Table of Contents

Introduction

Scope of Tariff Definitions Non-Waiver Account Numbers Alcoholic Beverages Billing Claims Collect on Delivery (C.O.D.) Service Credit Terms Declared Value and Limits of Liability (Not Insurance Coverage) Delivery Signature Options FedEx Home Delivery Firearms Fuel Surcharge Hazardous Materials Inspection of Shipments Liabilities Not Assumed Limitations on Legal Actions

Money-Back Guarantee Policy Package Consolidators (Including FedEx Authorized ShipCenter Locations) Package Restrictions (Size and Weight) Packaging and Marking Pharmaceuticals Pickup and Delivery Plants and Plant Materials Prohibited Items Proof of Delivery Rate Quotations Refusal or Rejection of Shipments Return Options Tobacco Products Undeliverable Shipments Warranties International Service Conditions Additional Information

Effective January 2, 2006
Updated August 31, 2006

Introduction

FedEx reserves the right to unilaterally modify, amend or supplement the rates, features of service, services, terms and conditions, and tariff in the FedEx Service Guide applicable to all customers without notice. This FedEx Ground Tariff also applies to the FedEx Retail Counter Rates Book. All modifications, amendments or supplements may be authorized only by an officer in the Legal Department of FedEx Corporation or successor positions, but no other agent or employee of FedEx nor any other agent or party is authorized to do so.

This FedEx Ground Tariff is published in printed form and electronically at fedex.com. To the extent that conflicts exist, if any, between the terms and conditions, other parts of the FedEx Service Guide or FedEx Retail Counter Rates Book, and the current versions, if any, of the FedEx Ground Tariff 200, the FedEx Ground Pick-Up Record, and fedex.com, the downloadable version (PDF) of the FedEx Ground Tariff (including any amendments, supplements or both) as then in effect shall control. The FedEx Ground Pick-Up Record, other parts of the FedEx Service Guide and FedEx Retail Counter Rates Book and the FedEx Ground information at fedex.com are incorporated by reference.

Note: Unless otherwise specified in this tariff, the rules listed in this tariff apply to packages originating in the U.S. for transportation via a FedEx Ground service.

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Scope of Tariff

1. Participating Carriers. FedEx Ground Package System, Inc. (FedEx Ground) with packages originating in the U.S.
2. Governing Publications. Except as otherwise provided, this tariff is governed by the following publications, supplements thereto or succeeding publications thereof: FedEx Zone Locator (U.S.) and the rate information in the FedEx Service Guide and FedEx Retail Counter Rates Book in effect at the time of shipment. These publications are available at fedex.com.
3. Scope of Operations
   FedEx Ground Package System, Inc. (U.S.):

   To operate as a CONTRACT CARRIER, by motor vehicle, in interstate or foreign commerce, over irregular routes, transporting GENERAL COMMODITIES (except Classes A and B explosives, household goods and commodities in bulk) between points in the U.S. under continuing contract(s) with commercial shippers, receivers or brokers of such commodities.

   To operate as a COMMON CARRIER, by motor vehicle, in interstate or foreign commerce, over irregular routes, transporting GENERAL COMMODITIES (except Classes A and B explosives, household goods and commodities in bulk) in packages weighing 150 lbs. or less when transported in a motor vehicle in which no one package exceeds 150 lbs., between ground points in the U.S.

   To operate as a common and contract carrier, by motor vehicle, in intrastate commerce, over irregular routes, transporting GENERAL COMMODITIES (except Classes A and B explosives, household goods and commodities in bulk) between points in the U.S.

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Definitions

"Account-Specific Rates" are the rates paid by FedEx account holders who have discounts applied to their account and who charge their shipping to their FedEx account.

"Business day" means Monday through Friday for FedEx Ground, and Tuesday through Saturday for FedEx Home Delivery, except for the following holidays:

Memorial Day

Independence Day

Labor Day

Thanksgiving Day

Christmas Day

New Year's Day

Constitution Day (Puerto Rico only)

Good Friday (Puerto Rico only)

Three Kings Day (Puerto Rico only)

Observation of holidays is subject to change. Refer to the holiday list on fedex.com for details.

"Business delivery" means any delivery that is not a residential delivery.

"Commercial delivery" means any delivery that is not a residential delivery.

"Consolidator" means any person, corporation, partnership or other entity that is independent from FedEx and derives income from the consolidation of the packages of others for tender to us, including all FedEx Authorized ShipCenter locations and entities who have executed a Packaging and Pricing Agreement, Package Consolidator Agreement or Packaging Agreement with FedEx.

"FedEx," "FedEx Ground," "our" and "us" refer to FedEx Ground Package System, Inc., which conducts business as FedEx Ground, and its officers, employees and agents (but does not include cartage agents).

"In good credit standing" means: (1) that payment on the FedEx account is current; (2) the account is not in "cash only" status; and, (3) for commercial or business accounts, the balance does not exceed the credit limit established by FedEx.

"Overcharge" means a charge based on an incorrect rate or an incorrect special handling fee, billing for the wrong type of service, or billing based on incorrect package or shipment weight or account number.

"Package" means any container and its contents, and includes any non-containerized article.

"Proof of delivery" means electronically captured delivery information, which may include date, time, location and signature information.

"Residential delivery" means a delivery made to a home or private residence, including locations where a business is operated from the home. FedEx Ground also has FedEx Home Delivery service for residential packages.

"Retail Counter Rates" are the rates paid by shippers who ship at the counter in staffed FedEx locations in the U.S. and pay for their shipping with cash, check, debit or credit card instead of charging their shipping to a FedEx account.

"Return option" means FedEx Ground Package Returns Program (PRP), FedEx Ground Call Tag, FedEx Print Return Label and FedEx E-Mail Return Label.

"Service failure" means FedEx Ground did not deliver your standard ground and multiweight ground package(s) by the end of the scheduled delivery day as published on fedex.com, except as otherwise described in this tariff.

"Shipment" means one or more packages shipped together to the same recipient.

"Standard List Rates" are the FedEx rates paid by shippers if 1) they are FedEx account holders and they do not have discounts applied to their account and they have a shipment picked up at their location or they drop off a shipment at a non-staffed FedEx drop-off location or 2) they are non-FedEx account holders and they have a shipment picked up at their location or they drop off a shipment at a non-staffed FedEx drop-off location.

"Transportation charges" mean amounts assessed for movement of a shipment and does not include any other fees or charges that may be assessed under the FedEx Service Guide or FedEx Retail Counter Rates Book, such as (but not limited to) declared-value charges, special handling fees, customs duties and taxes, collect on delivery (C.O.D.) charges, and surcharges.

"Valid" as it relates to account numbers means a FedEx account number that has been issued by FedEx and that is in good credit standing.

"You" or "your" means the shipper/sender, recipient and their agents, servants, employees, and any other person or entity having or claiming an interest in a shipment.

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Non-Waiver

Any failure by us to enforce or apply a term, condition or provision of this FedEx Ground Tariff does not constitute a waiver of that term, condition or provision and does not otherwise impair our right to enforce such term, condition or provision.

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Account Numbers

FedEx account holders who ship at the counter in staffed FedEx locations in the U.S. and pay for their shipping with cash, check, debit or credit card instead of charging their shipping to their FedEx account will pay FedEx Retail Counter Rates instead of FedEx Standard List Rates or Account-Specific Rates.

Account numbers are issued by FedEx according to shipping location and are nontransferable. Account numbers are issued and used solely at the discretion of FedEx. FedEx may discontinue the use of accounts, in whole or in part, and terminate all or particular accounts and account numbers at any time, for any reason, at its sole discretion. Improper, illegal or any other misuse of your FedEx account may also, at the sole discretion of FedEx, result in loss of discounts or termination of the account. Improper, illegal or other misuse includes, but is not limited to, unauthorized consolidation of shipments owned by different parties, or violations of the terms and conditions in this FedEx Service Guide. Any materials, rights or privileges that you acquire by holding a FedEx account number may not be used for any purpose other than shipping with FedEx. If your account is terminated, we reserve the right, at our sole discretion, to deny your application for new or additional FedEx account numbers at any time in the future. All charges will be billed and must be remitted in U.S. funds.

All requests for account numbers are subject to credit investigation and verification by our Credit Department and Customer Service Account Confirmation Department. We do not offer consumer credit privileges. We will establish a credit account for businesses only, and an account may be refused or terminated if the customer's business status cannot be confirmed. To establish a new business account, you must provide a current business listing with telephone directory assistance, a Dun & Bradstreet number, a current business license, or a current business bank account statement. Any individual shipping for personal use must prepay the shipment charges or establish a FedEx account for billing directly to a major credit card.

