Tariff and Terms and Conditions of Service

1, Introduction

The following contains the general terms and conditions of contract under which Nice Shipping Company (“NSC”) is engaged in the transportation of Package shipments itself and jointly through interchange with its affiliates via the services described below.

The NSC Tariff and Terms and Conditions of Service (“Terms”) are effective on the date set forth above and are subject to change without prior notice. The Terms are pub­lished electronically on the NSC website (Niceshippingcompany.com).

Tthe Shipper agrees that the version of the Terms and the applicable NSC Rate and Service Guide (“Service Guide”) in effect at the time of shipping will apply to the Shipment and its transportation (however, the binding arbi­tration requirement in Section 54 applies to all disputes within its scope, even as to shipments tendered before the effective date of these Terms). The Terms apply to the following services:1

– NSC Air Services

– NSC Hundredweight Service® Air Services

– NSC 3 Day Select®

– NSC Hundredweight Service® NSC 3 Day Select®

– NSC® Ground

– NSC® Ground with Freight Pricing

– NSC Hundredweight Service® Ground

– NSC Returns® Services

“NSC Air Services” includes: – NSC Next Day Air® Early

– NSC Next Day Air®

– NSC Next Day Air Saver® – NSC 2nd Day Air A.M®.

– NSC 2nd Day Air®

“NSC Hundredweight Air Services” includes:

– NSC Hundredweight Service® NSC Next Day Air®

-NSC Hundredweight Service® NSC Next Day Air Saver®

– NSC Hundredweight Service® NSC 2nd Day Air A.M®.

– NSC Hundredweight Service® NSC 2nd Day Air®

The Terms apply to the following interna­ tional services:

– NSC Worldwide Express Plus®

– NSC Worldwide Express NA1®

– NSC Worldwide Express®

– NSC Worldwide Express Freight® Midday – NSC Worldwide Express Freight®

– NSC Worldwide Saver®

– NSC Worldwide Expedited®

– NSC 3 Day Select® from Canada

– NSC® Standard services

“NSC Worldwide Express Freight Service” includes:

– NSC Worldwide Express Freight Midday – NSC Worldwide Express Freight

2. Definitions Used

– “Alaska and Hawaii Rates” refer to the effective NSC Rates for Shipments origi­ nating in Alaska and Hawaii published in the effective Service Guide for Alaska and Hawaii, or Retail Rates established by NSC for the service selected by the Shipper that apply to the Shipper and the Package, and are in effect at the time of shipping, plus any additional charges or rates for nonstandard service, additional or nonstandard usage, and any other additional charges referenced within

the Terms or the Service Guide, or those applicable additional rates set out in any customized contracts.

– “Business day” means Monday through Friday except the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day (December 25), and New Year’s Eve.*

– “Charges” means all applicable trans­ portation and other charges including, but not limited to, all applicable acces­ sorial charges, brokerage service fees, surcharges, additional handling charges and late payment fees. Any such Charges, including but not limited to any sur­ charges, are not intended solely to cover the cost of providing service and may result in profit to NSC.

– “Claimant” means any person asserting or against whom NSC asserts any claim in any forum for legal or equitable

relief – including, but not limited to, any claim for damages, refunds, credits, injunctive relief, and declaratory relief – arising out of or related to the provision of services by NSC.

– “C.O.D.” means for all purposes Collect on Delivery.

– “Commercial” refers to any address that is not Residential.

– “Daily Rates” and “Retail Rates” refer

to the effective NSC Rates for Shipments originating in the 48 contiguous United States established by NSC for the service selected by the Shipper that apply to the Shipper and the Package, and are in effect at the time of shipping, plus any addi­tional charges or rates for nonstandard service, or additional or nonstandard usage, and any other additional charges referenced within the Terms or the Service Guide, or those applicable additional rates set out in any custom­ ized contracts. Effective December 28, 2015, “Daily Rates” is deemed to mean “Standard List Rates.”

– “Delivery” shall be deemed to include, but not be limited to any of the follow­ing: (1) delivery to the Consignee or

the Consignee’s actual or apparent

agent or representative, or pursuant to Consignee’s instructions, (2) delivery to the address or location specified in the NSC Shipping System or, to any person present at such address, (3) delivery to

an alternate address or location, includ­ ing to a NSC Access Point® location, (4) delivery in accordance with trade custom or usage, (5) delivery pursuant to NSC'S driver release procedures, (6) delivery pursuant to NCS'S Shipper Release proce­ dures, or (7) delivery otherwise permit­ ted under the Terms.

– “Drop Shipment” means any Shipment tendered pursuant to a written agree­ ment or prior arrangement between NSC'S and a specific Shipper that permits the Shipper to tender quantities of individual Packages directly to NSC'S at a NSC'S pre­ approved designated location.

– “Letter Rates” refers to the NSC Rates applicable to single package Shipments using NSC Express® Envelope or NSC'S ® Letter packaging containing correspon­ dence, urgent documents, or electronic

1The Third Party Billing Service fee described in Section 44 applies to all NSC services worldwide, regardless of origin or destination.

media, with an actual weight of eight (8) ounces or less. (“NSC Express® Envelope” and “NSC Letter” may be referred to interchangeably.)

– “Package” means any container and its contents, and includes a NSC Express® Envelope, as well as any article that may be handled without packaging if the han­ dling thereof can be accomplished in a reasonably safe and practicable manner.

– “Perishable Commodity” refers to a perishable commodity or a commodity requiring protection from heat or

cold, including, but not limited to, live animals, foods, dry ice, flowers, biologi­cal materials.

– “Receiver” or “Consignee” refers to the party to whom the Shipment is being sent.

– “Residential” refers to an address that is a home, including, but not limited to, a business operating out of a home. If an address can be construed as either Residential or Commercial, then it will be considered Residential.

– “Shipment” means one or more Packages, or one or more pallets in a NSC Worldwide Express Freight® Service, shipped under

a single Source Document or NSC Auto­ mated Shipping System entry to one Receiver.

– “Shipper” refers to the party holding the NSC account used to process and tender

a Shipment to NSC or, if no account was used for the Shipment, then the party that contracted with NSC for the Ship­ ment. The term Shipper does not include, for example, a party to whom a Shipment was Third Party or collect billed, the party who drops off a NSC Returns® Services package, or a party that uses another party’s account for a Shipment.

– “Third Party” means any party that

is not the Shipper or Receiver/Consignee.

– “Third-Party Retailers” means loca­tions of The NSC Store® centers, NSC Authorized Shipping Outlet locations, and NSC Alliance Locations (located within Staples® retail locations). NSC may designate certain Third­Party Retailers as NSC Access Point® locations, as that term is defined below, but all terms and condi­tions applicable to Third­Party Retailers set forth herein shall continue to apply, regardless of such designation.

A “NSC Access Point®” location is an independently owned and operated busi­ness or a location (including a NSC Access Point® locker) designated as a NSC Access Point location by NSC where a Consignee or other recipient may, where available, receive a Package Delivery. Where avail­ able, Packages processed for shipment prior to tender using a NSC Shipping System may be tendered to a NSC Access Point® location. Hours of operation and availability of staffing vary by location.

– “NSC® Automated Shipping System,” “Source Document” and “PLD Upload.” Source Document means a shipping document provided by NSC for the pur­ pose of tendering a Shipment to NSC for transportation. NSC Automated Shipping System means WorldShip® technology, NSC CampusShip® technology, niceshippingcompany.com shipping (also referred to as online shipping), NSC marketplace shipping, NSC® Developer Kit, iShip® technology, NSC Host Access, NSC MobileTM shipping apps, or an approved NSC Ready® solu­ tion that meets NSC requirements at

the time of Shipment. PLD Upload means the transmission to NSC of Pack­ age manifest information, including without limitation, by Host Manifest Upload and Electronic Manifest Tool. The term “NSC Automated Shipping System,” “Source Document” and “PLD Upload,” individually or collectively, are sometimes referred to by the term “NSC Shipping System.”

– “NSC Customer Center” means a NSC facility where Shippers may tender Packages to NSC for transportation, and a Consignee or other recipient may receive a Package Delivery.

– “NSC Rates” refers collectively to Daily Rates (which are inclusive of Standard List Rates), Retail Rates, Alaska and Hawaii Rates, Letter Rates, Pak Rates, and NSC 10 KG Box and NSC 25 KG Box Rates.

– “NSC Returns® Services” refers collec­ tively to NSC Authorized Return®, Print Return Label, Electronic Return Label, and Print and Mail Return Label, 1 NSC Pickup Attempt, 3 NSC Pickup Attempts, NSC Returns® on the Web, and NSC Returns® Exchange.

– “NSC Smart Label®” tag as defined here and described in the NSC Guide to Labeling includes but is not limited to the MAXI­ CODE, postal code bar code, current NSC

Routing Code, appropriate NSC service level icon, and NSC 1Z tracking number bar code.

– “NSC Worldwide Express Freight® Center” means a NSC facility where Shippers may tender NSC Worldwide Express Freight® Service pallets to NSC for transportation, and a Consignee or other recipient may receive pallets.

3. Commodities Handled

and Restrictions on Service

NSC holds itself out to transport general commodities, as usually defined, subject to the following restrictions.

The Shipper agrees to indemnify, defend, and hold harmless NSC and its affiliated companies, their officers, directors, employees, agents from all claims, demands, expenses, liabilities, causes of action, enforcement procedures, and suits of any kind or nature brought arising from or relating to a Shipment in violation of appli­ cable law or regulation, or of these Terms.

3.1 Items Not Accepted for Transportation

No service shall be rendered in the trans­ portation of any of the prohibited articles listed in the applicable Service Guide or the Terms.

NSC does not accept for transportation, and Shippers are prohibited from shipping:

– Articles of unusual value, which shall be deemed to include, but are not limited to:

• Any Package with an actual value of more than $50,000, except that the actual value of Packages declared

in accordance with the Enhanced Maximum Declared Value provisions of Section 55.1 (“Maximum Declared Values”) cannot exceed $70,000;

• Any pallet with an actual value of more than $100,000;

• Coins, cash, currency, bonds, postage stamps, money orders, and negotiable instruments (such as drafts, bills of exchange, or promissory notes, but excluding checks);

• Any article that contains more than

50 percent by weight of gold or plati­ num, or any combination thereof in raw form including, but not limited to, bullion, bars, or scraps of these metals.

– Hazardous waste, defined as a solid waste that meets any of the criteria of the hazardous waste as described in 40 C.F.R. § 261.3;

– Human remains, fetal remains, human body parts, human embryos, or compo­ nents thereof;

– Common fireworks;

– Replica or inert explosives or weapons that bear an appearance to actual explo­ sives or weapons (except as a contractual service);

– Packages containing marijuana, as defined in 21 U.S.C. § 802(16), including marijuana intended for medicinal use;

–Packages using the same shipping label and tracking number as any other Package or a shipping label altered without NSC'S express authorization.

If any such Package is found in the NSC system, each such Package is subject to charge and NSC will apply Charges in its sole and unlimited discretion.

– Packages with an actual weight of more than 150 pounds, or Packages that when measured to determine the billable weight exceed 108 inches in length, or exceed a total of 165 inches in length plus girth [(2 x width) + (2 x height)] com­bined. If found in the NSC system, they are subject to one or more of the follow­ ing additional charges: Over Maximum Weight, Over Maximum Length, or Over Maximum Size. Such charges apply in addition to all other applicable Charges including, but not limited to, a Large Package Surcharge. NSC reserves the right in its sole and unlimited discretion to return such Packages to the Shipper at Shipper’s expense;

– Without prior approval by NSC, NSC Worldwide Express Freight® Service pallets that exceed maximum size or weight restrictions (which vary by origin and destination). Such pallets will be subject to an Oversize Pallet Handling Surcharge.

