UPS Cracking Down on Shipping

[sass2924]

Just received this from UPS. Now you need separate accounts for firearms, parts and other non firearm related goods.

And now they are not allowing non licensed individuals to ship firearms " UPS prohibits the shipment of Firearm Products except from licensed importers,
licensed manufacturers, licensed dealers, and licensed collectors (as defined in Title 18,
Chapter 44 of the United States Code) to (i) other licensed importers, licensed
manufacturers, licensed dealers, and licensed collectors or (ii) government agencies."




This Agreement for Transportation of Firearms and Firearm Parts (“Agreement”) is made and
entered into by and between United Parcel Service, Inc. (“UPS”) and (“Shipper”)
for services for the shipment of Firearm Products, as defined below (“Firearm Products
Shipments”). This Agreement applies only to Firearm Products Shipments and only to Shipper,
the UPS Account Number(s), and the Shipping Location(s) set forth below. UPS and Shipper
may each be referred to in this Agreement individually as a “Party” and collectively as the
“Parties.”

Firearms Products Shipments for Shipper are subject to the following terms and conditions:

1. Applicable Terms. Firearms Products Shipments are governed by the terms and conditions set forth
in this Agreement, and in the versions of the UPS Tariff/Terms and Conditions of Service (currently
available at https://www.ups.com/assets/resources...service_us.pdf)
(“UPS Tariff/Terms”) and the UPS Procedures for Shipping Firearms (currently available at
[www.ups.com/firearams]) (“UPS Firearms Webpage”) in effect at the time of shipment (each of
which are hereby incorporated by reference into this Agreement). Shipper is responsible for
consulting the version of the UPS Tariff/Terms and UPS Firearms Webpage in effect at the time of
shipment for applicable terms and conditions.

All Firearm Products Shipments will also be governed by other applicable contract documents,
including the UPS Rate and Service Guide, in effect at the time of shipping.

2. Defined Terms: Capitalized terms used and not otherwise defined in this Agreement will have the
following meanings:

2.1 “Firearm” will have the same definition as set forth in Title 18, Chapter 44, and Title 26,
Chapter 53, of the United States Code.

2.2 “Firearm Part” is any part or component of a Firearm that does not by itself meet the
definition of a “Firearm.”

2.3 “Firearm Products” means Firearms and Firearm Parts. The term Firearm Products does not
include[list of exceptions].

3. Licensing Requirements:

3.1 UPS prohibits the shipment of Firearm Products except from licensed importers,
licensed manufacturers, licensed dealers, and licensed collectors (as defined in Title 18,
Chapter 44 of the United States Code) to (i) other licensed importers, licensed
manufacturers, licensed dealers, and licensed collectors or (ii) government agencies.

3.2 Notwithstanding the foregoing Section 3.1, where Shipper is otherwise in full
compliance with all applicable federal, state and local laws and UPS’s requirements for
the shipment of Firearm Products, Shipper, as a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector, may tender Firearm Parts (but not
Firearms) for transportation to a non-licensed individual or business.

3.3 Shipper represents and warrants that it is properly licensed under all applicable federal
and state laws. Shipper further represents and warrants that Shipper is authorized to
sell, ship, or cause to be transported and delivered, Firearm Products Shipments to its
consignees.

3.4 Before making any Firearm Products Shipment under this Agreement, Shipper must
submit to UPS, by email to customercompliance@ups.com complete, current and
accurate licensing documentation of Shipper’s federal firearms license, as well as
satisfactory completion of, and compliance with, any other applicable licensing
requirements, including any applicable state requirements. Shipper may not tender
Firearm Products Shipments to UPS unless and until UPS has confirmed receipt in
writing of Shipper’s licensing documentation.


4. Geographic Coverage. Shipper will not ship any Firearm Products (or any replicas or simulated
firearms) internationally through UPS. UPS may eliminate Firearm Products Shipments service to
any domestic state in UPS’s sole and unlimited discretion without prior notice, and Shipper will
comply with any such geographic limitations.