The party to whom a FedEx account number is issued is liable for all charges to the account, including those resulting from unauthorized use. The account holder is responsible for the safekeeping of the account number. The account number should be released only to those authorized to ship on the account.

Failure to keep your FedEx account current may result in "termination" of your FedEx Ground service. If the account number to be billed is not valid, the shipment may be refused, delayed or returned until an alternative form of payment is secured. If a package is held, returned, or delivery is otherwise delayed because the account is not in good credit standing, you will not be entitled to a refund or credit of your transportation charges under the moneyback guarantee policy.

You must use your FedEx account number to obtain any discount applicable to your account. Use of your account number constitutes your agreement that all packages shipped by us shall be subject to this tariff, as modified, amended or supplemented.

Services and rates for packages dropped off at FedEx Kinko's Office and Print Centers, FedEx World Service Center locations and FedEx Authorized ShipCenter locations using the shipper's FedEx Ground account number or bar code shall be as stated in the shipper's FedEx Ground Service Agreement or FedEx Ground Pricing Addendum, if any, and the incorporated documents. Not all delivery services are available at FedEx Kinko's Office and Print Centers and FedEx World Service Center locations.

FedEx may provide trade credit information on its account holders to credit bureaus.

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Alcoholic Beverages

Only licensed entities may ship alcohol of any type with FedEx. For more information, go to fedex.com/us/wine. Consumers may not ship alcohol.

1. Licensee to Licensee. FedEx will accept alcohol shipments (beer, wine and spirits) when both the shipper and recipient are either licensed wholesalers, licensed dealers, licensed distributors, licensed manufacturers or licensed importers, subject to additional requirements and all applicable laws and regulations. Contact your FedEx account executive for complete details.
2. Licensee to Consumer. FedEx will accept wine shipments from licensed entities directly to consumers, subject to additional requirements and all applicable laws and regulations. Contact your FedEx account executive for complete details. Shipments of beer or spirits to consumers are prohibited.

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Billing

1. "Bill Sender" means charges will be billed to the sender. Payment on the account must be current. The sender may request an initial rebilling to another party, but all subsequent rebills will be only to the sender.
2. "Bill Recipient's FedEx Account Number" means charges will be billed to the recipient (except for certain additional charges that are billed to the shipper, including, but not limited to, pickup fees, address correction fees, invalid or missing account number fees, and fees associated with FedEx Delivery Signature Options. "Bill Recipient" should not be confused with C.O.D. service. In order to choose this billing option, the recipient's FedEx account number must be inputted into the shipper's electronic shipping system at the time the package is processed and payment on the account must be current. If the recipient is billed initially and refuses to make payment for the shipment, the charges may be rebilled to a third party. If not paid by the third party, any additional rebilling will be to the sender's account. (See section K, Billing Special Handling Fees.) The sender is liable for, and will be billed for, all charges and fees, plus all special handling fees in the event recipient or any third party does not pay. If due to the charges the recipient account exceeds credit limits with FedEx Ground, the sender will automatically be billed.
3. "Bill Third Party's FedEx Account Number" means charges will be billed to someone other than the sender or recipient (except for certain additional charges that are billed to the shipper, including, but not limited to, pickup fees, address correction fees, invalid or missing account number fees, and fees associated with FedEx Delivery Signature Options, C.O.D. or electronic C.O.D. [E.C.O.D.]). In order to choose this billing option, the FedEx account number of the third party must be inputted into the shipper's electronic shipping system at the time the package is processed and payment on the account must be current. If the third party is billed initially and refuses to make payment for the shipment, the charges may be rebilled to another party, but subsequent requests will only be rebilled to the sender. (See section K, Billing Special Handling Fees.) If the party that is rebilled refuses to pay, the sender is liable for and will be billed for all charges and fees, plus all special handling fees. If due to the charges the third-party account exceeds credit limits with FedEx Ground, the sender will automatically be billed.
4. For "Bill Recipient" or "Bill Third Party" transactions, if the recipient or third party refuses to pay the charges, refuses delivery or cannot be contacted, the sender is responsible and will be billed for any and all charges. For "Bill Recipient" or "Bill Third Party" transactions, FedEx Ground may verify the method of payment and reserves the right to not accept any "Bill Recipient" or "Bill Third Party" shipment for which such verification cannot be established.
5. The shipper's shipment may be delayed if FedEx Ground determines that it is billed to a FedEx account number that is not in good credit standing. The service failure moneyback guarantee will not apply (see the Money-Back Guarantee Policy section for details and limitations).
6. C.O.D. shipments may not be shipped "Collect" or "Bill Recipient." Shipping charges for C.O.D. shipments must be billed to either a sender's or third party's FedEx account number; they may not be paid by cash, check or credit card.
7. NOTWITHSTANDING ANY PAYMENT INSTRUCTIONS THAT ARE GIVEN TO FEDEX GROUND, THE SENDER IS ULTIMATELY LIABLE FOR ALL CHARGES AND FEES.
8. A special handling fee will be applied for any check or electronic fund transfer (EFT) that is dishonored due to insufficient funds on deposit or incorrect or insufficient signature of the drawer.
9. You must furnish with your payment the invoice numbers to which your payment applies. Payment should be sent using your remittance advice to one of the following:
   (By FedEx Envelope)
   FedEx Lockbox 360353
   Room 154-0455
   500 Ross Street
   Pittsburgh, PA 15262
   
   (By U.S. Postal Service)
   Any customer not using EDI or FedEx Billing Online whose billing address is in CT, DC, DE, KY, MA, MD, ME, MI, NC, NH, NJ, NY, OH, PA, RI, SC, VA, VT or WV should mail their payment and remittance detail to:
   FedEx
   P.O. Box 371461
   Pittsburgh, PA 15250-7461
   
   Any customer not using EDI or FedEx Billing Online whose billing address is in AK, AL, AR, CO, FL, GA, IA, ID, IL, IN, KS, LA, MN, MO, MS, MT, ND, NE, NM, OK, SD, TN, TX, WA, WI or WY should mail their payment and remittance detail to:
   FedEx
   P.O. Box 94515
   Palatine, IL 60094-4515
   
   Any customer not using EDI or FedEx Billing Online whose billing address is in AZ, CA, HI, NV, OR or UT should mail their payment and remittance detail to:
   FedEx
   P.O. Box 7221
   Pasadena, CA 91109-7321
   
   Customers who receive their invoices via EDI should mail their payment to: FedEx ERS
   P.O. Box 371741
   Pittsburgh, PA 15250-7741
   
   Customers who receive their invoices via FedEx Billing Online should mail their payment and remittance detail to:
   FedEx Billing Online
   P.O. Box 371599
   Pittsburgh, PA 15250-7599
   
10. If you are interested in or have questions regarding any of our invoicing or payment methods, contact your FedEx account executive or call FedEx Revenue Services at 1.800.622.1147, or access our Internet application Manage My Account at fedex.com.
11. Billing Special Handling Fees. A special handling fee will be applied in the following situations:
    1. Invoicing where an incomplete, inaccurate, invalid or deleted account number appears in the EDI transmission of shipping information.
       1. For "Bill Sender" transactions, if the account number on the shipping bar code is incomplete, inaccurate, invalid or deleted, and FedEx Ground is able to determine the correct number from FedEx Ground records, all charges and fees, plus the special handling fee, will be billed to the sender, and any appropriate earned discount will apply. If the correct account number cannot be determined from FedEx Ground records, all charges and fees plus the special handling fee will be billed to the sender, and no discount will be allowed.
       2. For "Bill Third Party" or "Bill Recipient" transactions, if the third party or recipient account number in the electronic data interchange (EDI) transmission is incomplete, inaccurate, invalid or deleted, all charges and fees, plus the special handling fee, will be billed to the sender. If FedEx Ground can determine the sender's correct account number from FedEx Ground records, it will be used for billing, and any appropriate earned discount will apply. If billed to sender and sender's correct account number cannot be determined from FedEx Ground records, no discount will be allowed.
       3. The fee for an incomplete, inaccurate, invalid or deleted account number will be applied only once for each package with such an account number.
    2. Payer Rebilling. A special handling fee will be charged to the sender for all requests to change a billing from the party billed or the bill-to party shown on the shipping transmission. If there are multiple requests, the fee may be applied for each invoice line item, which is rebilled. Requests for rebilling will be accepted up to 180 days from the invoice date, not counting the invoice date. Rebill requests will be accepted only for unpaid shipments. Requests should be sent to:
       FedEx
       Revenue Services
       3965 Airways Blvd., Module G
       Memphis, TN 38116

    For information regarding EDI and EFT, contact a FedEx account executive.