– Shipments tendered (including pre­ processed drop offs) to a Third­Party Retailer or NSC Access Point® location containing any hazardous materials requiring shipping papers, firearms, or ammunition. These prohibitions also apply to shipments delivered to a Third­ Party Retailer or NSC Access Point loca­tion, except for ammunition that satisfies all requirements for the shipment of

ammunition set forth in Section 3.7.2 (“Ammunition”), including qualifying for the exception for Limited Quantity packages;

– NSC Returns® Services Shipments con­ taining hazardous materials (except for Limited Quantity Ground Packages, as set forth below), or firearms, or Signature Required services; and

– Any other items prohibited by the Service Guide, or on the NICESHIPPINGCOMPANY.COM website.

Shippers are prohibited from shipping and NSC will not accept for transportation Shipments containing articles that NSC is not authorized to accept or that NSC states in the Terms that it will not accept, includ­ing when such Shipments are tendered for transportation at NSC Customer Centers, NSC Worldwide Express Freight® Centers, NSC Access Point® locations, or any Third­ Party Retailer.

NSC reserves the right, but is not required, to return to the Shipper any Shipment containing a prohibited article. Such return will be made solely at the Shipper’s risk and expense. NSC also reserves the right in its sole and unlimited discretion to dispose of a prohibited article found in the NSC system.

3.2 Maximum Values

NSC does not accept for service Packages with values as set forth below:

– Any Package with an actual value of more than $50,000, or $70,000 for Packages declared in accordance with the Enhanced Maximum Declared Value provisions of Section 55.1 (“Maximum Declared Values”);

– Packages with a value of $1,000 or more shipped via a Third­Party Retailer or

NSC Access Point® location (including a NSC Access Point® locker) if such Packages were processed for shipment using a NSC Shipping System prior to drop off at the Third­Party Retailer or NSC Access Point® location or billed using Bill My Account;

– Packages processed for shipment prior

to tender using a NSC Shipping System and tendered to a NSC driver or NSC Customer Center with a value of more than $1,000, unless a NSC high­value shipment summary is obtained by the Shipper or person tendering the Package and signed by the driver or NSC Customer Center representative upon tender of

the Package;

– Packages shipped or delivered to a NSC Access Point® location with a value of $5,000 or more;

– Domestic Packages with a value of more than $1,000 returned via Print Return Label, Print and Mail Return Label, Electronic Return Label, or 1 NSC Pickup Attempt Return Services;

– International Shipments with a value of more than $1,000 per Package or pallet returned via NSC Print Return Label, NSC Print and Mail Return Label, Electronic Return Label, 1 NSC Pickup Attempt, or 3 NSC Pickup Attempts Return Services (including via NSC Returns® on the Web) unless a NSC high­ value shipment summary is obtained by the Shipper or person tendering the Shipment and signed by the driver or NSC Customer Center representative upon tender of the Shipment;

– International NSC Import Control® Shipments with a value of more than $1,000 per Package or pallet unless a

NSC high­value shipment summary is obtained by the Shipper or person ten­ dering the Shipment and signed by the driver or NSC Customer Center represen­ tative upon tender of the Shipment;

– Packages with a value of more than $500 shipped via a NSC Drop Box;

– Prepaid Letters with a value of more than $100;

– Packages with a value of more than $999 when Shipper Release is selected;

– Packages with a C.O.D. amount in excess of $500 shipped via a NSC Drop Box;

– NSC Worldwide Express Freight® Service Shipments having a value of more than $100,000 per pallet.

3.3 Prohibited by Law

No service shall be rendered by NSC in

the transportation of any Shipment that

is prohibited by applicable law or regula­ tion of any federal, state, provincial, or local government in the origin or destina­ tion country. It is the responsibility of

the Shipper to ensure that a Shipment tendered to NSC, and any NSC Shipping System entry that the Shipper prepares for that Shipment, does not violate any federal, state, provincial, or local laws or regula­tions applicable to the Shipment.

3.4 Alcoholic Beverages

Packages containing alcoholic beverages (wine, beer, or spirits) are accepted for transportation only as a contractual service and only from Shippers who are licensed and authorized under applicable laws to ship alcoholic beverages. To receive service for Packages containing alcoholic beverages, the Shipper must enter into

an approved NSC agreement for the transportation of wine, beer, or spirits,

as applicable. For all Packages containing alcoholic beverages, the Shipper must use Adult Signature Required service request­ ing an adult signature for each Package containing alcoholic beverages, and must affix a special NSC alcoholic beverages label to each Package. For all U.S. inbound import Shipments containing alcoholic beverages, the Receiver must be licensed and authorized to receive the alcoholic beverages. It is the responsibility of the Shipper to ensure that a Package tendered to NSC does not violate any federal, state, or local laws or regulations applicable to the Package.

NSC reserves the right to dispose of any alcoholic beverages tendered for ship­ ment which Shippers are prohibited from shipping, which NSC is not authorized to accept, which NSC states that it will not accept, or which NSC has a right to refuse. NSC reserves the right to discontinue service to any Shipper for, among other reasons, tendering a Package containing alcoholic beverages that does not comply with all applicable laws or the Terms.

3.5 Marijuana and Hemp

Shipment of Marijuana, as defined in 21 U.S.C. § 802(16), is prohibited under any circumstances. Packages containing raw hemp are accepted for transportation

only as a contractual service. To receive service for Packages containing hemp, the Shipper must enter into an approved NSC agreement for the transportation of hemp. Products made from Hemp (including cannabidiol) are accepted for shipment only as permitted by state and federal

law, including compliance with the Food, Drug & Cosmetic Act, 21 U.S.C. § 321, et

seq. Shippers are prohibited from shipping Hemp products except as allowed under all applicable law, and it is the responsibility of the Shipper to ensure compliance with all such laws.

NSC reserves the right to dispose of any shipment containing Marijuana, Hemp,

or Hemp products tendered for shipment which Shippers are prohibited from shipping, which NSC is not authorized to accept, which NSC states that it will not accept, or which NSC has a right to refuse. NSC reserves the right to discontinue service to any Shipper for, among other reasons, tendering a Package containing Marijuana, Hemp, or Hemp products that do not comply with all applicable laws or the Terms. See Niceshippingcompany.com/terms for additional information.

3.6 Biological Materials

NSC accepts Packages containing “Biological Substance, Category B” as defined in 49 C.F.R. § 173.134, which are prepared in accordance with all aspects of 49 C.F.R.

§ 173.199.

Transportation of other biological materials is limited, must be prearranged, and will only be provided under the following conditions: the Shipper has received prior written authorization from NSC for the specific Package tendered; and the Shipper requests service in accordance with the conditions set forth in the written authori­zation from NSC for the Package tendered. Any Package containing biological materials shall be considered a Perishable Commodity.

3.7 Firearms and Ammunition

NSC accepts Packages containing firearms or ammunition only pursuant to the following limitations.

3.7.1 Firearms

NSC accepts Packages containing firearms (as defined by Title 18, Chapter 44, and Title 26, Chapter 53 of the United States Code) only (a) between licensed importers, licensed manufacturers, licensed dealers, and licensed collectors (as defined in Title 18, Chapter 44 of the United States Code), and government agencies; and (b) where not otherwise prohibited by federal, state, or local law from (i) an individual to a licensed importer, licensed manufacturer, licensed dealer or licensed collector; and (ii) from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to an individual. The Shipper shall comply with and shall ensure that each Shipment containing firearms complies with all federal, state, and local laws applicable to the Shipper, recipient, and Package, including, without limitation,

age restrictions.

– The Shipper must use Adult Signature Required and Direct Delivery Only

services for each Package containing

a firearm (including handguns). NSC,

in its sole and unlimited discretion,

may require the Shipper to select a NSC Next Day Air® delivery service for any Package containing a firearm. Handguns (as defined by 18 U.S.C. § 921) will be accepted for transportation only via a NSC Next Day Air delivery service.

– Firearms (including handguns) are accepted for transportation only via Scheduled Pickup Service or at a NSC Customer Center. Firearms (including handguns) are not accepted for transpor­ tation via NSC Drop Boxes or in response to a request for NSC On­Call Pickup® service, and are not eligible for Delivery Change Requests (including, but not limited to, requests reroute) or NSC My Choice® requests, or drop­off or pickup at NSC Access Point® locations or Third­ Party Retailers. NSC Returns® Services are not available for Packages containing firearms.

– Firearm parts, which do not constitute firearms as defined under federal law (including without limitation Title 18, Chapter 44, and Title 26, Chapter 53 of the United States Code), and which other­ wise comply with federal, state, and local law, will be accepted for transportation.

– Firearms (including handguns) and fire­ arm parts are not accepted for shipment internationally. Replicas or simulated firearms are not accepted for shipment internationally except as a contractual service.

3.7.2 Ammunition

NSC accepts ammunition for transporta­ tion where such ammunition constitutes “cartridges, small arms,” as defined in 49 C.F.R. § 173.59. The Shipper shall comply with and shall ensure that each Shipment containing ammunition complies with all federal, state, and local laws applicable to the Shipper, recipient, and Package, includ­ ing, without limitation, age restrictions.

– Ammunition will be transported only when packaged and labeled in compli­ ance with 49 C.F.R. § 172 (Hazardous Materials), and must be shipped in accor­ dance with the NSC Guide for Shipping Ground and Air Hazardous Materials. Ammunition may not be shipped in the same package as a firearm.

To meet the exception for Limited Quantity, ammunition can be shipped via NSC Ground only within the 48 con­ tiguous United States or NSC Ground Intra­Oahu and Intra­Alaska. All other allowable ammunition Shipments are accepted only on a contractual basis, and must be prepared under the rules for a fully regulated hazardous material. See further details in Section 3.11 (“Limited Quantity Packages”).

– Ammunition is not accepted for ship­ ment internationally.

3.8 Food Transport; Assumption

of Legal Responsibility

Shipments containing “food,” as defined

in section 201(f) of the Federal Food,

Drug, and Cosmetic Act, will be accepted for transportation only according to the following terms. Shipper assumes all responsibility with respect to establishing and maintaining all records required under 21 C.F.R. Part 1 Subpart J §§ 1.326­1.363.

In so doing, Shipper assumes the legal responsibility under 21 C.F.R. § 1.363 for establishing and maintaining records that would otherwise be required to be main­ tained by NSC. Shipper agrees its records will comply with 21 C.F.R. § 1.352 and

shall identify the immediate recipient of the transported food; the origin and des­tination points of shipment; the date the Shipment is received and the date released; the number of Packages shipped; a descrip­tion of the freight describing the type of food received and released; and the route of movement. Shipper agrees expressly

to make all records required by 21 C.F.R.

§ 1.352 available to FDA as required by

21 C.F.R. § 1.361. Shipper commits, and recognizes that it has the responsibility,

to ensure that all such records are main­ tained consistent with the record retention requirements provided in 21 C.F.R. § 1.360 and the record availability requirements provided in 21 C.F.R. § 1.363. Shipper agrees that within 45 days of the date of shipment, Shipper will obtain or request from NSC any information needed from NSC to satisfy Shipper’s responsibility to establish and maintain records. Shipper recognizes that the foregoing obligations with respect to establishing and maintain­ ing records cannot be terminated. Shipper expressly agrees to immediately assume

responsibility to establish and maintain records as provided in this paragraph, regardless of any FDA­designated compli­ ance date for any provision of 21 C.F.R. Part 1 Subpart J.

3.9 Hazardous Materials Service

Hazardous Materials, defined as those materials regulated under Title 49 of the Code of Federal Regulations (49 C.F.R.) (excluding Limited Quantity Ground Packages, as referenced below), and Dangerous Goods, defined as those mate­ rials regulated by the International Civil Aviation Organization (ICAO) and pub­ lished in the International Air Transport Association (IATA) Dangerous Goods Regulations (collectively referred to as “Hazardous Materials,” or “Dangerous Goods,” or “International Dangerous Goods”), are accepted for transportation only as a contractual service and in accor­ dance with the NSC Guide for Shipping Ground and Air Hazardous Materials, or the NSC Guide for Shipping International Dangerous Goods. To receive Hazardous Materials or Dangerous Goods service,

the Shipper must sign and agree to the provisions set forth in an approved NSC agreement or agreements relating specifically to the transportation of Hazardous Materials, Dangerous Goods, or International Dangerous Goods (“Hazardous Materials Agreement(s)”). Contact NSC for specific information, including a list of “Common Items That May Be Classified as Hazardous Materials.”