5. Shipper Responsibility For Compliance With Applicable Law:

5.1 Shipper will be solely responsible for compliance with all laws, rules and regulations that
apply to the sale, purchase, shipment, transportation, delivery, receipt, transfer, possession, and
distribution of Firearm Products. Such laws, rules and regulations may include, but are not
limited to, requirements regarding age limitations, verification of a receiver’s ability to possess
Firearm Products, disclosures, background checks, packaging and labeling, shipping,
registration and reporting, payment and collection of taxes or fees, and licensing.
5.2 Shipper will be solely responsible for identifying and interpreting any applicable laws, rules or
regulations and for proper compliance therewith. Shipper acknowledges and agrees that this
function is exclusively Shipper’s responsibility and will not be UPS’s responsibility.
5.3 Shipper will not tender to UPS any Firearm Products Shipment that does not comply with all
applicable laws, rules and regulations. Shipper represents and warrants that all Firearm
Products Shipments tendered to UPS for shipment will be in compliance with all applicable
laws, rules and regulations.
5.4 UPS may in its sole and unlimited discretion demand from Shipper proof that Shipper has
complied with all applicable laws, rules and regulations, and Shipper will promptly comply
with any such demand.
5.5 UPS will have no liability to Shipper in circumstances where UPS complies with instructions
or requests from law enforcement or other governmental authorities (formal or informal), even
if such instructions or requests are, or appear to be, inconsistent with applicable laws, rules and
regulations.

6. Prohibited Firearm Products. UPS does not accept, and Shipper will not ship, certain
Firearm Products identified at the UPS Firearms Webpage. Shipper represents and warrants
that Firearm Products Shipments tendered to UPS for transportation do not contain prohibited
Firearm Products. UPS reserves the right to refuse to accept, transport, or deliver any Firearm
Products shipment that UPS, in its sole and unlimited discretion, determines does not comply
with UPS requirements for the shipment of Firearm Products or any applicable law or
regulation, and to discontinue any or all service to Shipper for, among other reasons, tendering
such a shipment. UPS further reserves the right, without liability to Shipper (including for loss
or damage to the shipment), to lawfully dispose of or submit to governmental authorities any
Firearm Products tendered for shipment which Shippers are prohibited from shipping, which
UPS is not authorized to accept, which UPS states that it will not accept, or which UPS has a
right to refuse.

7. Account Limited to Firearm Shipments.

7.1 The UPS Firearm Account Number(s) set forth below must be exclusively used for
shipments containing Firearms. Shipper will only ship Firearms under the UPS Firearm
Account Number(s) and will not use the UPS Firearm Account Number(s) to tender any
shipments other than Firearms.

7.2 The UPS Firearm Parts Account Number(s) set forth below must exclusively be used for
shipments containing Firearm Parts. Shipper will only ship Firearm Parts under the UPS
Firearm Parts Account Number(s) and will not use the UPS Firearm Parts Account
Number(s) to tender any shipments other than Firearm Parts.

7.3 For any and all other items, Shipper must use a separate UPS account number.

8. Delivery/Receiver Requirements:

8.1 Shipper will engage UPS to transport Firearms only if destined for consignees who are
federally licensed. Shipper will provide verification of licensing of its consignees to UPS
upon request.

8.2 Without limiting the foregoing, Shipper will engage UPS to transport Firearms only if
destined for consignees who are over the age of 21 and legally authorized to receive,
possess, and purchase Firearms.

8.3 Shipper must always use Adult Signature Required (“ASR”) and Direct Delivery Only
(DDO) service for packages containing Firearms. Shipper must designate ASR and DDO
at shipment processing using an approved UPS Shipping System.

9. Service Level, Packaging, and Labeling Requirements:

9.1 Shipper will only tender Firearm Products via service levels set forth at the UPS Firearms
Webpage.

9.2 Shipper will supply the UPS Service Provider with a hard copy summary manifest at the
time that the packages are tendered to UPS for shipment and provide UPS with Timely
Upload (as defined below) of electronic Package Level Detail (“PLD”) in a form
acceptable to UPS. PLD includes consignee’s full name, complete delivery address,
package weight and zone. “Timely Upload” means the electronic transmission of PLD to
UPS at the time the packages are tendered to UPS. Shipper will provide smart labels on all
packages tendered to UPS. A smart label includes a MaxiCode, Postal Bar Code, current
UPS Routing Code, appropriate UPS Service Icon and a UPS 1Z Tracking Number Bar
Code and complies with such other requirements for smart labels as described in the
current UPS Guide to Labeling, as updated from time to time by UPS. Shipper will ensure
that all shipping locations will use a UPS Automated Shipping System (as defined in the
UPS Tariff/Terms).