12. Invoice Adjustments/Overcharges:
    1. FedEx Ground reserves the right to audit shipments made via an electronic shipping device to verify service selection and package or shipment weight. If the service selected or weight entered is incorrect, FedEx Ground may make appropriate adjustments to the invoice at any time.
    2. Default Billing. Senders are responsible for entry of accurate shipment information in any electronic shipping device. Because the number of packages and weight per package are critical to our ability to correctly invoice, any omission or incorrect entry or unavailable information will result in a billing based on our estimate of the number of packages transported and either the standard dimensional factor at the time of billing or a standard "default" weight-per-package estimate determined at our sole discretion.
    3. A request for invoice adjustment for reasons not related to a service failure may be submitted in writing, via the invoice adjustment feature on fedex.com, or through our telephone invoice adjustment system at 1.800.622.1147, or, if you are a registered user, via our Internet application FedEx Billing Online at fedex.com. If you choose to submit your request via the telephone invoice adjustment system, you must confirm your request in writing within 15 days of your call. The request must state the reason you believe an adjustment or refund is warranted and must provide the following: the FedEx account number (if any); the package tracking number; the date of shipment; the recipient's name, address and ZIP code; and any applicable nonpayment codes. A partial payment against an invoice is not considered a request for invoice adjustment or notice of a refund request.
    4. Requests for invoice adjustment due to an overcharge must be received within 180 days after the date of shipment. For adjustments due to a service failure, see the Money-Back Guarantee Policy section.
       
       If you choose to send the invoice adjustment request separately from the remittance statement, please send to:
       FedEx
       Revenue Services
       3965 Airways Blvd., Module G
       Memphis, TN 38116
       
       For additional information or assistance regarding billing issues, please contact a FedEx account executive.
    5. FedEx is not obligated to refund any overcharge or pay any other obligation owed when your FedEx account is, or has been in the past, more than 60 days past due.
    6. If your account is more than 60 days past due, FedEx may, at its sole discretion, apply any overcharge amounts or other overpayments it agrees are owed to you against the oldest invoices.
13. Additional Taxes. If a federal value-added, consumption or similar tax is applicable to your shipment, FedEx Ground reserves the right to add that amount to your shipment charges.
14. The shipper is responsible for all reasonable costs incurred by FedEx Ground in attempting to obtain payment on any transaction. Such costs include, but are not limited to, attorneys' fees, collection agency fees, and interest and court costs.
15. Missing or Invalid Account Number. An account number is invalid if it is not the correct account number for the bill-to party, or it is the account number for a recipient or third party who fails to pay the shipping charges. An additional charge will be assessed for each missing or invalid account number.
16. FedEx Ground COLLECT Shipping. When shipping packages "collect" using the FedEx Ground COLLECT service option, the shipper agrees to pay all additional charges and surcharges related to shipment other than the base package charges. The shipper agrees to ship packages collect only to recipients authorized by FedEx Ground to receive collect shipments. The shipper further agrees to pay all applicable transportation charges if a package is shipped to an unauthorized recipient or if an authorized recipient refuses to accept delivery of a collect shipment. An additional charge will be assessed on any package that is shipped collect to a recipient not authorized by FedEx Ground to receive collect packages.

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Claims

1. Filing of Claims:
   1. All claims in connection with request for FedEx Ground C.O.D. service and all claims for loss of or damage to property tendered to FedEx Ground for transportation in interstate or intrastate commerce (U.S.) must be filed in writing; must include or refer to the Pick-Up Record or Customer Shipping Record, if applicable, tracking ID, and date or other facts sufficient to identify the package involved; and must be accompanied by documents that prove the value of the property and/or extent of the loss or damage. Such documents may include original purchase invoices, estimates or invoices for repair (repairs are not authorized under this provision and should not be made until FedEx Ground has inspected the damaged package or expressly waived its right to inspect the damaged package), expense statements, appraisal, final confirmation screen if online order with proof of purchase, or other certified documents; must assert our liability for the alleged loss or damage; and must make claim for the payment of a specified or determinable amount of money. A request for proof of delivery does not constitute the filing of a claim.
      
      Notification. In the case of a claim for concealed damage that is not discovered at the time of delivery, the sender or recipient must notify FedEx Ground as promptly as possible after the discovery of the damage, and in any event no later than 21 days after the date of delivery. Notification should be made by calling 1.800.GoFedEx 1.800.463.3339 and the claimant shall be issued a Damaged Call Tag. At the time the Damaged Call Tag is issued, the call center agent will provide a confirmation number. This number should be recorded on the claim form along with the original tracking ID where indicated. Notification does not constitute filing of a claim as required in section C below.
      
      Except as provided in the paragraph above, receipt of the shipment by the recipent without written notice of damage on the delivery record is prima facie evidence that the shipment was delivered in good condition. As a condition to FedEx Ground considering a claim, all the original shipping cartons, packing (inner and outer) and contents must be made available for FedEx Ground inspections. Package and contents must be retained by the claimant until the claim is resolved.
   2. FedEx Ground will not voluntarily pay a claim for an uncertain amount, such as "$100 more or less." FedEx Ground is not obligated to act on any claim until all transportation charges are paid. The claim amount may not be deducted from these charges or any outstanding balance.
   3. Bad order reports, appraisal reports of damage, notations of exceptions on delivery records or other documents, inspection reports issued by FedEx Ground inspectors or inspection agencies, requests for proof of delivery, and tracer or inspection requests standing alone are not sufficient to comply with these claim filing requirements.
   4. FedEx Ground shipment-status information is not intended or permitted to be used by the shipper to file claims. (See Shipment-Status Information in the Proof of Delivery section.)
   5. FAILURE TO COMPLY WITH ANY OF THE ABOVE CONDITIONS WILL RESULT IN THE DENIAL OF A CLAIM.
   6. FedEx Ground reserves the option to pick up salvage on damaged claims when the claim is paid in full.
2. Acknowledgment of Claims. FedEx Ground will, upon receipt in writing of a proper claim filed in the manner and form described in these regulations and accompanied by the documents described, acknowledge the receipt of such claim in writing within 30 days after the date of receipt by FedEx Ground unless FedEx Ground shall have paid or declined such claim in writing within 30 days of the receipt thereof. FedEx Ground will create either in writing or electronically a separate file for each claim received, assign each claim a successive claim file number, and note the claim number assigned on all documents filed in support of the claim and all records and correspondence relating to the claim, including the written acknowledgment of receipt and, if in its possession, the pickup and delivery records covering the package involved. FedEx Ground will record the date a claim is received on the face of the claim document. The date of receipt will also be noted on our written acknowledgment of receipt.
3. Time Limit for Filing Claims. Claims in connection with requests for FedEx Ground C.O.D. service and claims for loss, damage or delay must be filed in writing with FedEx Ground within nine months from the date of delivery, or, in the event that FedEx Ground failed to make delivery, within nine months after package was tendered to FedEx Ground for shipment. Suits against FedEx Ground must be instituted within two years and one day from the date FedEx Ground gives written notice that FedEx Ground has disallowed any part of the claim specified in the notice. If claims are not filed or suits are not instituted in accordance with the foregoing provisions, FedEx Ground will not be liable and such claims will not be paid. A Claim Reporting Form can be requested from a FedEx account representative or by calling 1.800.GoFedEx 1.800.463.3339.
4. Investigation of Claims:
   1. Each claim must be supported by the original Pick-Up Record or Customer Shipping Record (if applicable), evidence that applicable transportation charges have been paid, and documents that prove the value of the property, and/or extent of the loss or damage. Such documents may include original purchase invoices, estimates or invoices for repair, expense statements, appraisals, or other certified documents. The documents must be verifiable to our satisfaction. Where the property involved in a claim has not been invoiced to the recipient, or where an invoice does not show price or value, or where the property involved has not been sold, or where the property has been transferred at bookkeeping values only, FedEx Ground will, before voluntarily paying a claim thereon, require the claimant to establish the destination value of the quantity shipped, transported or involved, and to certify the correctness of the valuations in writing.
   2. When a claim for loss of an entire package or an entire shipment cannot otherwise be authenticated upon investigation, FedEx Ground will obtain from the recipient of the shipment involved a certified statement in writing that the property for which the claim is filed has not been received from any other source.
   3. In the event that the shipper and the recipient have refused a package, the property shall thereupon pass to FedEx Ground. FedEx Ground will not honor a claim for an abandoned package.
5. Disposition of Claims. FedEx Ground will, after receiving a written claim for loss or damage to the property transported, either pay actual or declared value for the property, whichever is lower; or decline, or make a firm compromise settlement offer in writing to the sender (unless special arrangements have been made) within 120 days after receipt of claim by FedEx Ground. If a claim cannot be processed and disposed of within 120 days after the receipt thereof, FedEx Ground will advise in writing of the status of the claim and the reason for the delay in making final disposition. F. Damaged Property:
6. Damaged Property:
   1. FedEx Ground Discovered Damage. Whenever property is damaged by FedEx Ground in the course of transportation and discovered by FedEx Ground prior to delivery, FedEx Ground will either (1) return the damaged property to the shipper or (2) remove any damaged property and ship the balance of undamaged merchandise. If determined to be liable and if damaged property is returned to the shipper, FedEx Ground may, at the shipper's request, pay the full actual or declared value of the property, whichever is lower, and title of the property shall thereupon pass to FedEx Ground. If the shipper makes such a request, the shipper must hold the damaged property until FedEx Ground has completed the processing of the shipper's claim. FedEx Ground shall not be liable for any special, incidental or consequential damages.
   2. Concealed Damage. Whenever property is delivered by FedEx Ground and damage or loss is subsequently discovered by the recipient, inspection may be made by FedEx Ground as promptly as practicable after receipt of request from the recipient or shipper. The shipper or recipient must notify FedEx Ground as promptly as possible after discovery of the damage, and in any event no later than 21 days after the date of delivery. FedEx Ground reserves the right to inspect a damaged shipment on customer premises as well as the right to retrieve the damaged shipment for inspection at a local FedEx facility. All of the original shipping cartons, packing and contents must be available for our inspection and retained until the claim is concluded. Inspection will include examination of the damaged property, the shipping container and its packing, and any other action necessary to establish all the facts. If a shortage is involved, the inspector will compare the contents of package with the invoice, weigh the shipping container and contents, or conduct any other type of investigation necessary to establish that a loss has occurred. In either case, the inspection will be limited to a factual report. The shipper and recipient must cooperate with FedEx Ground to assist in the inspection. A written record of our findings will be made and a copy given to the shipper for claim support upon request. Any inspection report issued will be incorporated into the claim file.
      