An additional charge will be assessed for each Hazardous Materials Shipment. If the Shipper fails to select a service level, provide the Dangerous Goods Class, or identify that a Shipment is not fully regu­ lated, the Shipment will be charged at the highest level of service, as Accessible Dangerous Goods, as fully regulated, or any combination of the above based on the Shipper’s failure to provide sufficient information to NSC. NSC may also assess an additional surcharge for Packages

or pallets containing certain types of Hazardous Material. Applicable surcharges are described in the Service Guide and at the Niceshippingcompany.com website.

It is the Shipper’s responsibility to deter­ mine if a Shipment contains a Hazardous Material and to properly classify, label, mark, and package it in accordance with applicable governmental regulations. When required, the Shipper is responsible for ensuring that all of its employees

involved in the preparation of Hazardous Materials for transport are properly trained, tested, and certified in accordance with 49 C.F.R. Part 172.700 through 172.704, or with IATA (Section 1.5) and for ensuring that a program exists for the retraining, testing, and certification as required by these rules.

All packaging used by the Shipper for the transportation of Hazardous Materials, when required by regulation, must pass UN performance testing in accordance with 49 C.F.R. Part 178.602 through 178.609 or IATA (Section 6.0).

The Shipper must use a software system, such as the most current version of WorldShip® software that is acceptable to NSC for the preparation of documents for shipping Hazardous Materials, or an alter­ native method determined by NSC in its sole and unlimited discretion to perform the same functions. NSC will provide Shippers, upon request, a list of vendors who provide acceptable software systems.

NSC reserves the right to refuse to accept, to return, or to dispose of, in compliance with applicable laws and regulations, any Hazardous Material that it determines not to have been prepared in accordance with the NSC Guide for Shipping Ground and Air Hazardous Materials, the NSC Guide for Shipping International Dangerous Goods, and all applicable governmental laws

and regulations. The Shipper agrees to reimburse NSC for any costs or expenses incurred as a result of any improperly packed or prepared Hazardous Materials which Shipper tenders to NSC. In addition, the Shipper agrees to reimburse NSC for any costs or expenses incurred by NSC

if Hazardous Materials tendered by the Shipper are refused by the Shipper upon return or cannot otherwise be delivered for any reason including, but not limited to, wrong delivery address or refusal of Receiver to accept Delivery.

NSC reserves the right, in its sole and unlimited discretion and without prior notice to the Shipper, to dispose of any international Shipment containing Dangerous Goods refused by the Receiver or which for any other reason cannot be delivered. Shipper shall be responsible for all disposal fees.

The Shipper agrees to indemnify, defend, and hold harmless NSC, its parent corporation, and affiliated companies, their officers, directors, employees, agents, and their successors and assigns, from all claims, demands, expenses (including reasonable attorney’s and consultants’ fees), liabilities, causes of action, enforcement procedures, and suits of any kind or nature brought by a governmental agency or any other person or entity arising from or relating to the transportation of a Hazardous Materials Shipment, from the Shipper’s breach of

the Hazardous Materials Agreement(s) or the Terms, or from the Shipper’s non­ compliance with governmental laws or regulations applicable to the transporta­ tion of Hazardous Materials whether such action is brought by a governmental agency or other person or entity. Under no circumstances shall NSC be liable

for special, incidental, or consequential damages arising from the transportation of a Hazardous Materials Shipment.

Pursuant to 49 C.F.R. Part 173.30, in the event the Shipper loads any NSC vehicle, the Shipper agrees to segregate Hazardous Materials in accordance with 49 C.F.R. Part 177.848 and properly secure Hazardous Materials in accordance with 49 C.F.R. Part 177.834.

NSC does not accept Hazardous Materials in any amounts that require placarding under 49 C.F.R. Part 172, Subpart F. The Shipper agrees not to tender Hazardous Materials to NSC in any amount for a single vehicle that would require placarding in accordance with 49 C.F.R. Part 172, Subpart F.

NSC reserves the right to discontinue

or terminate service immediately with respect to the transportation of Hazardous Materials if the Shipper fails to comply with any provisions of the Terms, or any applicable government regulations (includ­ ing Limited Quantity Shipments that are tendered without the proper shipping documentation). If a Shipper tenders an undeclared Hazardous Materials Ship­ ment to NSC, NSC shall not be liable for

the Shipment in the event of loss, damage, delay, or misdelivery, nor shall NSC be liable for any special, incidental, or conse­quential damages.

If the Shipper ships Hazardous Materials from more than one location, and the Shipper fails to comply with any provisions of the Terms, the Hazardous Materials Agreement(s), or any governmental regula­ tions, NSC may, in its sole and unlimited discretion, terminate all of the Shipper’s shipment locations or limit such termina­ tion to those locations where the failure

to comply occurred.

Shippers are prohibited from shipping

and NSC will not accept for transporta­tion Shipments containing any Hazardous Materials requiring shipping papers (defined as those materials regulated under Title 49 of the Code of Federal Regulations) or Dangerous Goods requir­ ing Shipper’s Declaration for Dangerous Goods documents, when such Shipments are presented for shipment at NSC Customer Centers, Third­Party Retailers, or NSC Access Point® locations. Hazardous Materials requiring shipping papers cannot be picked up via NSC On­Call Pickup® service, or retrieved via any NSC Returns® Service, except as a contractual service. NSC Ground with Freight Pricing service is not available for Hazardous Materials Shipments (unless the Package qualifies as a Limited Quantity Package as set forth in Section 3.11 (“Limited Quantity Packages”)).

Additional terms applicable to the ship­ ment of Hazardous Materials are set forth in the NSC Guide for Shipping Ground and Air Hazardous Materials, and the NSc Guide for Shipping International Dangerous Goods, the terms of which are each incor­ porated here by this reference.

3.10 Dry Ice

Packages containing dry ice (carbon dioxide, solid) as a refrigerant, but no other Hazardous Materials, are accepted for transportation within the United States via NSC Ground and NSC Air Services (provided such Packages are prepared in accordance with all applicable govern­ mental regulations) without a Hazardous Materials Agreement. Packages contain­ ing Hazardous Materials that use dry ice (carbon dioxide, solid) as a refrigerant are accepted for transportation within the United States via NSC Ground and NSC Air Services only as a contractual service. Any Package containing dry ice will be consid­ ered a Perishable Commodity. Packages containing dry ice may be tendered for shipment at The NSC Store® locations, where such services are available. A contract is required for all international Shipments of dry ice.

3.11 Limited Quantity Packages

Limited Quantity Packages are accepted for transportation without Hazardous Materials shipping papers and without a contract, only within the 48 contigu­ous United States via NSC Ground, NSC

Ground with Freight Pricing service, and NSC Hundredweight Service® Ground, and via NSC Standard to Canada and NSC Ground Intra­Alaska and Intra­Oahu services, when properly classified, pack­ aged and marked, provided the Shipper has reviewed the required checklist and service restrictions with a NSC repre­sentative. Limited Quantity Packages shipped via NSC Air Services and NSC

3 Day Select® service within the United States and Puerto Rico are accepted for transportation on a contractual basis only. Limited Quantity Packages containing ammunition are not accepted for shipment internationally.

3.12 Hazardous Waste, Mercury,

and Mercury-Containing Waste Packages containing hazardous waste, defined as a solid waste that meets any of the criteria of hazardous waste as described in 40 C.F.R. § 261.3, are not accepted for transportation.

NSC's acceptance for transportation of any elemental mercury, mercury­containing material, or used mercury­containing device (including, but not limited to, medical devices, spent fluorescent lamps, thermostats, or thermometers) is limited, must be prearranged, and will only be provided pursuant to prior written autho­ rization from NSC upon satisfaction of certain requirements including appropri­ ate packaging and financial assurances.

3.13 Live Animals

NSC provides service on a limited basis

for some types of live animal Shipments. (The term “animal” as used here refers

to anything living, except plants.) Live animals may be shipped only pursuant to the restrictions and conditions set forth

on the niceshippingcompany.com website regarding Shipping Live Animals. A live animal Shipment will be considered a Perishable Commodity. Contact NSC for informa­tion regarding shipping live animals.

3.14 Perishable Commodities

NSC does not provide a protective service for the transportation of Perishable Commodities. Such commodities will

be accepted for transportation solely at the Shipper’s risk for any damage arising from the perishable nature of the item. Shippers shall not file claims for, and NSC shall not be liable to Shippers or any third parties for, any damage arising from the transportation of Perishable Commodities arising from exposure to heat or cold or the perishable nature of the item, regardless of whether the Shipment is delivered pursu­ ant to an applicable NSC Service Guarantee or is delayed in transit. NSC reserves the right to dispose of any Shipment in the

NSC system containing a Perishable Commodity that NSC deems in its sole

and unlimited discretion to be of no value, unsafe or unsanitary.

3.15 Pharmaceuticals

The Shipper shall comply with and shall ensure that each Shipment containing pharmaceutical products complies with all applicable federal, state, provincial, and local laws and regulations governing the dispensing, shipment or tender of ship­ ment of pharmaceutical products.

3.16 Portable Electronic Devices

NSC transports Shipments containing radio frequency identification devices (RFID), ultrawideband devices (UWB), and other portable electronic devices (PED) only when such devices are in an inactivated state or otherwise in compliance with applicable law including 14 C.F.R. § 91.21, 14 C.F.R. § 121.306, or 47 C.F.R. § 15.521(a).

3.17 Tobacco and Vaping Products

Shipments containing Tobacco Products (“Tobacco Product Shipments”), are accepted for transportation only from Shippers who are licensed and autho­ rized to ship Tobacco Products pursuant

to applicable laws. NSC does not provide service to any person or entity listed in the Bureau of Alcohol, Tobacco, Firearms and Explosives PACT Act – Non­Compliant List.

the term “Tobacco Products” includes any product made or derived from tobacco that is intended for human consump­

tion, including any component, part, or accessory of a tobacco product; the term includes, without limitation, e­cigarettes, e­hookah, e­cigars, vape pens, advanced refillable personal vaporizers, and electronic pipes.

NSC prohibits the shipment of Cigarettes or Little Cigars to consumers. NSC also prohibits the shipment of all Vaping Products

throughout its U.S. domestic network, including import and export, regardless of nicotine content and destination state. To make other Tobacco Product Shipments, the Shipper must sign, agree to, and comply with the provisions set forth in an approved NSC agreement for the transportation of Tobacco Products. Shippers and receivers must comply with all applicable federal, state, provincial, or local laws or regulations, and all Tobacco Product Shipments must conform to

the terms, conditions, restrictions, and prohibitions at the time of shipping. It is the responsibility of the Shipper to ensure that a Shipment tendered to NSC, including a Tobacco Product Shipment, does not violate any federal, state, provincial, or local laws or regulations applicable to the Shipment. For all Tobacco Product Shipments, the Shipper must use Adult Signature Required service requesting an adult signature at the time

of delivery. NSC reserves the right to refuse to accept, transport, or deliver any Tobacco Product Shipment that NSC, in its sole and unlimited discretion, determines does not comply with NSC requirements for the ship­ ment or any applicable law or regulation, and to discontinue any or all service to any Shipper for, among other reasons, tendering such a Shipment. NSC reserves the right to dispose of any Tobacco Product Shipment that Shippers are prohibited from shipping, that NSC is not authorized to accept, that NSC states that it will not accept, or that NSC has a right to refuse.