9.3 Shipper will comply with all packaging and labeling requirements set forth at the UPS
Firearms Webpage.

10. Tendering Firearm Products Shipments. Shipper will tender Firearm Products Shipments to UPS
at Shipper’s daily pickup location only.
11. Shipper Compliance With UPS Requirements. Shipper will comply with all of UPS’s packaging,
labeling, and other requirements set forth in this Agreement, including the requirements set forth in
the UPS Tariff/Terms or at the UPS Firearms Webpage, and any updates that may be made to those
requirements. Shipper’s compliance with UPS’s requirements does not alter or affect Shipper’s
responsibility under this Agreement to keep informed of and comply with all applicable laws, rules
and regulations relating to Firearm Products Shipments. Provisions of any UPS-provided packaging
or labeling, including packaging and labeling required by this Agreement, are not a representation or
warranty by UPS that the packaging or labeling complies with applicable laws, rules and regulations
for Firearm Products Shipments.
12. Shipper Compliance Program:

12.1 Shipper will develop, implement, and maintain a compliance program (“Shipper Compliance
Program”), as necessary to ensure that Shipper and its consignees are compliant with all laws,
rules and regulations that apply to the sale, purchase, shipment, transportation, delivery,
receipt, transfer, possession, and distribution of Firearm Products. The Shipper Compliance
Program will include: (1) training for sales and marketing employees regarding lawful
recipients, possessors, and purchasers of Firearm Products; (2) due diligence regarding
customer licensure or authorization to receive, possess, and purchase Firearm Products under
applicable federal, state, or local law; and (3) self-assessments of the Shipper Compliance
Program to guarantee its effectiveness.

12.2 Shipper will supply such evidence as UPS may request in its sole and unlimited discretion
relating to Shipper’s compliance with all applicable laws, rules and regulations. Within five
business days of such request, Shipper will supply order information (e.g., invoice, packing
list and any other relevant documentation) to demonstrate contents of specific packages
(tracking numbers) identified by UPS. UPS may audit Shipper at any time and for any
reason. The scope of audits of Shipper may include but are not limited to: opening and
inspecting Shipper’s shipments; examination and review of Shipper’s books and records
relevant to Firearm Products Shipments; and auditing the Shipper Compliance Program.

13. Indemnification. Shipper will indemnify, defend and hold harmless UPS and its parent company
and other affiliated companies, their officers, directors, employees, agents, and their successors
and assigns, from all claims, demands, expenses (including reasonable attorneys’ fees), liabilities,
penalties, costs, causes of action, enforcement procedures, and suits of any kind or nature, arising
out of or related to any actual or alleged Firearm Products Shipment, Shipper’s breach of this
Agreement, Shipper’s breach of any Representation or Warranty under this Agreement, or
Shipper’s failure to comply with any applicable laws, rules or regulations, whether such action is
brought by a governmental agency or other person or entity.

14. Limitation of Liability. UPS will have no liability to Shipper, including but not limited to any
liability for indirect, special, incidental, or consequential damages (including lost profits), arising
from or relating to UPS’s compliance with instructions or requests from law enforcement or other
governmental authorities (formal or informal, with or without legal process), even if such
instructions or requests are, or appear to be, inconsistent with applicable laws, rules and
regulations. UPS’s liability to Shipper for the loss of or damage to goods shipped will be as set
forth in the UPS Tariff/Terms and UPS Rate and Service Guide in effect at the time of shipping.

15. Term. The term of this Agreement will be for one year from the Effective Date as defined below.
This Agreement will automatically renew for successive one-year periods unless terminated in
accordance with this Agreement. UPS may suspend or terminate delivery services for Shipper, or
terminate this Agreement immediately and cease providing service, if UPS determines in its sole and
unlimited discretion that such action is prudent or necessary. This