      The terms and conditions of the FedEx Ground Tariff applicable to the original shipment (including, but not limited to, any declared value or limitation of liability) will govern the disposition of all claims in connection with said shipment, including any claim relative to the retrieval, inspection, call tag or return of said shipment.
   3. In the event FedEx Ground does not make an inspection, the recipient must make the inspection and record all information pertinent to the cause. The recipient's inspection, in such case, may be considered as the FedEx Ground inspection and will not jeopardize any recovery due the shipper based on the facts contained in the report.
7. Spotted Trailers. The shipper agrees to load any trailers spotted at its facilities within 48 hours after being spotted with 225 or more packages per trailer. The shipper agrees not to file claims on any package shortages for spotted trailers. Upon written request from the shipper, FedEx Ground agrees to notify the shipper of any package shortages within 120 hours after the shipper's packages are transmitted to FedEx Ground. Notification to the shipper shall include date of pickup and the number of packages short of the total entered by the shipper on the FedEx Ground Pick-Up Record or provided by the shipper on a computer-generated manifest. The shipper agrees not to file claims in connection with any package shortages reported by FedEx Ground to the shipper.

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Collect on Delivery (C.O.D.) Service

1. FedEx Ground C.O.D. Service:
   1. To request FedEx Ground C.O.D. service, the shipper must prepare and attach to each C.O.D. package a C.O.D. label showing the amount to be collected and a C.O.D. bar-code label to designate the type of collection. The shipper must also enter the amount to be collected on the FedEx Ground Pick-Up Record in the space provided for the purpose. The entry of a C.O.D. amount on the FedEx Ground Pick-Up Record is not a declaration of value for the package. If the shipper does not also declare the value of the package, our liability for loss of or damage to the package shall be limited to the loss or damage actually sustained by the shipper or $100, whichever is lower.
   2. FedEx Ground will collect for each C.O.D. package the amount shown on the C.O.D. label attached to the package, not to exceed $25,000 per package, including freight charges. If collection cannot be made, FedEx Ground will return the C.O.D. package to the shipper. The shipper must attach a C.O.D. bar-code label to each C.O.D. package to designate the type of collection:
      A "Regular" C.O.D. bar-code label is used when the shipper does not designate the type of payment to be collected.
      A "Guaranteed Funds" C.O.D. bar-code label is used when the shipper designates a money order, cashier's check, official check or certified check to be collected.
      A "Currency" C.O.D. bar-code label is used when the shipper designates only currency to be collected. FedEx Ground will not accept currency in excess of $750 in payment for the C.O.D. amount associated with any one package delivered in the U.S. Additional per-package charges for "Currency" C.O.D.-labeled packages delivered in the U.S. will apply. The additional per-package charges for "Currency" C.O.D.-labeled packages do not apply to shipments from the U.S. to Canada.
   3. All checks (including cashier's checks, official checks and certified checks) and money orders tendered in payment of C.O.D. packages will be accepted by FedEx Ground at the shipper's risk, including, but not limited to, the risk of nonpayment and forgery, and FedEx Ground shall not be liable upon any such instrument.
   4. An additional charge will be assessed for each request for C.O.D. service to be performed, whether or not FedEx Ground is able to collect as requested. If the recipient cannot be located or fails or refuses to pay the C.O.D. amount via the requested instrument, the shipment will be returned to the shipper, and no refund or credit of either the transportation charges or the C.O.D. charges will be given.
   5. Remittance of C.O.D. Collections. FedEx Ground will remit C.O.D. collection to the shipper within 10 days from date of collection. The C.O.D. amount will be collected and remitted in the currency of the destination country. Our sole obligation shall be to timely remit the C.O.D. collection through the U.S. Postal Service, and FedEx Ground shall not otherwise be liable for any loss or delay caused by the remittance of the C.O.D collection.
   6. Performance of the C.O.D. service will not constitute FedEx Ground as the shipper's agent for any purpose, including, but not limited to, completion of the sale of the goods by the shipper to the recipient.
2. FedEx Ground Electronic C.O.D. Service (E.C.O.D). E.C.O.D. service requires the approval of FedEx Ground for enrollment. (This service is not available for U.S. to Canada shipments.) If the shipper is approved by FedEx Ground for enrollment, the following shall apply:
   1. The shipper authorizes FedEx Ground to collect payments for the E.C.O.D. shipments provided that no such E.C.O.D. shipments shall be made except upon the collection of the full amount of all sums owed to the shipper, including the fees of FedEx Ground. FedEx Ground shall, in all instances, act in conformity with the instructions of the shipper as provided on the E.C.O.D. label for the amount to be collected and the E.C.O.D. bar-code label for the type of collection.
   2. All checks received by FedEx Ground on behalf of the shipper shall be restrictively endorsed by FedEx Ground in substantially the following language and deposited into our terminal bank accounts ("FedEx Ground Bank"):
      FOR DEPOSIT ONLY
      FEDEX GROUND
      AS AGENT FOR THE WITHIN NAMED PAYEE
      LACK OF ENDORSEMENT GUARANTEED
   3. All such checks shall be deposited into the FedEx Ground account before the close of books of our bank on the first business day following the date such check is daily accepted whenever FedEx Ground delivers an E.C.O.D. package and collects the C.O.D. amount.
   4. If any check collected on behalf of the shipper is timely deposited by FedEx Ground but thereafter is dishonored and returned to our bank as non-negotiable, the risk of nonpayment shall lie with the shipper, and the shipper shall reimburse FedEx Ground for the face amount of such check and any bank charges associated with the return of the check by permitting FedEx Ground to reduce the next electronic funds transfer by a like amount, provided that such returned check is promptly forwarded to the shipper by FedEx Ground to the shipper's address.
   5. All collections in the form of cash shall be deposited into the FedEx Ground account no later than the close of our bank's books on the first business day following FedEx Ground's receipt of such cash or currency.
   6. Some banks will not allow a third-party endorsement of money orders or cashier's checks. If this occurs, the money order or cashier's check will be mailed back to the shipper, and the amount initially transferred electronically will be deducted from the shipper's next E.C.O.D. remittance.
   7. In addition to the foregoing, on or before the end of each business day during participation in the E.C.O.D. program and thereafter so long as any funds belonging to the shipper remain in the possession or control of FedEx Ground, FedEx Ground shall transmit the details of all deposits at the shipper's designated bank and/or FedEx Ground's bank and/or checks returned for insufficient funds to the shipper.
   8. An additional charge will be assessed for each E.C.O.D. package tendered to FedEx Ground by the shipper. An additional weekly service charge will be assessed for the E.C.O.D. service.
   9. Performance of the C.O.D. service will not constitute FedEx Ground as the shipper's agent for any purpose, including, but not limited to, completion of the sale of goods by the shipper to the recipient.