3.18 Prohibited Item Fee

Packages that contain any of the prohibited articles listed in the applicable Service Guide or the Terms are subject to additional charges, including but not limited to a Prohibited Item fee, if found in the NSC system. Packages that contain restricted articles not in compliance with all NSC policies and procedures and applicable laws and regulations are also subject to additional charges, including but not limited to a Prohibited Item fee, if found

in the NSC system. Such charges apply in addition to all other applicable Charges and in addition to any other rights to recovery NSC may have under the Terms

or applicable law. NSC reserves the right in its sole and unlimited discretion to dispose of such Packages, submit such Packages

to governmental authorities, or return such Packages to the Shipper solely at the Shipper’s risk and expense. The Shipper agrees to reimburse NSC for any costs or

expenses incurred as a result of Shipper ten­ dering any such Packages to NSC, including but not limited to all disposal fees.

4. Provisions for Export and Customs Clearance of International Shipments The Shipper (or the party tendering an international Shipment to NSC for service, referred to for purposes of this Section

4 as “Shipper”) is responsible for com­ pliance with all applicable U.S. export control requirements, and must provide NSC with all documentation and informa­ tion required by the laws of the origin

and destination countries for export and import of Shipments (i.e., for export and customs clearance). The Shipper is respon­ sible for determining export and import licensing or permitting requirements

for a Shipment, obtaining any required licenses and permits, and ensuring that

the Consignee is authorized by the laws

of the origin and destination countries to receive the Shipment. The Shipper must regularly review its import and export transactions and immediately notify NSC of any incorrect or incomplete informa­ tion provided, including information filed with, or otherwise transmitted (whether in writing or electronically) to, a U.S. or other governmental agency. By tender­

ing an international Shipment for service and providing NSC with documentation (including any Source Documents), the Shipper certifies that the documentation includes all required licenses and permits, that the statements in that documenta­ tion and any other information that the Shipper provides to NSC relating to expor­ tation and importation are complete, true, correct, and in compliance with the laws of the origin and destination countries, and that the Consignee is authorized by the laws of the origin and destination countries to receive the Shipment. Further­ more, the Shipper understands that civil and criminal penalties including seizure and forfeiture, may be imposed for failing to provide NSC with all required documen­ tation, licenses, permits, statements, and information, for making inaccurate, false, or fraudulent statements, or for violating U.S. or other country laws regulating exports or imports (see, e.g., 13 U.S.C.

§ 305; 18 U.S.C. §§ 545, 554 and 1001; 19 U.S.C. §§ 1595a and 1592; 22 U.S.C. § 401; and Subchapter C of 15 C.F.R. (i.e., The Export Administration Regulations)).

Shipper further authorizes NSC to share information generally considered con­ fidential under 19 CFR 111.24 or anyapplicable laws, rules, or regulations of countries other than the United States

that govern the confidentiality of customs brokerage data, including but not limited to information concerning points of contact, addresses and telephone numbers, revenue, and customs entry data, with corporations owned by or under common ownership with NSC, with corporations owned and operated by Nice Shipping Company,Inc., Virginia, or with NSC'S authorized service providers incidental

to their provision of services.

When an international Shipment is ten­dered to NSC, NSC is thereby appointed

as the agent for performance of customs clearance in the destination country to the extent allowed by law. The Shipper shall provide all Powers of Attorney and other authorizations required by appli­ cable law for NSC to serve as the Shipper’s agent to perform customs clearance in the destination country. NSC is specified as the nominal Consignee for the purpose of designating a customs broker to perform customs clearance. Local authorities may require documentation confirming that NSC has been designated as the nominal Consignee.

Fines, penalties, liquidated damages, storage charges, or other expenses incurred as a result of an action by U.S. Customs

and Border Protection (or any other U.S.

or other country’s government agency reg­ ulating imports or exports), or as a result

of the failure of the Shipper or Consignee to provide complete, true, and correct doc­ umentation, statements, or information required by the laws of the origin and des­ tination countries (including the failure

to obtain a required license or permit) will be charged to the Shipper or Consignee along with any applicable duties, fees, or taxes, and any applicable late payment

fees assessed by NSC. Unless a written agreement between NSC and the Shipper specifies otherwise, NSC reserves the right in its sole and unlimited discretion to charge the Shipper or Consignee for any such fines, penalties, liquidated damages, storage charges, expenses, duties, fees, taxes, or late payment fees. Regardless of any such written agreement specifying otherwise, in the event of non­payment by the Con­ signee, the Shipper is liable for all Charges.

The Shipper agrees to indemnify, defend, and hold harmless nsc, its parent cor­ poration, and affiliated companies, their officers, directors, employees, agents, and their successors and assigns, from any and

all claims, demands, expenses, or liabilities including, but not limited to, fines, penal­ ties, liquidated damages, storage charges, duties, fees, taxes, late payment fees, or other money due, arising from the trans­ portation, importation, exportation, or customs clearance of Shipments on behalf of the Shipper, or arising from the Shipper’s noncompliance with the laws of the origin and destination countries, or NSC require­ ments applicable to the Shipment.

NSC provides routine customs clearance through NSC Supply Chain Solutions® brokerage offices designated by NSC for handling customs clearance of Shipments at no additional charge, except for NSC® Standard to and from Canada Shipments, for which a brokerage service charge applies. Other nsc Supply Chain Solutions® customs brokerage offices charge fees for the clearance of Packages and freight. For NSC Standard to Mexico, NSC Supply Chain Solutions® customs clearance is required. Failure to do so will result in Packages automatically returned to Shipper.

Additional charges may apply for complex customs clearance procedures, which include, but are not limited to, the following:

– Clearance procedures involving a govern­ ment agency other than U.S. Customs and Border Protection;

– Customs Bonds;

– Drawbacks;

– Formal entries involving more than

three tariff lines;

– Live Entries;

– Country of Origin Marking; or

– Temporary Import Bonds (T.I.B.).

NSC is under no obligation, unless the customer requests in writing and NSC agrees in writing, to undertake any pre­ or post­importation action including, but not limited to, obtaining binding rulings, advising of liquidations, filing protests, or filing petitions for relief.

NSC may prepay duties, fees, or taxes on behalf of the payer. For importation into the United States, a fee will be assessed and billed to the importer. A fee may also apply for shipments to other countries.

For any claims arising from import, export or customs clearance activities, the liabil­ ity of NSC (including NSC Supply Chain Solutions) shall be limited to the lesser of (i) $50 per entry, filing, or transaction; or (ii) the amount of fees paid to NSC for such entry, filing, or transaction.

4.1 Electronic Export Information

If Electronic Export Information (EEI)

is required to be filed through the Automated Export System (AES) under

the Foreign Trade Regulations of the U.S. Bureau of the Census (“Census”) (i.e., Part 30, 15 C.F.R.), and the Shipper has not

filed the EEI and provided an Internal Transaction Number (ITN) to NSC to confirm that an EEI transaction was sub­ mitted to Census by the Shipper accepted and is on file in the AES, NSC will electroni­ cally file the required EEI on behalf of the Shipper, provided that all information required to file the EEI is supplied by the Shipper in the NSC Shipping System or other export documentation and NSC has received proper authorization or a Power of Attorney from the Shipper to complete and file the EEI. A processing fee will be assessed and billed to the Shipper. The Shipper is solely responsible for determin­ ing whether EEI is required to be filed through the AES for its shipment and for ensuring that the EEI is accurately and timely filed, whether by the Shipper or by NSC acting as the filing agent on behalf of the Shipper.

4.2 Certificate of Origin

NSC may, based solely on information that the Shipper furnishes, prepare a Certificate of Origin for goods manufactured and orig­ inating within the United States on behalf of the Shipper when one is required but not included with the export documents provided by the Shipper. When authoriz­ ing NSC to prepare a Certificate of Origin, the Shipper certifies that the information it provides to NSC is complete, true, and correct and that the completed Certificate of Origin complies with the laws of each country where a claim will be made that the goods are manufactured and originate in the United States. A processing fee will be assessed and billed to the Shipper.

4.3 NSC Paperless® Invoice Service

A Shipper must register with NSC and accept the NSC SCS Paperless Invoicing Terms and Conditions in advance of ship­ ping to use NSC Paperless Invoice service, where such services are available. The Shipper also acknowledges that, by continu­ ing to use NSC Paperless Invoice service,

the Shipper is accepting any updates

and revisions to the NSC SCS Paperless Invoicing Terms and Conditions. By using NSC Paperless Invoice service (via a NSC Automated Shipping System or any other method, including, but not limited to, an API platform or a third­party system) or any other means on a NSC Automated Shipping System to electronically generate a paper­ less invoice, the Shipper authorizes NSC to use the Shipper’s letterhead and electronic signature and the data, documents, and information that the Shipper provides

to generate true, correct, and paperless invoices that reflect, in all material respects, the Shipper’s actual commercial invoice and the Shipper’s sale transactions of merchan­ dise to its buyers (i.e., the “Sold To” Parties) and that are necessary to expedite in accor­ dance with law the export and customs clearance of international Shipments. The Shipper shall provide to NSC in advance

all required information including, but

not limited to, the true and accurate price

at which the merchandise was sold to the “Sold To” Party, any required additions to customs value (e.g., dutiable commissions, royalty/license fees, assists, packing costs, and proceeds of subsequent sales), the cur­ rency of the sale, country of origin, terms

of sale, the quantities, ultimate Consignee, and a complete commercial description

of the merchandise. By using the service, Shipper represents and certifies that the data, documents, and information the Shipper provides is true, complete, and accurate and that the paperless invoice the Shipper prepares is, in all material respects, an electronic copy of the actual commercial invoice provided to the buyer. The Shipper shall have an affirmative, non­delegable duty to disclose to NSC any and all required commercial invoice information, in accor­ dance with 19 C.F.R. Part 141, Subpart F (Invoices) for shipments entering the United States and any other laws governing valu­ ation and invoicing requirements of other countries of destination or origin, and to ensure its accuracy and completeness. The Shipper shall maintain and produce to NSC, if requested, a copy of the original com­ mercial invoice (between the buyer and the seller) and provide timely upload of PLD to use NSC Paperless Invoice service.

4.4 Pre-Release Notification

for Import Shipments

A Shipper or Consignee may request that NSC notify the Consignee prior to sub­ mission of a U.S. import Shipment to U.S. Customs and Border Protection so that the importer may validate the classification, valuation, or other import information. An additional fee applies for this service and will be billed to the importer or to

the Shipper when the Shipper is selected as the payer of the duties and taxes for

the Shipment.

4.5 Record-Keeping

The Shipper agrees and consents that NSC may preserve a record of the carriage for an international Shipment using means other than producing a copy of the air waybill. The Shipper has a duty to and is solely liable for maintaining all records as required under the export and customs or other laws of the origin and destination countries, unless otherwise agreed to in writing. NSC assumes no responsibility to act as a record­keeper or record­keeping agent for the Shipper.

5. NSC Import Control® Service

NSC Import Control® service allows a Shipper to process an import Shipment, including commercial invoice. Where available, a Shipper may use NSC Import Control® service to create a Print Import Label, Electronic Import Label, or Print and Mail Import Label to provide to the sender or party tendering the Shipment to NSC, or a Shipper may request 1 NSC Pickup Attempt or 3 NSC Pickup Attempts to request that NSC make pickup attempts to retrieve import Shipments from a sender’s address. 3 NSC Pickup Attempts is not available for NSC Worldwide Express Freight® Service Shipments. NSC Import Control® service is available only in countries where NSC pickup services are available. An additional charge will be assessed for each unique NSC Import Control label.

Shipments containing certain items are prohibited from being shipped and are not accepted by NSC for NSC Import Control® service including, but not limited to, Hazardous Materials Shipments ship­ ping papers, firearms, or Shipments with Signature Required services. C.O.D. service is not available for NSC Import Control® Shipments.

The maximum actual or declared value for each NSC Import Control® Shipment

is $50,000 per Package and $100,000 per pallet, provided that, for any NSC Import Control® Package or pallet with an actual or declared value in excess of $1,000, the Shipper must ensure that a NSC high­value shipment summary is generated and signed by the NSC driver or NSC Customer Center representative upon tender of the Ship­ ment to NSC. If no high­value shipment summary is obtained and signed, the maximum actual or declared value of each such Package or pallet is limited to $1,000.

