECTION 7- LIMITATION OF LIABILITY

1. We will not be liable to you under or in connection with these General Terms, an Agreement or in connection with the provision of the Services, including, without limitation, for any loss, damage, mis-delivery, non-delivery or delayed delivery of any Consignment which occurs as a direct or indirect result of: (a) Your, or your employee’s or agents’: acts; omissions; breach of Agreement; negligence; misstatement or misrepresentation; (b)any inherent liability to wastage, latent or inherent defect, vice or natural deterioration or electrical or magnetic derangement of the Consignment; (c) the Consignment being insufficiently or improperly packaged; or (d) the Consignment being incorrectly or insufficiently addressed or labelled.
2. Despite any other provision of the Agreement to the contrary, we (and our Affiliates) are not liable to you or your Affiliates for any special, indirect, consequential, exemplary or incidental damages, loss of profits, loss of opportunity, loss of data, loss of privacy, loss of security, loss of revenues or loss, damages, compensation, penalties or fines arising from any loss of use, howsoever arising under or in connection with the Agreement or the Services and whether or not we contemplated, knew about, should’ve known about or were advised of the possibility of any such consequence, loss, damage, compensation, penalty or fine and whether the liability is based in contract, tort, negligence, equity, indemnity, statute or on any other legal basis.
3. Notwithstanding anything to the contrary contained herein, our liability for fraud, or death or personal injury resulting from our negligence, is not limited.
4. Despite anything to the contrary contained elsewhere or in the Agreement, we are not under any greater liability to you in respect of any Consignment than you have contractually committed to your customer.
5. We are not liable for any loss, mis-delivery, non-delivery or delayed delivery of or damage to a Consignment or otherwise for any failure or delay in performance of our obligations under an Agreement due to any event beyond our reasonable control including, without limitation: (a) delay or cancellation of ferries, flights or railway transport or scheduled trucking; (b) failure by a Consignee to accept or otherwise be available for accepting delivery of a Consignment; (c) delays in or refusal of customs clearance; (d) act of God, war, riot, civil commotion, malicious damage or blockades, strikes, lockouts or other industrial disputes (whether involving our workforce or that of a third party) compliance with any law or governmental order, rule, regulation or direction seizure under legal process, national emergencies, fire, flood, tempest or storm, accident, breakdown of plant or machinery default of supplies (including, without limitation fuel) or sub-contractors.
6. In the event of any loss of, damage to, or mis-delivery of a Consignment, you will be required to prove the value of the Consignment subject to the claim. We will not pay a claim, without reasonable proof of the Consignment’s replacement value or documentation verifying the repair cost of the Consignment.

SECTION 8- COMMUNICATION
If you provide us your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the products or services we offer, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us.

SECTION 9- GOVERNING LAW AND JURISDICTION

These Terms and Conditions will be governed by and construed in accordance with Canadian laws, and the courts of British Columbia will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of use.

SECTION 10- TERMINATION

In addition to our other rights set out in these General Terms or in an Agreement, we may suspend our performance of or terminate the Agreement by notice to you if: (a) You breach these General Terms and fail to remedy such breach within 7 days from the date of written notice of breach (b) You breach any applicable law or regulation; (c) You fail to pay us when due in accordance with the terms of the Agreement and fail to remedy such breach within 7 days from the date of written notice of breach.

SECTION 11- BINDING EFFECT

You hereby accept the fact that you have read, understood and are willing to abide by the terms and conditions laid down in this agreement. You further agree that the terms and conditions set out under this agreement are fair, reasonable and just given the matters set out under this agreement and you waive any and all rights to have any claims against us on grounds set out above.

This document, and any documents incorporated by reference, constitutes the entire terms of this agreement for shipping. This agreement cannot be modified orally and may only be altered in writing by a document signed by both parties.