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Credit Terms

1. FedEx Ground does not provide individual consumer credit privileges.
2. FedEx Ground will extend credit to shippers who, in the sole judgment of FedEx Ground, are creditworthy.
3. As a condition of extending credit privileges, FedEx Ground reserves the right to require business customers to provide current financial information, agree to bank draft arrangements for payment on account, provide a security deposit or provide a bank letter of credit.
   1. Deposit Plan. After depositing an amount equivalent to four weeks' transportation charges as estimated by FedEx Ground, payments are required within 15 days of invoice date. The deposit amount is subject to change to reflect revised estimates of the shipper's charges.
   2. Under the deposit plan, no interest will be paid by FedEx Ground, nor will additional charges be rendered for their services. Net balances will be refunded at the request of the shipper.
4. The invoice date begins the credit term cycle, and payment is due within 15 days from the invoice date. Failure to keep your FedEx account current will result in "termination" of your ground service.
5. IF THE ACCOUNT NUMBER TO BE BILLED IS NOT IN GOOD CREDIT STANDING, THE PACKAGE MAY BE HELD OR STOPPED IN TRANSIT UNTIL YOU MAKE ALTERNATIVE PAYMENT ARRANGEMENTS. THE MONEY-BACK GUARANTEE POLICY WILL NOT APPLY IN SUCH CIRCUMSTANCES.
6. The shipper, and any other party who is liable for payment, is responsible for all reasonable costs incurred by FedEx Ground in obtaining or attempting to obtain payment for services rendered by FedEx Ground. Such costs include, but are not limited to, attorneys' fees, collection agency fees, interest and court costs.
7. Credit privileges will not be restored until you have paid all past-due balances in full and all costs, fees and expenses incurred by FedEx Ground in collecting or attempting to collect such balances. FedEx Ground may require establishment of electronic funds transfer as a prerequisite to credit restoration. FedEx Ground may decline to restore credit privileges even if all costs, fees and expenses are paid.
8. Customers requesting the reinstatement of their FedEx Ground service must contact the Recovery Collections department at 1.800.506.7580.
9. At our sole discretion, FedEx Ground may apply payments made on your account to any unpaid invoice issued on your account.

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Declared Value and Limits of Liability (Not Insurance Coverage)

1. FedEx Ground liability with regard to any package is limited to the sum of $100 unless a higher value is declared at time of tender and a greater charge paid as provided in the FedEx Service Guide or FedEx Retail Counter Rates Book.
2. The declared value of any package represents our maximum liability in connection with a package, including, but not limited to, any loss, damage, delay, misdelivery, nondelivery, misinformation, any failure to provide information, or misdelivery of information. Exposure to and risk of any loss in excess of the declared value is either assumed by the shipper or transferred by the shipper to an insurance carrier through the purchase of an insurance policy. The shipper should contact an insurance agent or broker if insurance coverage is desired. FEDEX GROUND DOES NOT PROVIDE INSURANCE COVERAGE OF ANY KIND.
3. In cases where the shipper declares or agrees in writing that the property being shipped is released to a value exceeding $100 per package or article not enclosed in a package, an additional charge for each $100 or fraction thereof of valuation in excess of the $100 valuation will be assessed to which the base rate applies, up to a maximum declared value of $50,000 per package.
4. Packages containing all or part of the following items are limited to a maximum declared value of $100:
   1. Artwork, including any work created or developed by the application of skill, taste or creative talent for sale, display or collection. This includes, but is not limited to, items (and their parts) such as paintings, drawings, vases, tapestries, limitededition prints, fine art, statuary, sculpture and collector's items.
   2. Film, photographic images (including photographic negatives), photographic chromes and photographic slides.
   3. Any commodity that by its inherent nature is particularly susceptible to damage or the market value of which is particularly variable or difficult to ascertain.
   4. Antiques, or any commodity that exhibits the style or fashion of a past era and whose history, age or rarity contributes to its value. These items include, but are not limited to, furniture, tableware, glassware, and collector's items such as sports cards, souvenirs and memorabilia. (Collector's coins and stamps may not be shipped. See the Prohibited Items section.)
   5. Glassware, including, but not limited to, signs, mirrors, ceramics, porcelains, china, crystal, glass, framed glass and any other commodity with similarly fragile qualities.
   6. Plasma screens.
   7. Jewelry, including, but not limited to, costume jewelry, watches and their parts, mount gems or stones (precious or semiprecious), industrial diamonds, and jewelry made of precious metal.
   8. Furs, including, but not limited to, fur clothing, fur-trimmed clothing and fur pelts.
   9. Precious metals, including, but not limited to, gold and silver bullion or dust, precipitates or platinum (except as an integral part of electronic machinery).
   10. Stocks, bonds, cash letters or cash equivalents, including, but not limited to, food stamps, postage stamps (not collectible), traveler's checks, lottery tickets, money orders, gift cards and gift certificates, prepaid calling cards (excluding those that require a code for activation), bond coupons, and bearer bonds.
   11. Guitars and other musical instruments that are more than 20 years old, and customized or personalized musical instruments.
5. Our liability for loss or damage to used electronic or computer equipment shall be limited to $100, unless a higher value is declared on the FedEx Ground Pick-Up Record and the applicable charges are paid. In those instances where the shipper declares a value in excess of $100, our liability shall be determined by the most recent edition of the Orion Blue Book series applicable to the specific item lost or damaged or the declared value, whichever is lower, but in no event will liability exceed the declared value.
6. ANY EFFORT TO DECLARE A VALUE IN EXCESS OF THE MAXIMUMS ALLOWED IN THE FEDEX SERVICE GUIDE IS NULL AND VOID. OUR ACCEPTANCE FOR CARRIAGE OF ANY PACKAGE BEARING A DECLARED VALUE IN EXCESS OF THE ALLOWED MAXIMUMS DOES NOT CONSTITUTE A WAIVER OF ANY PROVISION OF THE FEDEX SERVICE GUIDE AS TO SUCH PACKAGE.
7. REGARDLESS OF THE DECLARED VALUE OF A PACKAGE, OUR LIABILITY FOR LOSS, DAMAGE, DELAY, MISDELIVERY, NONDELIVERY, MISINFORMATION, ANY FAILURE TO PROVIDE INFORMATION, OR MISDELIVERY OF INFORMATION, WILL NOT EXCEED ITS REPAIR COST, ITS DEPRECIATED VALUE OR ITS REPLACEMENT COST, WHICHEVER IS LESS.

Delivery Signature Options

FedEx offers three FedEx Delivery Signature Options for shippers:

1. Indirect Signature Required. FedEx will obtain a signature in one of three ways:
   1. From any person at the delivery address; or
   2. From a neighbor, building manager or other person at a neighboring address; or
   3. The recipient can sign a FedEx door tag authorizing release of the package without anyone present.
2. Direct Signature Required. FedEx will obtain a signature from any person at the delivery address. If no one is at the address, FedEx will reattempt delivery.
3. Adult Signature Required. FedEx will obtain a signature from any person at least 21 years old (government-issued photo identification required) at the delivery address. If no eligible recipient is at the address, FedEx will reattempt delivery.
4. Shipments to residential addresses may be released without obtaining a signature. If you require a signature for a residential shipment, select one of the Delivery Signature Options.
5. FedEx International Ground. Indirect Signature Required will be available for no fee for FedEx International Ground shipments to residential and nonresidential locations from Canada into the U.S. Customers will have the option to upgrade to Direct Signature Required for a fee. For FedEx International Ground shipments from the U.S. to residential addresses in Canada, FedEx may release the package without a signature. For FedEx International Ground shipments from the U.S. to nonresidential addresses in Canada, FedEx will attempt to obtain a signature (Indirect Signature Required).
6. Special handling fees apply. See Rates in the FedEx Service Guide or FedEx Retail Counter Rates Book.
7. Indirect Signature Required is not available for shipments to nonresidential addresses.
8. Also see the Billing, Money-Back Guarantee, Liabilities Not Assumed, Pickup and Delivery, and Proof of Delivery sections.