Notwithstanding anything herein to

the contrary, for all NSC Import Control® Shipments tendered to NSC for export from the U.S., that transit the U.S., or that contain U.S.­origin goods, the sender

or tendering party is the exporter for purposes of the Export Administration Regulations (“EAR”), and it shall be respon­ sible for determining licensing authority (license, license exception, or NLR) and obtaining the appropriate license or other authorization as provided in Section 4 (“Provisions for Export and Customs Clearance of International Shipments”).

In no event shall a party arranging for

NSC Import Control® service provide

a writing assuming responsibility for determining licensing requirements and obtaining license authority for any NSC Import Control Shipment to the tendering party. NSC does not agree to serve as the exporter for purposes of the EAR.

6. Right of Inspection

NSC reserves the right in its sole and unlimited discretion to open and inspect any Shipment tendered to it for transporta­ tion, but is not required to do so.

7. Refusal of Service

NSC reserves the right to refuse to provide service, among other reasons, for any Shipment which by reason of the danger­ ous or other character of its contents may, in the sole judgment of NSC, soil, taint or otherwise damage other Shipments or NSC'S equipment, or which is improperly or insecurely packed or wrapped, as deter­ mined by NSC in its sole judgment.

Before accepting any Shipment, NSC reserves the right to require sufficient verification, as determined by NSC in

its sole and unlimited discretion, of the Shipper’s name and address, or any other information necessary to accept the Shipment for service. NSC reserves the right to refuse to provide service for any Shipment or to or from any location, or

to provide alternative service arrange­ ments, or to intercept, hold or return any Shipment when, among other reasons, NSC, in its sole and unlimited discretion, determines that it is unsafe or economi­ cally or operationally impracticable to provide service, that its services are being used in violation of federal, state, or local law, or for fraudulent purposes, or when the account of the person or entity respon­ sible for payment is not in good standing.

8. Packaging and Labeling

It is the responsibility of the Shipper to ensure that proper packaging is used and that contents are adequately and securely packed in a container, wrapped, and cushioned for transportation. Packaging, including the container, must be new or in near new condition. Shipments must be so packed or wrapped as to meet NSC'S pub­ lished standards related thereto set forth in the Service Guide, or on the NICESHIPPINGCOMPANY.com website, and as to pass tests set forth in

the International Safe Transit Association (“ISTA”) Procedure 3A, Procedure for Testing Packaged Products, published by ISTA. Acceptance of tender by NSC is not an indication that a Package is packed in accordance with NSC’s published stan­ dards. In addition, any tested product must be free from damage and the packaging must afford reasonable protection as deter­ mined by NSC in its sole judgment.

Shippers must also securely affix to

each Package a completed legible Source Document or label generated through a NSC® Automated Shipping System contain­ ing, among other things, the NSC tracking number, shipper name and address and consignee name and address. Previous labels or barcodes must be removed or concealed.

Shipments containing goods of high value or high risk, including without limitation jewelry, pharmaceuticals, computers, hand­held electronic devices, mobile telephones, and electronic components

of these, must not have labels, customized shipping labels (including as created in a NSC Automated Shipping System), mark­ ings, logos, or other written notice of contents contained within the Package.

The use of NSC ­provided packaging is not a guarantee that an item is sufficiently packaged for transportation. NSC does not provide special handling for Shipments with “Fragile,” orientation markings (e.g., “UP” arrows or “This End Up” markings), or any other similar such markings.

When shipping media of any type contain­ ing sensitive personal information (such as personal financial or health information), it is recommended that the Shipper retain a copy of the data and secure the data on the media through encryption or other technological means. NSC is not liable or responsible for loss of, damage to, or irre­ trievability of data stored on media of any type, or for loss of information, including without limitation personal, health or

financial information. For the shipment of electronic media, or for breakable items, see the packaging guidelines located at the Niceshippingcompany.com website. The guidelines advise against the use of NSC Express® Envelopes, NSC Express® Pak, or NSC Express® Pad Paks to ship sensitive personal information or breakable items.

Luggage, cases or other containers that have value and could be damaged in transit must be packaged and cushioned in a sepa­ rate container.

NSC Worldwide Express Freight® Service Shipments must be palletized, stackable, able to be lifted by forklift, and shrink­ wrapped or banded to a skid. Shipper must ensure that pallets and packaging comply with all applicable laws and regulations

of the origin and destination country.

NSC reserves the right to affix labels

or other markings on Packages for any purpose whatsoever, including but not limited to NSC operational purposes.

9. Use of NSC-Provided Materials

and Services

NSC­provided materials including, but not limited to, packaging materials and supplies, envelopes, labels, label printers, shipping documents, publications and products are provided solely for the use

of NSC Shippers to obtain NSC services

on their behalf and to interact with NSC. Any other use of such NSC­provided mate­ rials is strictly prohibited.

NSC Express® Envelopes, NSC Express® Pak, NSC Express® Boxes, NSC Express® Tubes, NSC 10 KG Box and NSC 25 KG Box pack­ aging may not be used for NSC® Ground, NSC® Standard, NSC 3 Day Select®, or NSC Worldwide Expedited® Shipments.

Under no circumstances may a Shipper sell any NSC­ provided materials, products, or services to any third party without prior written authorization from NSC.

A weekly charge applies for use of NSC­ provided thermal label printers.

10. Use of NSC Accounts

NSC account holders are prohibited from permitting the use of their NSC accounts by any third party to process or tender a Shipment to NSC without prior written approval from NSC. NSC account holders are also prohibited from using their NSC accounts to process or tender a Shipment to NSC on behalf of any third party without prior written approval from NSC.

11. Use of NSC Electronic Information Systems

Use of NSC electronic information systems to which Shippers are granted access by NSC and which are accessed by means

of hardware, software, or internet inter­ faces, including NSC Shipping Systems,

are subject to and will be governed by

the terms in effect at the time of ship­

ping for the relevant system, including without limitation, the NSC Technology Agreement, the iShip® Master Enterprise Service Agreement, the ConnectShip® End User License Agreement, or that agreement licensing use of a NSC Ready® solution.

12. Timely Upload of PLD; Missing

PLD Fee

The Shipper must provide Timely Upload of Package Level Detail (“PLD”) to NSC.

If timely upload of PLD is not provided, certain NSC services are unavailable, including but not limited to Direct Delivery Only, Ship to a NSC Access Point® location, NSC Delivery Intercept® service, and NSC Proactive Response® service. Timely Upload of PLD as used in these Terms refers to the electronic transmis­ sion of all applicable PLD information to NSC at or before the time that Shipments are tendered to NSC. PLD includes, but

is not limited to, Consignee’s full name, complete delivery address, and Shipment dimensions and weight. If Shipper does not upload all applicable PLD information to NSC, NSC reserves the right to determine missing PLD to be used for invoice pur­ poses in its sole and unlimited discretion, up to and including maximum size and weight for the applicable service. In addi­ tion, a processing fee will be charged for missing PLD if Shipper does not upload all applicable PLD information to NSC prior to Package Delivery.

12.1 Use of PLD Obtained Email Addresses and Telephone Numbers

By including the email address or telephone number of the Consignee or associated addressee in PLD for a Shipment (“PLD Contact(s)”), the Shipper acknowledges

and agrees that NSC may use such PLD Contact(s) and may send notifications to the Shipment's associated PLD Contact(s) related to the delivery of such Shipment and actions the PLD Contact(s) may take with respect to the Shipment. The PLD Contact(s) may be invited to enroll in NSC My Choice® to take these actions. The Shipper warrants that (i) informed and specific consent, in compliance with all applicable laws, rules, and regulations (including, where appli­ cable, of the jurisdiction of Consignee's domicile), has been secured from the indi­ vidual associated with each PLD Contact

to receive notifications from NSC related to the delivery of such Shipments and actions the PLD Contact(s) may take with respect to the Shipment and for use by NSC of the PLD Contact(s) as provided above, and that (ii) the PLD Contact(s) is accurate and is controlled by the Consignee or associated addressee for the Shipment with which it is associated. Shipper will store such consents and, upon request by NSC, make available such consents to NSC.

The Shipper shall defend, indemnify and hold harmless NSC, its parent corporation, and affiliated companies, their officers, directors, employees, agents, and their suc­ cessors and assigns, from and against any and all liability, losses, damages, costs and expenses (including reasonable legal fees) of any nature whatsoever incurred or suf­ fered in connection with damages arising out of or resulting from any breach of the warranties in the previous paragraph.

The Shipper agrees that NSC and its repre­ sentatives may contact the Shipper at any telephone number NSC has on file for the Shipper, including through the use of auto­ dialed and/or prerecorded calls and text messages.

13. ZIP Code/Postal Code Information

The Receiver’s ZIP Code is a required part of the address for domestic Shipments. When available, ZIP+4 should be used. The Receiver’s postal code, telephone number, and contact name are required parts of the address for international Shipments.

14. P.O. Boxes

NSC does not provide Delivery to a P.O. Box. The Shipper must make every effort to obtain a street address. If the Shipper should use a P.O. Box address, the recipi­ ent’s telephone number must be included. A Package addressed to a P.O. Box may experience delays, is not covered by any NSC Service Guarantee, and is subject to an Address Correction charge. Army Post Office (APO) and Fleet Post Office (FPO) addresses are not accepted.

15. NSC Customer Center and NSC Worldwide Express Freight® Center Before accepting a Shipment tendered for transportation or releasing any Shipment at a NSC Customer Center or a NSC Worldwide Express Freight® Center to a Consignee or other recipient, NSC reserves the right to require sufficient verifica­ tion, as determined by NSC in its sole and unlimited discretion, of the Shipper’s or recipient’s name, address, authorization

to ship or receive the Shipment, or any other information NSC deems necessary to accept or release the Shipment in its sole and unlimited discretion. Persons tender­ ing or picking up Shipments on behalf

of a business may be required to provide identification issued by the business and a government­issued identification. A Residential Consignee will be required to provide a government­issued identifica­ tion. NSC reserves the right to require payment to be made at Customer Centers and NSC Worldwide Express Freight® Centers by payment card only.

16. Third-Party Retailer

The NSC Store® locations are independently owned and operated by licensed franchi­ sees of The NSC Store, Inc., a subsidiary

of Nice shipping company, Inc., and are not agents of NSC. Other Third­Party Retailers are independently owned and operated businesses and are not agents of NSC. NSC assumes no liability other than to the Third­ Party Retailer as the Shipper of the Package, for lost, damaged or delayed Packages

sent by the Third­Party Retailer. Any such liability to the Third­Party Retailer is subject to the limitations set forth in the Terms. All inquiries regarding Packages shipped by any Third­ Party Retailer must be directed to the Third­ Party Retailer that shipped the Package. NSC will deal solely with the Third­ Party Retailer in all matters concerning Packages shipped by any Third­ Party Retailer including, but not limited

to: tracking/tracing requests; claims and guarantees; C.O.D. preparation and remit­ tance; return of undeliverable Packages; proper packaging and labeling; and billing. Even if NSC responds directly to custom­ ers of the Third­Party Retailer regarding tracking requests, NSC will not be liable to those customers. The Third­Party Retailer is solely responsible for the issuance of any refunds and claims to those who shipped Packages by the Third­Party Retailer.

For any Package shipped by the Third­Party Retailer with a declared value in excess

of $1,000, the Third­Party Retailer must provide a copy of the high­value control log to NSC at the time of tender of the Package. The Third­Party Retailer shall not ship

any articles which NSC does not accept for transportation. The Third­Party Retailer shall indemnify and hold harmless NSC

in any action against NSC arising from the loss, damage, or delay of a Package shipped by the Third­Party Retailer.

