Small Parcel Shipping Terms in Challenging Times

Unfortunately we’re living in challenging times, and this is where Small Parcel shipping terms and conditions come into play for businesses in order to define and mitigate liabilities. Please be aware that the below carriers may reject claims during these times as defined in their terms and conditions. We’ve highlighted some relevant keywords for some clarity.

UPS:

UPS shall not be liable or responsible for:

Loss or damage due to acts of God, natural disasters, war risks, acts of terrorism, nuclear damage, acts of public authorities acting with actual or apparent authority, acts or omissions of customs or similar authorities, authority of law, the application of security regulations imposed by the government or otherwise applicable to the Shipment, riots, strikes or other labor disputes, civil unrest, disruptions in national or local air or ground transportation networks (including, but not limited to, UPS’s transportation network), disruption or failure of communication and information systems, or adverse weather conditions.

Link to Terms and Conditions: https://www.ups.com/assets/resources/media/en_US/terms_service_us.pdf

Reference: Page 32, Section 56.3 – Responsibility for Loss or Damage

Fedex:

We will not be liable for, nor will any adjustment, refund or credit of any kind be given as a result of, any loss, damage, delay, misdelivery, nondelivery, misinformation or failure to provide information caused by or resulting in whole or in part from:

D. Perils of the air, public enemies, criminal acts of any person(s) or entities, including, but not limited to, acts of terrorism, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotion, hazards incident to a state of war, local or national weather conditions, national or local disruptions in air or ground transportation networks (as determined solely by us), strikes or anticipated strikes (of any entity, including, but not limited to, other carriers, vendors or suppliers), labor disruptions or shortages caused by pandemic conditions or other public health event or circumstances, natural disasters (earthquakes, floods and hurricanes are examples of natural disasters), conditions that present a danger to our personnel, and disruption or failure of communication and information systems (including, but not limited to, our systems).

Link to Terms and Conditions: https://www.fedex.com/content/dam/fedex/us-united-states/services/Service_Guide_2020.pdf

Reference: Page 140 and 141 – Liabilities Not Assumed

DHL:

DHL is not liable for any loss or damage arising out of circumstances beyond DHL’s control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to DHL; any act or omission by a person not employed or contracted by DHL - e.g. Shipper, Receiver, third party, customs or other government official; “Force Majeure” - e.g. earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, civil commotion, or industrial action.

Link to Terms and Conditions: https://www.dhl.com/en/express/shipping/shipping_advice/terms_conditions.html

Reference: Section 9 – Circumstances Beyond DHL’s Control