FedEx Home Delivery

1. A package is defined as a FedEx Home Delivery package if its bar code includes one of the designated FedEx Home Delivery service codes.
2. Service days for FedEx Home Delivery packages are defined as Tuesday through Saturday for normal deliveries. Saturday is not a service day for all areas. Contact a FedEx account executive for additional information.
3. FedEx Home Delivery shippers must transmit an electronic manifest that contains all package information directly to FedEx Ground in an approved electronic format. The electronic transmission must include package weight, destination ZIP code, and recipient name and address. The package label must meet FedEx Home Delivery specifications, including the "H" on the bar-code label.
4. FedEx Home Delivery packages may not weigh more than 70 lbs. FedEx Home Delivery packages may not contain hazardous materials, except for materials classified as "Other Restricted Materials - Domestic" (ORM-D), and may not be shipped under the FedEx Ground COLLECT service program.
5. FedEx Home Delivery packages may not be shipped in conjunction with FedEx Ground C.O.D. services (including C.O.D., Electronic C.O.D. and Currency C.O.D.).
6. All FedEx Home Delivery packages will be considered residential, even if the packages are addressed to a business, and will be subject to the FedEx Home Delivery residential surcharge as published in the FedEx Service Guide or FedEx Retail Counter Rates Book in effect at the time of shipment.
7. Any FedEx Home Delivery package will be eligible for the FedEx Home Delivery Money-Back Guarantee and will not be eligible for the FedEx Ground Money-Back Guarantee. FedEx Home Delivery packages must meet all the terms and conditions of the FedEx Home Delivery service to qualify for the FedEx Money-Back Guarantee.
8. Any package shipped as a FedEx Home Delivery package that fails to comply with the terms and conditions of this service may be refused by FedEx Ground, or if initially accepted by FedEx Ground, may later be returned to the shipper. Noncompliance with the terms and conditions of FedEx Home Delivery may also result in additional charges upon written notice to the shipper.

Firearms

1. FedEx Ground will transport firearms (excluding handguns), but only between:
   1. Licensed importers, licensed manufacturers, licensed dealers, licensed collectors, law enforcement agencies of the U.S. or of any department or agency thereof, and law enforcement agencies of any state or any department, agency, or political subdivisions thereof; or
   2. Where not prohibited by local, state and federal law from individuals to licensed importers, licensed manufacturers or licensed dealers for the purpose of repair or customizing (and return of same).
2. Firearms must be shipped via the FedEx Delivery Signature Options Direct Signature Required or Adult Signature Required options and are not eligible for signature release, driver release or indirect delivery.
3. FedEx Ground will transport small-arms ammunition, when packed and labeled in compliance with local, state and federal law, and the Hazardous Materials section of this tariff.
4. FedEx Ground will not accept for transport handguns, assembled or disassembled.
5. Firearms and ammunition must be shipped in separate packages.

Fuel Surcharge

FedEx reserves the right to assess fuel and other surcharges on shipments without notice. The amount and duration of any such surcharges will be determined at our sole discretion. By tendering your shipment to FedEx, the shipper agrees to pay the surcharges, as determined by FedEx. The fuel surcharge rate, if applicable, is available at fedex.com.

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Hazardous Materials

Packages containing hazardous materials cannot be shipped via FedEx international services or to Hawaii, Puerto Rico or Alaska. Hazardous-material shippers must be properly qualified through a FedEx sales representative before tendering hazardous-material packages via FedEx Ground.

1. All packages containing hazardous materials must be properly classified, described, packaged, marked, labeled and in proper condition for transportation according to applicable regulations and FedEx Ground requirements. FedEx Ground accepts only certain hazardous materials as listed in the current copy of the FedEx Ground Shipping Hazardous Materials Guide, which is incorporated herein by reference. Contact a FedEx account executive, see fedex.com or call 1.800.GoFedEx 1.800.463.3339 for more information.
2. FedEx Ground does not accept for transportation hazardous waste, hazardous substances, inhalation hazards, and biohazards such as blood, urine, fluids and other noninfectious diagnostic specimens.
3. Hazardous materials, except ORM-D materials, cannot be banded, strapped or taped to form a bundle. Packaging restrictions and service restrictions apply. Unless other U.S. Department of Transportation (DOT) restrictions apply, FedEx Ground does not accept hazardous materials over 70 lbs. (32 kg). FedEx Ground does not accept pails or drums over 8 gallons (32 liters). All pails or drums must be in performance-oriented packaging (POP). FedEx Ground will accept authorized pails or drums as single packaging. Hazardous materials may not be shipped in any FedEx packaging.
4. Hazardous-material shipments are not accepted at FedEx Express Drop Box locations, FedEx Kinko's Office and Print Centers, FedEx World Service Center locations, FedEx Authorized ShipCenter locations or any unstaffed FedEx locations.
5. Packages containing hazardous materials are not eligible for FedEx Ground return options.
6. All damaged or leaking hazardous-material packages may be properly repackaged, prepared in accordance with applicable DOT regulations and returned to the shipper. The undamaged portion of a damaged hazardous-materials shipment will be returned to the shipper for recycling, reprocessing or disposal. If the shipper refuses to accept the returned shipment, or if the shipment cannot be returned to the shipper, as determined at our sole discretion, the shipper is responsible for and will reimburse FedEx Ground for all costs and fees of any type connected with the legal disposal of the shipment and all costs and fees of any type connected with cleanup of any spill or leakage.
7. No service guarantees (e.g., no FedEx Money-Back Guarantee) will apply to packages not properly prepared in accordance with DOT regulations and FedEx Ground requirements.
8. Hazardous-material packages found in the FedEx Ground system not properly prepared in accordance with DOT regulations and FedEx Ground requirements will be held for customer pickup. If the shipper refuses to pick up or make other arrangements for delivery acceptable to FedEx Ground, the shipper will reimburse FedEx Ground for all costs and fees of any type connected with the legal disposal of the shipment. The shipper agrees to indemnify FedEx Ground for any and all costs, fees and expenses FedEx Ground incurs as a result of the shipper's failure to comply with FedEx Hazardous Materials shipping requirements.
9. In the event the shipper loads any FedEx Ground vehicle, the shipper agrees to segregate hazardous materials in accordance with regulations.
10. The shipper may be held accountable for all costs associated with any damaged or leaking hazardous-material package that is not properly prepared in accordance with all DOT regulations and FedEx Ground requirements. Cost may include response, cleanup and disposal.
11. Materials classified as ORM-D are the only hazardous materials that can be shipped via FedEx Home Delivery.
12. Packages containing hazardous materials are not eligible for signature release, driver release or indirect delivery.
13. Charge for Handling Hazardous Materials. In addition to the other rates and charges named in this tariff, a charge will be assessed on each package of hazardous materials.

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Inspection of Shipments

FedEx Ground reserves the right, but is not required, to open and inspect any package tendered to it for transport.

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Liabilities Not Assumed

FEDEX GROUND WILL NOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE DECLARED VALUE OF A SHIPMENT, WHETHER OR NOT FEDEX GROUND KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES MIGHT BE INCURRED.

In no event shall FedEx Ground, including, without limitation, agents, contractors, employees and affiliates, be liable for any special, incidental or consequential damages, including, without limitation, loss of profits or income, whether or not FedEx Ground had knowledge that such damages might be incurred.