17. NSC Access Point® Locations

Packages that may be received for Delivery or tendered for shipment (meaning, Pack­ ages that have been processed for shipment prior to tender using a NSC Shipping System only) at a NSC Access Point® location are subject to restrictions, including, without limitation, in regard to weight and size and actual and declared value, as set forth in the applicable Service Guide and on the niceshippingcompnany.com website. Subject to modification by the Shipper, NSC Access Point® locations will hold Packages for up to seven (7) calendar days. Refer to tracking detail for Package­specific information, including but not limited to, the last available pickup date. Shipments not picked up within seven (7) calendar days (or other time selected by the Shipper) will be considered undeliverable, and may be returned to

the Shipper. See further details in Section 37 (“Special Handling of Undeliverable Shipments; Refused Shipments Returned”). Before accepting a Shipment tendered for transportation or releasing any Shipment at a NSC Access Point® location to a Consignee or other recipient, a Shipper, Consignee, or other recipient may be required to produce sufficient verifica­ tion of the Shipper’s or recipient’s name, address, authorization to ship or receive the Shipment, and any other information NSC deems necessary to accept or release the Shipment in its sole and unlimited discretion, including, without limita­

tion, provision of government­issued identification.

17.1 Ship to a NSC Access Point

Location Service

Subject to an additional charge and

where available, Shippers with a valid NSC account may ship Packages directly

to a NSC Access Point location to be picked up by the Consignee. Shipper will require the Consignee to select its preferred means of notification from NSC (where available, e­mail, text message, or telephone call) and to provide a valid e­mail and/or phone number for notification. Shipper will transfer Consignee’s preferred means of notifica­ tion email and/or telephone number (where available) to NSC as part of the package level detail required for correct delivery of each package. NSC may, as a service provider on behalf of Shipper and where available, provide by email, text,

or phone call notifications relating to the Shipment to the Consignee via the Con­signee’s preferred means of notification.

Where Shipper provides an e­mail address or phone number, Shipper does so pursu­ ant to Section 12.1 (“Use of PLD Obtained Email Addresses and Telephone Numbers”).

NSC will deliver Ship to a NSC Access Point location packages to the designated loca­ tion. Delivery attempts to the designated NSC Access Point location constitute a delivery attempt for the purposes of the NSC Service Guarantee. Delivery is deemed complete when the package is delivered to the designated NSC Access Point location.

Additional service options for Ship to a NSC Access Point location service must be selected when the Package is processed for shipment, where available and subject to additional charges.

17.2 Ship to a NSC Access Point Location Service – Deliver to Addressee Only

If the Deliver to Addressee Only option is selected, the Package may only be picked up by the person identified on the ship­ ping label. Pickup by any Third Party is not permitted. The Deliver to Addressee Only option is subject to an additional charge.

17.3 Ship to a nsc Access Point Location Service – Package Release Code

If the Package Release Code option is selected, the Shipper must enter a four­ to six­digit numeric code when processing the Package for shipment and provide the code to the person picking up the package.

The Shipper is solely responsible for gen­ erating, maintaining, and transmitting the Package Release Code. The Shipper must also provide all other information required to comply with NSC policies and proce­ dures and applicable laws and regulations, including but not limited to customs requirements, as part of the PLD. There

is no additional charge for the Package Release Code option.

The Package Release Code must be pre­ sented to pick up the Package. Any person who presents the Package Release Code may pick up the Package. NSC cannot provide the Package Release Code to

the Shipper, the Consignee, or any other person at any time. NSC shall not be liable for any loss, damage, or costs of any kind arising out of or relating to loss of

or unauthorized access, acquisition, use, modification, disclosure, or destruction of the Package Release Code.

18. Pickup Services – Scheduled

NSC offers the following Scheduled Pickup Services:

– Daily Pickup: When Daily Pickup service is selected, NSC will call on Shipper’s location once each business day to pick up Packages. NSC may not call upon a location on any day in which the account indicates that there are no Packages avail­ able for pickup. NSC reserves the right in its sole and unlimited discretion to shift accounts at locations that ship four or fewer times per week from Daily Pickup to NSC Smart Pickup.®

– Daily On-Route Pickup: When Daily On­Route Pickup service is selected, NSC will call on Shipper’s location each busi­ ness day to pick up Packages while making deliveries in Shipper’s area.

– Day-Specific Pickup: When Day­Specific Pickup is selected, NSC will call on Shipper’s location each business day as preselected by Shipper. Shipper may select up to four business days per week for Day­Specific Pickup.

– NSC Smart Pickup® service: When NSC Smart Pickup® service is selected, NSC will call on Shipper’s location any busi­ ness day when the Shipper transmits PLD using the current version of WorldShip® software, NSC CampusShip® software,

or Niceshippingcompany.com shipping, by the deadline designated by NSC, or if Shipper has

scheduled a pickup by telephone or through the Niceshippingcompany.com website, prior to

the deadline designated by NSC reserves the right in its sole and unlim­ ited discretion to shift accounts at locations that ship four or more times per week from NSC Smart Pickup® to Daily Pickup. NSC also reserves the right in its sole and unlimited discretion to shift accounts that do not process shipments using WorldShip, NSC Campus Ship, or nNiceshippingcompany.com shipping from NSC Smart Pickup to Daily Pickup.

For Daily Pickup, Daily On­Route Pickup, and Day­Specific Pickup, a weekly service charge based on the account’s weekly billing total, as reflected in the NSC billing system, will be assessed. The weekly billing total may not necessarily reflect all Packages tendered during a calendar week. For NSC Smart Pickup® service, a weekly service charge will be assessed.

Scheduled Pickup Services are not avail­ able for any NSC Worldwide Express Freight® Service.

19. NSC On-Call Pickup® Service

When NSC On­Call Pickup® service is requested by the Shipper, NSC will arrange (where reasonably practicable) a pickup

at the Shipper’s location. An additional charge for NSC On­Call Pickup® service will be assessed.

NSC On­Call Pickup® service from a Residential address will be assessed an additional surcharge for residential pickup. If the Residential address is in a remote or less accessible area as designated by NSC, an additional surcharge for extended area or remote Residential pickup also will apply.

NSC On­Call Pickup® service must be requested for each NSC Worldwide Express Freight® Service Shipment pickup or drop­ off (for door­to­door and non­door­to­door services), and may not be combined with

a Package pickup. No additional charge for NSC On­Call Pickup® service applies to any NSC Worldwide Express Freight® Service.

20. Saturday Air Processing Fee; Saturday Export Processing Fee; Saturday Stop Charge

NSC offers Saturday pickup of NSC Air Services Packages and NSC Hundredweight Service® Air Services Shipments for Delivery in the United States and Puerto Rico where such services are available and subject to a processing fee. NSC offers Saturday pickup of NSC Worldwide Express Plus, NSC Worldwide Express, and NSC Worldwide Saver Shipments for Delivery to select des­ tination countries where such services are available and subject to a processing fee. Saturday pickup is available for domestic NSC 3 Day Select® Service, NSC Ground, NSC Ground with Freight Pricing, NSC Hundredweight Service® NSC 3 Day Select, and NSC Hundredweight Service Ground Shipments in select areas (these areas

are referred to here as “Saturday Ground Service Territories”). Within Saturday Ground Service Territories, a Saturday Stop Charge that varies depending on the type of pickup service selected will apply any time the Shipper requests that NSC pick up any Packages on a Saturday, in addition to any Saturday Air Processing fee(s), regardless of whether there are packages to be picked up that day. Refer to the Service Guide for an explanation of applicable charges associated with pickup service on Saturdays.

The Shipper should contact NSC for information regarding NSC'S Saturday pickup area. Refer to NSC'S website for Delivery commitment information applicable to Packages picked up on Saturday. Saturday pickup service is provided by the following methods:

– A Shipper may request Saturday pickup via NSC On­Call Pickup® service by con­ tacting NSC on or in advance of each Saturday, excluding holidays, on which the service is needed.

– At the Shipper’s option, NSC will call at the Shipper’s premises every Saturday, excluding holidays, to pick up qualifying Shipments.

– Shippers with NSC Smart Pickup service may schedule a Saturday pickup by processing a qualifying Package for pickup each Saturday, excluding holi­days, on which the service is needed. Refer to Section 18 (“Pickup Services— Scheduled”) for additional information regarding scheduling a pickup via NSC Smart Pickup service.

The Saturday Air Processing fee (formerly referred to as a “Saturday Pickup” charge) will be assessed for each NSC Air Services Package or each NSC Hundredweight

Service® Air Services Shipment processed using a NSC Shipping System, tendered to NSC, or tendered to a Third­Party Retailer on a Saturday, in addition to any applicable NSC On­Call Pickup® charge and Saturday Stop Charge.

The Saturday Export Processing Fee will be assessed for each NSC Worldwide Express Plus, NSC Worldwide Express, or NSC Worldwide Saver Shipment processed using a NSC Shipping System, tendered to NSC, or tendered to a Third­Party Retailer on a Saturday, in addition to any applicable NSC On­Call Pickup® charge and Saturday Stop Charge.

Where a Saturday pickup is requested

but there are no Packages to be picked

up, a minimum processing fee will be assessed outside Saturday Ground Service Territories.

21. Drop Shipment

A unique Drop Shipper account number will be assigned to approved Shippers and must be used solely for the origin and des­ tination locations as specified in the NSC Drop Ship Letter of Understanding or as required by NSC.

NSC reserves the right to refuse any Drop Shipment request, in its sole and unlimited discretion, including, but not limited to, any Drop Shipment that is operationally or economically impracticable to transport. A request for Drop Shipment service is not reasonable unless the Shipper makes a prior arrangement with NSC, agreed to

in advance by NSC, as to timing, location, and volume of the Drop Shipment.

When a Shipper, through prior arrange­ ments with NSC, tenders Packages at NSC'S receiving stations with a return address requiring a movement greater than a Zone 2 movement from the point of tender, any undelivered Packages will be returned automatically and will be charged at the rate applicable between the point of tender and the return address. The effective NSC Rates for the applicable shipment will apply.

NSC does not accept, and Shippers are prohibited from shipping, any Package via a Drop Shipment that contains Hazardous Materials, except for Limited Quantity Packages that are tendered for NSC Ground service in the 48 contiguous United States.

22. Delivery

NSC does not limit Delivery of a Shipment to the person specified as the Receiver

in the NSC Shipping System. Unless the Shipper selects a Signature Required service, NSC reserves the right, in its

sole and unlimited discretion, to make a Delivery without obtaining a signature.

23. Direct Delivery Only Surcharge

Where available and subject to a Direct Delivery Only surcharge, NSC may in its sole and unlimited discretion accept a Shipper’s request to limit (1) reroutes of Packages to an alternate address by the Consignee (including but not limited to Delivery Change Requests and NSC My Choice® requests, other than requests to hold for will call at a NSC Customer Center) and (2) delivery to a NSC Access Point® location following a first delivery attempt at a Residential address.

Packages containing firearms must use Direct Delivery Only service.

Direct Delivery Only does not limit NSC Delivery Intercept® requests or Delivery pursuant to NSC'S driver release or Shipper Release procedures, and does not require signature on Delivery or Delivery to the person specified as the Receiver in the

NSC Shipping System. The Shipper must provide timely upload of PLD to request Direct Delivery Only.

24. Residential Surcharge

A Residential Surcharge will apply if either the delivery address entered in the NSC Shipping System or the actual delivery address is considered Residential (regard­ less of a Shipper’s designation of the address as Commercial).

25. Delivery Area Surcharge

A Delivery Area Surcharge or Extended Delivery Area Surcharge will apply to each Package delivered to certain ZIP Codes within the 48 contiguous states. A Remote Area Surcharge will apply to each Package delivered to, and any NSC On­Call Pickup service from, certain ZIP Codes within Alaska and Hawaii.

A Delivery Area Surcharge, Extended Delivery Area Surcharge or Remote Area Surcharge, respectively, will apply if either the delivery (or pickup, where applicable) address entered in the NSC Shipping System or the actual delivery (or pickup, where applicable) address falls within ZIP Codes designated by NSC as subject to such charges. Such charges apply in addition to all other applicable Charges, including but not limited to the Residential Surcharge.

