Editor’s note: Armed American News obtained this blank copy of a shipping agreement between UPS and a licensed firearm dealer.
AGREEMENT FOR TRANSPORTATION OF FIREARMS AND FIREARM PARTS
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:
- 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/webcontent/en_US/terms_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.
- Defined Terms: Capitalized terms used and not otherwise defined in this Agreement will have the
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].
- 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 firstname.lastname@example.org 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Tendering Firearm Products Shipments. Shipper will tender Firearm Products Shipments to UPS at Shipper’s daily pickup location only.
- 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.
- 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.
- 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.
- 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.
- 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 Agreement may be terminated for any reason at any time upon seven (7) days’ written notice to the other Party.
- Amendments. UPS may modify or amend any requirements for Firearm Products Shipments at any time. By tendering Firearm Products Shipments to UPS for shipment, Shipper agrees to be bound by UPS’s requirements in effect at the time of shipping. Without limiting the foregoing, UPS may amend the Agreement at any time upon seven (7) days written notice to Shipper (provided that such notice requirement does not apply to any changes to the UPS Tariff/Terms or
the UPS Firearms Webpage).
- Headings; Construction. The headings in this Agreement are for convenience of reference only and in no way define or limit any of the provisions hereof or otherwise affect their construction or effect. Unless otherwise expressly provided, whenever the words “include”, “includes”, or “including” are used in this Agreement, they will be deemed followed by the words “without limitation,” and will not limit the preceding words or terms. Unless specifically indicated otherwise, the word “or” whenever used in this Agreement is used in the inclusive sense of “and/or” and not the exclusive sense of “either/or.” Words in the singular or plural form include the plural and singular form, respectively. Whenever the words “herein”, “hereto”, “hereof” or “hereunder” are used in this Agreement, they will be deemed to refer to this Agreement as a whole and not to any specific Section.
- Order of Precedence. In the case of any conflict among the body of this Agreement and the terms and conditions incorporated by reference, the UPS Firearms Webpage will control, followed by this Agreement, then the UPS Tariff/Terms.
- Entire Agreement. This Agreement constitutes the entire Agreement between the Parties hereto and supersedes all prior agreements and understandings, oral and written, between the Parties relating to the subject matter hereof.
IN WITNESS WHEREOF, the Parties hereto have executed or caused this Agreement to be duly executed by their duly authorized officers as of this day of (“Month”) (“Year”) (the “Effective Date”).
ACCEPTED AND AGREED TO:
UPS Firearm Account # (or attached list):
UPS Firearm Parts Account # (or attached list):
UPS Other Articles Account # (or attached list):
UNITED PARCEL SERVICE, INC.