FedEx Ground will not be liable for, nor shall any adjustment, refund or credit of any kind be made, as a result of any loss, damage, delay, misdelivery, nondelivery, misinformation or any failure to provide information, except such as may result from our sole negligence. FedEx Ground will not be liable for, nor shall any adjustment, refund or credit of any kind be given as a result of, any loss, damage, delay, misdelivery, nondelivery, misinformation or failure to provide information caused by or resulting in whole or in part from:

1. The act, default or omission of any person or entity, other than FedEx Ground.
2. The nature of the shipment, including any defect, characteristic or inherent vice of the shipment.
3. The shipper's violation of any of the terms and conditions contained in this tariff, as amended from time to time, including, but not limited to, the improper and insufficient packing, securing, marking and labeling of shipments, or use of an account number not in good credit standing.
4. Perils of the air, public enemies, criminal acts of any person(s) or entities, including, but not limited to, acts of terrorism, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotions, hazards incident to a state of war, local, national or international weather conditions (as determined solely by FedEx Ground), local, national or international disruptions in ground transportation networks (as determined solely by FedEx Ground), strikes or anticipated strikes (of any entity, including, but not limited to, other carriers, vendors or suppliers), natural disasters (earthquakes, floods and hurricanes are examples of natural disasters), conditions that present a danger to FedEx Ground personnel, and disruption or failure of communication and information systems (including, but not limited to, FedEx Ground systems).
5. Acts or omissions of any person or entity other than FedEx Ground, including our compliance with verbal or written delivery instructions from the sender, recipient, or persons claiming to represent the shipper or recipient.
6. Loss of or damage to articles packed and sealed in packages by the sender or by person(s) acting at the sender's direction, provided the seal is unbroken at the time of delivery, the package retains its basic integrity, and the recipient accepts shipment without providing written notice of damage on the delivery record.
7. Erasure of data from or the loss or irretrievability of data stored on magnetic tapes, files or other storage media, or erasure or damage of photographic images or soundtracks from exposed film.
8. Our liability for the loss of any electronic data storage tape, including magnetic tapes and computer tapes, or electronic information storage medium, including computer diskettes, compact discs or memory sticks, or microfiche, which contain third-party personal or financial information shall be limited to only the cost of the medium on which the data is stored.
9. Our inability to provide a copy of the delivery record or a copy of the signature obtained at delivery.
10. Failing to meet our delivery commitment for any shipments with an incomplete or incorrect address.
11. Failing to meet our signature commitment for shipments sent using FedEx Delivery Signature Options.
12. Shipments released without obtaining a signature at residential addresses, and at nonresidential addresses if a signature release is on file.
13. Our failure to honor "package orientation" graphics (e.g., "up" arrows, "this end up" markings), "fragile" labels or other special instructions not explicitly provided for in the FedEx Service Guide on packaging, or damage to shipments not in packaging approved by FedEx Ground prior to shipment where such prior approval is recommended or required herein. Also, FedEx Ground is not liable for damages indicated by any shockwatch, tiltmeter or temperature gauge.
14. The shipment of fluorescent tubes, neon lighting, neon signs, X-ray tubes, laser tubes, light bulbs, quartz crystal, quartz lamps, glass tubes such as those used for specimens, and glass containers such as those used in laboratory test environments.
15. The shipment of scale models (including, but not limited to, architectural models, dollhouses, and so on) and prototypes.
16. The shipper's failure to provide a valid FedEx Ground account number in good credit standing in the billing instructions on shipping documentation.
17. Our failure to notify the shipper of any delay, loss or damage in connection with the shipper's shipment or any inaccuracy in such notice.
18. Performance of any services will not constitute FedEx Ground as the shipper's or anyone's agent for any purpose.
19. Damage to briefcases, luggage, garment bags, aluminum cases, plastic cases or other items when not enclosed in outer packaging, whose outer finish might be damaged by adhesive labels, soiling or marking.
20. Shipping of plants and plant materials is discouraged with FedEx Ground. FedEx Ground assumes no liability for damages in transit or damages resulting from delay of shipments.
21. If a shipment is refused by the recipient, leaks, or is damaged, the shipment will be returned to the sender, if possible. If the sender refuses to accept the returned shipment or it cannot be returned because of leakage or damage due to faulty packaging, the shipper is responsible for and will reimburse FedEx Ground for all costs and fees of any type connected with the legal disposal of the shipment and all costs and fees of any type connected with cleanup of any spill or leakage.
22. FedEx Ground will not be liable for any package where FedEx Ground records do not reflect that the package was tendered to FedEx Ground by the shipper. For shipments entered into a FedEx self-invoicing system, Internet shipping device or any other electronic shipping method used to ship a package, the shipper is responsible for deleting any shipments entered into such system but not tendered to FedEx Ground. If the shipper fails to do so and is billed for the shipment and seeks a refund, credit or invoice adjustment, the shipper must comply with the notice provisions in Invoice Adjustments/Overcharges in the Billing section.
23. Shipments of any plants and plant materials, ostrich or emu eggs, or live fish. The shipment of any alcoholic beverages or tobacco products if you fail to comply with the applicable terms and conditions.
24. Damage to computers, or any components thereof, or any electronic equipment when shipped in any packaging other than:
    1. The manufacturer's original packaging, which is undamaged and has retained a good, rigid condition.
    2. Packaging that is in accordance with the FedEx packaging guidelines available online at fedex.com/us/services/shipinfo/packaging.
    3. FedEx laptop packaging, for shipments of laptop computers.
25. Our provision of packaging, advice, assistance or guidance on the appropriate packaging of shipments unless such advice, assistance or guidance has been approved in writing by FedEx Packaging Design and Development and the writing expressly accepts liability in the event of a damaged shipment.
26. FedEx Ground does not provide protective services for transportation of perishable commodities or of commodities requiring protection from heat or cold. Such commodities will be accepted for transportation solely at the shipper's risk for loss of value or damage occasioned by exposure to heat or cold. The shipper agrees to not file damage claims for perishable items.
27. For any shipments containing repaired, remanufactured or refurbished goods, FedEx Ground shall not be liable unless the package was lost during shipment or there was visible damage to the package noted by the driver at the time of delivery. Receipt of a shipment without written notice of damage on the delivery record is prima facie evidence that the shipment was delivered in good condition.
28. Automated Shipping Devices and Software-Based Shipping Systems. FedEx Ground will not be liable for any extra services where our records do not reflect that the package information was transmitted by the shipper.

Limitations on Legal Actions

Any civil claim for overcharges must be brought within 18 months after the claim accrues. Any civil claim for, including, but not limited to, any loss, damage, delay, misdelivery, nondelivery, misinformation, any failure to provide information, or misdelivery of information relating to the shipment, must be brought within two years and one day from the date FedEx Ground gives written notice that FedEx Ground has disallowed any part of the claim specified in the notice.

Any right you might have to damages, refunds, credits recovery of reliance interests, disgorgement, restitution, injunctive relief, declaratory relief or any other legal or equitable relief whatsoever against FedEx Ground under any cause of action arising from the transportation of any package pursuant to the FedEx Service Guide shall be extinguished unless you first comply with all applicable notice periods and requirements in this tariff including, but not limited to, the periods and requirements for providing notice under the Billing, Claims and Money-Back Guarantee Policy sections. You and FedEx Ground understand that timely and complete compliance with such notice periods and requirements is a contractual condition precedent to your right to any relief whatsoever, and you must plead compliance with those conditions precedent on the face of any complaint that you file against FedEx Ground. You and FedEx Ground agree that FedEx Ground cannot be considered to have breached any obligation to you unless or until FedEx Ground wrongfully denies a claim submitted to FedEx Ground pursuant to the notice periods and requirements contained in this tariff. Finally, you and FedEx Ground agree that you will comply with applicable notice periods and requirements even if you believe that such compliance will not result in relief from FedEx Ground or if you lack knowledge regarding whether such compliance will result in relief from FedEx Ground.

You agree that you will not sue FedEx Ground as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against FedEx Ground. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff.

To the extent that any court finds that state rather than federal law applies to any provision of this contract, the controlling law is the substantive law of the state in which you tendered your shipment to FedEx Ground.

The performance of any services does not make FedEx Ground an agent of the shipper or any third party for any purpose.

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Money-Back Guarantee Policy

A. FedEx Ground Money-Back Guarantee. FedEx Ground will credit or refund the transportation charge to a shipper if it does not deliver the shipper's standard ground and multiweight ground package(s) by the end of the scheduled delivery day as published on fedex.com. This guarantee can be suspended or revoked at our sole discretion without prior notice to you. The FedEx Money-Back Guarantee applies to deliveries within the U.S. For shipments destined to Puerto Rico, the FedEx Money-Back Guarantee only applies to the U.S. gateway. The FedEx Money-Back Guarantee does not apply to international shipments to Canada. To qualify for this money-back guarantee, the shipper must have fulfilled the conditions stated below..