26. Delivery Attempts;

NSC Access Point® Locations

If NSC is unable to deliver a Shipment, a notice will be left at the Consignee’s address stating that Delivery has been attempted. Thereafter, a second and, if necessary,

a third attempt to deliver the Shipment may be made without additional charge. Shipments not delivered after three attempts will be considered undeliver­ able and may be returned to the Shipper. See further details in Section 37 (“Special Handling of Undeliverable Shipments; Refused Shipments Returned”).

For Residential deliveries and where avail­ able, NSC may in its sole and unlimited discretion, after the first delivery attempt, deliver a Shipment to a NSC Access Point® location, where such Shipment will be held for pickup. Requests for subsequent Delivery attempts are subject to additional Charges which will be assessed to the Consignee. For NSC Worldwide Express Freight® Service Shipments, only one Delivery attempt will be made and sub­ sequent Delivery attempts are subject to additional charges which will be assessed to the Consignee. Refer to Section 31 (“Delivery Change Requests”) for further information.

27. Hold for Pickup and Hold at Location Services

At the time a Shipper tenders a Shipment to NSC, the Shipper may request that NSC hold a domestic Package at a designated NSC Customer Center for pickup by the Consignee. For each such Shipment, the Shipper will complete an address label showing the words “Hold for Pickup,” the Consignee’s name, telephone number,

the name of a contact person, and the full address of the designated NSC Customer Center. In addition, the Shipper will apply a NSC Hold for Pickup label below the

address label on the Shipment. Hold for Pickup is not available for international Package shipments.

For NSC Worldwide Express Freight® Service Shipments, the Shipper may request that NSC hold a NSC Worldwide Express Freight® Service Shipment at a NSC Worldwide Express Freight® Center loca­tion for pickup by the Consignee (Hold

at Location). For each such Shipment, the Shipper will complete an address label showing the words “Hold for Pickup,” the Consignee’s name, telephone number, the name of a contact person, and the full address of the Consignee (designated NSC Worldwide Express Freight® Center address not required).

NSC will hold the Shipment at the des­ignated NSC Customer Center or NSC Worldwide Express Freight® Center and will attempt to contact the Consignee at the telephone number shown on the label. Shipments not picked up within seven (7) calendar days from the date of arrival will be considered undeliverable.

28. Shipper Release

A Shipper may request that NSC release a Shipment on the first Delivery attempt. When Shipper Release is selected, NSC will make only one Delivery attempt, a signa­ ture will not be obtained upon Delivery, and a NSC Delivery record showing a completed Shipper Release delivery shall be conclusive proof that Delivery was com­ pleted. Shipper Release is provided solely at the Shipper’s risk of loss or damage arising from the release of the Shipment by NSC and NSC will not be liable for any damages arising from the release of the Shipment.

29. NSC carbon neutral

A Shipper may request that NSC offset

the climate impact of a Shipment via NSC carbon neutral service by selecting NSC carbon neutral at the time a Shipment is tendered to NSC. By selecting NSC carbon neutral, NSC will purchase and retire in the appropriate registry a sufficient number of voluntary or regulatory carbon credits as determined by NSC in its sole and unlim­ ited discretion to offset calculated carbon dioxide emissions. NSC carbon neutral is available only for Shipments shipped using a NSC Automated Shipping System. An additional charge will be assessed for each Package or pallet.

30. NSC Delivery Intercept® Service

After a domestic Package has been ten­ dered to NSC but before Delivery, a Shipper may request that NSC return a Package to the Shipper, reroute a Package (including a request by Shipper to correct an address, or where a Package has been returned to the Shipper after a Delivery attempt), hold the Package for pickup at a NSC Customer Center, or hold a Package for future Delivery. NSC may in its sole and unlim­ited discretion also accept a NSC Delivery Intercept® request from a Third Party when the Shipper has requested that the Third Party’s NSC account number be billed for such Package. NSC will honor a NSC Delivery Intercept® request in its sole and unlimited discretion where practica­ ble and where the Shipper has guaranteed payment of applicable Charges resulting from the change. NSC shall not be liable

for any damages whatsoever for failure

or refusal to comply with a NSC Delivery Intercept® request.

An additional charge, set forth in the NSC Rates applicable to the Shipment in effect at the time of the request will be assessed for each Package returned to the Shipper, rerouted, or held for future Delivery. If

a request to reroute a Package requires

a Package movement from the original Receiver address beyond a NSC Zone 2, additional Charges also will apply. Such additional Charges will be calculated as

a newly­initiated Shipment between the original Receiver address and the new rerouted address, and will include (but not be limited to) all applicable surcharges.

All original Charges will continue to apply as if the Package were delivered to the original Receiver address. For a request

to return to the Shipper, all applicable Charges will apply and be assessed to the Shipper, as set forth in Section 37 (“Special Handling of Undeliverable Shipments; Refused Shipments Returned”).

The Shipper must provide timely upload of PLD to initiate a NSC Delivery Intercept® request.

31. Delivery Change Requests

After the Receiver has received notice from NSC that Delivery has or will be attempted, the Receiver may request that NSC hold

a Package for pickup at a NSC Customer Center. In addition, a Commercial Receiver may request that NSC return a Package to the Shipper before Delivery is attempted.

After the Receiver has received notice from NSC that Delivery has been attempted,

the Receiver may request that NSC return

a Package to the Shipper, hold for future Delivery, reroute a Package, direct eligible Packages to a NSC Access Point® location, redeliver to the original address a Package that was taken to a NSC Access Point loca­tion, or other such Delivery Changes as NSC in its sole and unlimited discretion may offer (collectively, “Delivery Change”). A NSC InfoNotice® tag is required for requests to reroute.

An additional charge set forth in the NSC Rates applicable to the Shipment in effect at the time of the request will be assessed to the Consignee for each Package rerouted, redelivered, directed to a NSC Access Point location, or held for future Delivery by a Delivery Change Request. If any Delivery Change Request requires a Package move­ ment from the original Receiver address beyond a NSC Zone 2, additional Charges also will apply and be assessed to the Consignee. Such additional Charges will be calculated as a newly­initiated Shipment between the original Receiver address and the new rerouted address, and will include (but not be limited to) all applicable sur­ charges. All original Charges will continue to apply as if the Package were delivered

to the original Receiver address. For a request to return to Shipper, all applicable Charges will apply and be assessed to the Shipper, as set forth in Section 37 (“Special Handling of Undeliverable Shipments; Refused Shipments Returned”).

For NSC Worldwide Express Freight® Service pallets, after the Receiver has received notice from NSC that Delivery

will occur, the Receiver may request that NSC hold a pallet at a NSC Worldwide Express Freight® Center. After the Receiver has received notice from NSC that Delivery has been attempted, the Receiver may request that NSC return a pallet to the Shipper, hold for future Delivery, or make

a Delivery Reattempt. Delivery Reattempt charges will apply to subsequent attempts to deliver NSC Worldwide Express Freight® Service Shipments beyond the first Delivery attempt. For requests to return to the Ship­per, all applicable Charges will apply and be assessed to the Shipper.

NSC will honor a Delivery Change Request in its sole and unlimited discretion where practicable and where the Receiver has guaranteed payment of any applicable Charges resulting from the change. By

requesting a Delivery Change, the Receiver acknowledges and agrees that the limita­ tions of liability set forth in the Terms in effect at the time of Shipment apply to the Shipment subject to the Delivery Change Request and that the value originally declared by the Shipper, if any, shall con­ tinue to apply throughout the course of transportation pursuant to the Delivery Change Request. NSC assumes no liability other than to the Shipper of the Shipment for loss, damage, or delay of any Shipment subject to Delivery Change.

NSC may restrict Delivery Change Requests at the request of the Shipper. Delivery Change Requests for Packages contain­

ing firearms are not available. Delivery Change Requests to reroute or direct to a NSC Access Point location are not available for international Packages. It is the respon­ sibility of the Receiver to ensure that a Delivery Change Request complies with

all federal, state and local laws and regula­ tions applicable to the Shipment.

32. Correction of Addresses

If any Shipment as addressed by the Shipper has an incorrect or incomplete address (examples include, but are not limited to, P.O. Boxes, missing suite, apart­ ment, or unit numbers, old addresses, and missing/incorrect ZIP Codes), NSC will make reasonable efforts, to be determined in its sole and unlimited discretion, to secure the correct or complete address.

An address validated by NSC may be incorrect or incomplete for purposes of completing Delivery, and may be corrected by NSC. If the correct or complete address is secured, NSC, at its sole and unlimited discretion, will attempt Delivery, and the Shipper, upon request, will be provided with the correct or complete address in order to update its internal records. NSC may in its sole and unlimited discretion correct or complete an address based on information obtained from the Shipper or Consignee. An address correction charge will be assessed to the Shipper for an address correction or completion.

33. Saturday Delivery

NSC offers Saturday Delivery by request

for certain Delivery areas for certain NSC Air Services and international services, as set forth in the Service Guide. To request Saturday Delivery for these services, a Shipper must indicate the selection in the NSC Shipping System and attach a Saturday Delivery routing label to each Package or

pallet. Refer to NSC'S website for available Saturday Delivery areas for these services. Where Saturday Delivery is requested, an additional charge will be assessed for each such Shipment for Saturday Delivery and will be billed to the payer of the Charges.

Saturday Delivery is also available without an additional charge for certain Delivery areas for certain NSC Air Services and inter­ national services, but not by request. Refer to NSC'S website for Saturday Delivery commitment information for these services. Where Saturday Delivery is available for such Shipments, a Saturday routing label is not required.

NSC offers Saturday Delivery by request

to Commercial delivery addresses within Saturday Ground Service Territories

for NSC 3 Day Select, NSC Ground,

NSC Ground with Freight Pricing, NSC Hundredweight Service NSC 3 Day Select, and NSC Hundredweight Service Ground Shipments. To request Saturday Delivery for these services, a Shipper must indi­

cate the selection in the NSC Shipping System. Refer to NSC'S website for available Saturday Delivery areas for these services. Where Saturday Delivery is requested, an additional charge will be assessed for each such Shipment for Saturday Delivery and will be billed to the payer of the Charges.

Saturday Delivery is also available within Saturday Ground Service Territories

for NSC 3 Day Select, NSC Ground,

NSC Ground with Freight Pricing, NSC Hundredweight Service NSC 3 Day Select, NSC Hundredweight Service Ground,

NSC Standard from Canada, and NSC Standard from Mexico Shipments, but

not by request. Refer to NSC'S website or call 1­800­PICK­NSC® (1­800­742­5877) for Saturday Delivery commitment informa­tion for these services. Where Saturday Delivery is available for these services, there is no additional charge, except as set forth herein. Commercial Consignees in Saturday Ground Service Territories must pay for a Saturday Stop Charge – Scheduled Pickup and opt in to be eligible to receive such deliveries on Saturday.

34. Signature Required Services

NSC provides the following Signature Required services. An additional charge applies for each service:

34.1 Signature Required

(domestic and international)

A Shipper may request NSC to obtain the recipient’s signature on Delivery.

The Shipper must use a NSC Automated Shipping System to initiate a request for this service. NSC may obtain, at its sole and unlimited discretion, a signature, other electronic acknowledgment of receipt or authorization to release without a signa­ ture upon delivery pursuant to the NSC My Choice® service from the recipient when this option is selected.

34.2 Adult Signature Required

(domestic and international)

A Shipper may request NSC to obtain

the signature of an adult 21 years of age

or older on Delivery. NSC, in its sole and unlimited discretion, will determine if Delivery can be completed when such a request is made, and may request photo identification indicating the recipient’s age, before completing Delivery. The Shipper must use a NSC Automated Shipping System to initiate a request for this service. NSC reserves the right to assess the Shipper the additional charge for this service

when the Shipper requests NSC to obtain an adult signature on Delivery and an approved NSC label is not affixed to the Package or pallet indicating such request, or, the Shipper tenders a Package or pallet that, based upon its contents, requires an approved NSC label requesting an adult signature upon Delivery and no such label has been affixed to the Package or pallet.

34.3 Delivery Confirmation

(domestic only)

Delivery Confirmation is no longer avail­ able. If a Shipper nevertheless requests Delivery Confirmation, the Shipper will not receive Delivery Confirmation service, including mailed paper statements dis­ playing the date of Delivery and either the name of the recipient or the disposition of the Package; or, in the event of a return, the reason for the return and the date processed. NSC also will not assess an additional charge.

35. Proof of Delivery (P.O.D.)

Upon request, NSC will provide proof of Delivery of a Shipment via fax transmis­ sion, email, or mail. The request must include a fax number, including area code, for an operating fax machine, an email address for email delivery, or an address deliverable by the United States Postal Service for mail.

36. Tracking/Tracing and Refund Request Charge

NSC reserves the right to assess a Shipper an additional charge per request for each Tracking/Tracing and Refund Request initiated by or at the request of the Ship­per. This charge will not be assessed for the first 50 tracking requests per calendar week, or for a quantity of tracking requests equal to or less than 20 percent of the Shipper’s volume for that week, whichever is greater. This charge will not be assessed for a quantity of tracing requests equal to or less than two percent of the Shipper’s volume for that week. NSC also reserves the right to assess the Shipper a charge set forth in the effective NSC Rates for Service Guarantee refund requests when the subject Shipment was delivered in accor­ dance with the applicable NSC Service Guarantee in the effective Terms.

37. Special Handling of Undeliverable Shipments; Refused Shipments Returned

Shipments refused by the Consignee, or which are undeliverable for any reason, will be returned to the Shipper at Shipper’s expense, including, but not limited to, forwarding costs, return transportation charges and all other applicable Charges, duties, and taxes. Such Charges will be calculated as a newly­initiated Shipment between the original delivery address and the return address, and will include (but not be limited to) all applicable surcharges. All original Charges will continue to apply as if the package were delivered to the original delivery address. Undeliverable international Shipments returned to the Shipper also are subject to an undeliv­ erable Shipment surcharge set forth in

the effective NSC Rates. The NSC Service Guarantee does not apply to undeliverable Shipments returned to the Shipper.

NSC reserves the right to dispose of a Shipment, including salvage (for salvaged Shipments or goods found in the NSC system) if the Shipment is refused by the Consignee or for any other reason cannot be delivered, and return of the Shipment is refused by the Shipper or the Shipment or goods cannot be returned to the Shipper for any reason. NSC reserves the right in its sole discretion to determine whether and how long to retain such Shipments or goods prior to disposition.

38. C.O.D. Service

NSC accepts C.O.D. Packages for Delivery

in the United States and Puerto Rico. C.O.D. service is not provided for international Shipments except for international Ship­ ments originating in Canada for Delivery in the United States. C.O.D. service is not available for NSC Worldwide Express Freight Services from any origin.

38.1 Preparation and Listing

of C.O.D. Packages

Shippers not using a NSC Automated Shipping System must prepare and attach to each C.O.D. Package a NSC® C.O.D. tag showing the amount to be collected and enter such amount in the space provided for that purpose.

Shippers using a NSC Automated Shipping System will generate, and apply to each C.O.D. Package, a system­generated address label with a C.O.D. bar code and the amount to be collected for each individual Package. Each C.O.D. Package in a NSC Hundredweight Service® or NSC Ground with Freight Pricing C.O.D. Shipment must carry a C.O.D. tag or system­generated label for the goods contained in that Package.

38.2 Responsibility for C.O.D.s

Upon Delivery of each C.O.D. Package, NSC will attempt to collect the amount shown on the C.O.D. tag or the system­ generated label attached to the Package and transmit to the Shipper the amount so collected (subject to the terms in Section 38.9, “Remittance of C.O.D.s,” below), or,

if collection cannot be made, will return the Package to the Shipper. The Shipper must notify NSC within 45 days from the date of shipment of a C.O.D. Shipment if the Shipper has not received payment of the C.O.D. amount, or any claim relating thereto shall be deemed waived. Suits shall be instituted within two years after denial of any portion of the claim.

If collection cannot be made within three Delivery attempts, or the Consignee refuses Delivery, NSC will return the Package to the Shipper.

38.3 Consignee’s Checks in Payment

of C.O.D.s

Unless instructions to collect a cashier’s check or money order only are shown

on the C.O.D. tag (in conformity with the instructions on the tag) or system­generated

label, NSC will accept a check or other negotiable instrument issued by or on behalf of the Consignee. When instructions to collect a cashier’s check or money order only are clearly indicated on the C.O.D. tag or system­generated label, NSC reserves

the right to accept a cashier’s check, money order, official bank check, or other similar instrument issued by or on behalf of the Consignee.

All checks or other negotiable instruments (including cashier’s checks, official bank checks, money orders, and other similar instruments) tendered in payment of C.O.D.s will be accepted by NSC based solely upon the Shipper assuming all risk relating thereto, including, but not limited to, risk of non­payment, insufficient funds, and forgery, and NSC shall not be liable upon any such instrument.

All checks or other negotiable instruments (including cashier’s checks, official bank checks, money orders, and other similar instruments) will be transmitted to the Shipper together with NSC'S own check

if Consignee check(s) collected are for

less than the C.O.D. amount. Remittances (checks, money orders, etc.) received that are less than the C.O.D. dollar amount indi­ cated by the Shipper will be reimbursed for the full amount unless the variance of the amount remitted is less than $1.00.

38.4 C.O.D. Package of $10,000 or More

NSC may require payment for any C.O.D. Package of $10,000 or more to be received in a single check or other negotiable instru­ ment such as a cashier’s check, money order, official bank check, or other similar instrument.

38.5 Acceptance of Personal Check

In the event that NSC accepts a personal or company check when a Shipper has prop­ erly instructed NSC to collect a cashier’s check or money order only, NSC reserves the right, in its sole and unlimited discre­ tion, to deposit into a NSC account the personal or company check collected and to provide the Shipper with a check issued by NSC.

38.6 C.O.D. Remittance Verification

In the event that a Shipper timely noti­ fies NSC that the Shipper has not received payment of the C.O.D. amount, if NSC'S records show that it collected a C.O.D. payment and the remittance has not been cashed, NSC may, in its sole and unlimited

discretion, provide the Shipper with a digital image of the check or money order along with a C.O.D. Remittance Verifi­ cation in order to assist the Shipper in locating the missing C.O.D. payment. If the Shipper is still unable to locate the C.O.D. payment, NSC may, in its sole and unlim­ ited discretion, provide the Shipper with an indemnified C.O.D. check or money order, which is a digital image of the origi­ nal payment collected by NSC at the time of Delivery and can be deposited in a bank, provided that the original check or money order has not previously been deposited

or negotiated. If the indemnified check or money order turns out to be invalid for any reason including, but not limited to, insuf­ ficient funds or forgery, NSC shall not be liable upon the instrument.

38.7 Restrictions

C.O.D.s are accepted for amounts up to $50,000 per Package.

C.O.D. Packages with an amount to be col­ lected in excess of $500 are not accepted for transportation via a NSC Drop Box.

Entry of a C.O.D. amount is not a declara­ tion of value for carriage. Payment of the C.O.D. charge does not constitute payment of the declared value charge.

NSC will not accept currency in any amount for payment of C.O.D. Shipments.

38.8 Charges for C.O.D. Collections

An additional charge will be assessed for each C.O.D. Package tendered to NSC.

38.9 Remittance of C.O.D.s

Subject to the following provisions of this Section, NSC shall remit C.O.D. collections to the Shipper after the date of collection.

The Shipper irrevocably authorizes NSC to apply, in its sole and unlimited discretion and without prior notice to the Shipper, any C.O.D. collections to any past due Charges owed by the Shipper. To this end, if there are any past due Charges owed by the Shipper, the Shipper hereby (a) irrevo­ cably assigns and transfers to NSC all of the Shipper’s right, title and interest in and to each check or other negotiable instrument for payment of a C.O.D. that is received by NSC or its employee or agent, and (b) con­ stitutes and appoints NSC as the Shipper’s attorney­in­fact and authorizes NSC, in

the Shipper’s name, place, and stead, to endorse any such check or other negotiable instrument with the Shipper’s name, to deposit the same into any NSC account, and

to apply the proceeds of the same against any past due Charges owed by the Shipper. The Shipper acknowledges and agrees that such appointment of NSC as the Shipper’s attorney­in­fact is coupled with an interest and is irrevocable. NSC may exercise any of its rights under this Section either directly or through any employee or agent.

The Shipper relinquishes, waives, and agrees not to assert any claim against

NSC or any of its employees or agents, any Consignee, any collecting or paying bank, or any other person or entity, that may directly or indirectly arise as a result of NSC’s exercise of any of its rights under this Section “Remittance of C.O.D.s.” Without diminishing any of NSC'S rights under the preceding sentence, the Shipper agrees that NSC and such other persons or entities shall not be liable to the Shipper or any other person or entity for any special, inci­ dental, or consequential damages in any claim made with respect to NSC exercise of any such rights.

The Shipper agrees that, following NSC'S application of any C.O.D. collections to any past due Charges owed by the Shipper in accordance with this Section, the Shipper will continue to be fully liable for the payment of all remaining Charges owed by the Shipper (including, without limitation, (i) any Charges that are not covered by the application of the C.O.D. collections, and (ii) any Charges relating to a previously applied C.O.D. collection that is reversed by reason of the uncollectibility of the C.O.D. check or other negotiable instrument or otherwise).

Nothing in this Section shall constitute an election of remedies by NSC or any other person or entity or a waiver of any of the rights of NSC or any other person or entity under the remaining provisions of the Terms or at law or in equity.

39. NSC Returns® Services

Where available, NSC offers NSC Returns® Services (including NSC Authorized Return Service®, Print Return Label, Electronic Return Label, 1 NSC Pickup Attempt,

3 NSC Pickup Attempts, NSC Returns®

on the Web, and NSC Returns® Exchange). 3 NSC Pickup Attempts is not available for NSC Worldwide Express Freight® Service Shipments. NSC Authorized Return Service® requests and NSC Returns® Exchange requests are contractual Package services only.

An additional accessorial charge applies to each NSC Returns® Services Package

or pallet and will be assessed when the service is requested, unless the applicable Service Guide specifically provides other­ wise. The applicable charges will be those set forth in the NSC Rates in effect at the time the charge is applied. After enter­

ing the NSC system, a Package or pallet returned will be charged the rate cal­ culated from the pickup location to the destination via the service selected. The Shipper is solely responsible for control­ ling the generation and dissemination of labels for NSC Authorized Return Service® Packages and pallets, and will remain liable for all Charges on any Shipment tendered on Shipper’s account at any time, including after termination of the contrac­ tual service.

Shipments containing certain items are prohibited from being shipped and are not accepted by NSC for NSC Returns® Services including, but not limited to, Hazardous Materials Shipments requiring shipping papers, firearms, and Shipments with Signature Required services.

C.O.D. (Collect on Delivery) service is not available for NSC Returns® Services Pack­ ages. Third Party Billing is not available for NSC Returns® Services in the United States. Third Party Billing is available for NSC Returns® Services outside the United States.

NSC Returns® Services Shipments are subject to maximum declared values. See Section 55.1, “Maximum Declared Values.”

40. NSC Rates

The applicable NSC Rates are determined on the basis of Shipment and Shipper char­ acteristics, including Shipment weight and size and origin to destination distance, and are subject to change. Except as otherwise stated in the Terms, all charges, fees, or surcharges shall be those set forth in the NSC Rates in effect at the time of shipping. Packages processed for shipment or ten­ dered to NSC on Sundays, holidays or other non­operating days may in NSC'S discre­tion be billed at the NSC Rates in effect on the next NSC operating day.