Section I.

1. Proper Package Labeling. The shipper has properly labeled the package in accordance with the FedEx Service Guide, including, without limitation, affixing the correct business name, contact name, deliverable address (number, street, city, state, and a five-digit ZIP code) and has correctly placed the customer-specific FedEx Ground bar-code label on the package; and the shipper has correctly addressed the package to a commercial business and not to a residence.
2. Proper Data Transmission. The shipper has timely and accurately transmitted to FedEx Ground any electronic package-level data necessary for package sorting by FedEx Ground, to the extent required by the Shipper's Agreement with FedEx Ground.
3. Proper Pickup. The package has been picked up by a FedEx Ground driver at the shipper's location, at a FedEx Kinko's Office and Print Center, at a FedEx World Service Center or at a FedEx Authorized ShipCenter prior to that location's regular scheduled pickup time.
4. Proper Receipt. The recipient was available to receive, and did not refuse, the package.
5. Proper Notification:
   1. Requests for an invoice adjustment due to a service failure must be submitted via the invoice adjustment feature on fedex.com, our telephone invoice adjustment system at 1.800.622.1147, or if you are a registered user, our Internet application FedEx Billing Online at fedex.com.
   2. All requests for invoice adjustment must be received via one of the approved channels within 15 calendar days of the invoice date or within 15 calendar days from the ship date if you are paying by credit card or in advance by cash, check or money order.
6. A credit or refund under the FedEx Ground Money-Back Guarantee will be applied only against charges for the shipment giving rise to the credit.

1. When the service failure is caused by events beyond the control of FedEx Ground, including those described under the Liabilities Not Assumed section, or when the shipper fails to prepare shipment and shipment information properly; or
2. When packages are tendered for transportation during the 14 calendar days before Christmas; or
3. When the shipment contains special instructions, such as FedEx Ground Call Tag Service, FedEx Delivery Signature Options, drop shipments, laydown shipments, and so on; or
4. When there is an unexpected large release of packages from any shipping location; or
5. When a charge for additional handling applies; see Rates in the FedEx Service Guide or FedEx Retail Counter Rates Book for details; or
6. When a charge for address correction applies; see Rates in the FedEx Service Guide or FedEx Retail Counter Rates Book for details.

   FedEx Ground does not honor the FedEx Money-Back Guarantee for packages that are tendered to the U.S. Postal Service or to an interline cartage agent. In addition, FedEx Ground does not honor the FedEx Money-Back Guarantee for unauthorized packages (see the Package Restrictions [Size and Weight] section).

   The guarantee will not be honored at our discretion when the request for guarantee credit is made by, or the information utilized to determine the status of the package is determined by, a third party other than the payer of the charges. The guarantee will not be honored when customs or other regulatory agency clearances are delayed due to errors or omissions in international documentation or agency inquiries. Additional exclusions and limitations on the acceptance of money-back guarantee requests apply.

   The conditions and situations described in Sections I and II above summarize in general the principal terms, conditions and exceptions to the FedEx Ground Money-Back Guarantee. The shipper is directed to fedex.com for any current changes in the above terms, conditions and exceptions.

1. Proper Package Labeling:
   1. The shipper has properly labeled the package in accordance with the FedEx Service Guide, including, without limitation, affixing the correct recipient name, deliverable address (number, street, city, state and a five-digit ZIP) and has correctly placed the customer-specific FedEx Home Delivery bar-code label on the package; and
   2. The shipper has printed the letter "H" (Home) on the address labelin accordance with the FedEx Home Delivery label specifications.
2. Proper Data Transmission. The shipper has timely and accurately transmitted all electronic package-level data required.
3. Proper Pickup. The package has been picked up by a FedEx Ground driver at the payer's location, at a FedEx Kinko's Office and Print Center, at a FedEx World Service Center, or at a FedEx Authorized ShipCenter prior to that location's regular scheduled pickup time and the required electronic manifest has been transmitted in a timely manner.
4. Proper Service Level. The package was not designated as FedEx Appointment Home Delivery or FedEx Date Certain Home Delivery.
5. Proper Receipt. The recipient was available to receive, and did not refuse, the package.
6. Proper Notification:
   1. Requests for an invoice adjustment due to a service failure must be submitted via the invoice adjustment feature on fedex.com, our telephone invoice adjustment system at 1.800.622.1147, or, if you are a registered user, our Internet application FedEx Billing Online at fedex.com.
   2. All requests for invoice adjustment must be received via one of the approved channels within 15 calendar days of the invoice date or within 15 calendar days from the ship date if you are paying by credit card or in advance by cash, check or money order.
7. A credit or refund under the FedEx Home Delivery Money-Back Guarantee will be applied only against charges for the shipment giving rise to the credit.

1. When the service failure is caused by events beyond the control of FedEx Ground, including those described under the Liabilities Not Assumed section, or when the shipper fails to prepare shipment and shipment information properly; or
2. When packages are tendered for transportation during the 14 calendar days before Christmas; or
3. When there is a large release of packages from any shipping location; or
4. When a charge for additional handling applies; see Rates in the FedEx Service Guide for details; or
5. When a charge for address correction applies; see Rates in the FedEx Service Guide or FedEx Retail Counter Rates Book for details.
   
   FedEx Ground reserves the right, at its sole discretion, to refuse to honor a moneyback guarantee when the request for guarantee credit is made by, or the information utilized to determine the status of the package is determined by, a third party other than the payer of the charges. In addition, FedEx Ground does not honor the FedEx Home Delivery Money-Back Guarantee for unauthorized packages (see the Package Restrictions [Size and Weight] section). Additional exclusions may apply.
   
   The conditions and situations described in Section I and II above summarize in general the principal terms, conditions and exceptions to the FedEx Home Delivery Money-Back Guarantee. See fedex.com for any current changes in the above terms, conditions and exceptions.

• FedEx Appointment Home Delivery and FedEx Date Certain Home Delivery
• FedEx Appointment Home Delivery and FedEx Evening Home Delivery
• FedEx Appointment Home Delivery and Indirect Signature Required
• FedEx Date Certain Home Delivery and FedEx Evening Home Delivery

• The same shipper number
• The same origin location
• The same ship date
• The same recipient address
• The same premium service selected

The Premium Services Money-Back Guarantee does not apply when there is a failure or delay of service due to causes beyond the control of FedEx Ground, including those described under the Liabilities Not Assumed section, or when the shipper fails to prepare shipment and shipment information properly.

The conditions and situations described in Section I and II above summarize in general the principal terms, conditions and exceptions to the Premium Services Guarantee. See fedex.com for any current changes in the above terms, conditions and exceptions.

Section III.

The Premium Services Money-Back Guarantees are:

FedEx Date Certain Home Delivery Money-Back Guarantee. FedEx Date Certain Home Delivery ensures that the package or shipment will be delivered on the valid date requested. The package may be driver-released at the address on the requested date unless a signature has been specifically requested via the appropriate bar code. The shipper- selected date for delivery must be within FedEx Home Delivery service delivery standards, and to be valid:

• Cannot be a Sunday, a Monday or a FedEx holiday
• Must be between six and 14 days from shipment date

The shipper must include the requested delivery date in the electronic data transmission. If the delivery date requested is invalid or a signature is required and there is no one available to sign for the addressee, the Premium Services Guarantee will not apply. If the package cannot be delivered on the selected date, FedEx Home Delivery will contact the recipient to arrange another date for delivery. The Premium Service charge for FedEx Date Certain Home Delivery applies on a per-shipment basis.

FedEx Evening Home Delivery Money-Back Guarantee. FedEx Evening Home Delivery ensures that the package or shipment will be delivered between 5 and 8 p.m. It is recommended that the shipper include the recipient phone number in the electronic data transmission. A signature is not required for this service, unless one has been specifically requested via the appropriate bar code. The driver may driver-release the package at the location anytime between 5 and 8 p.m. If a signature is required, three delivery attempts will be made, all of them in the evening. The Premium Service charge for FedEx Evening Home Delivery applies on a per-shipment basis.

FedEx Appointment Home Delivery Money-Back Guarantee. FedEx Appointment Home Delivery ensures that the package or shipment will be delivered within one hour of the time and date requested by the recipient. When the shipment arrives at the destination delivery terminal, FedEx Home Delivery will contact the recipient in order to schedule the delivery appointment time and date. This service includes a signature from someone at the residence. The telephone number for the recipient must be included in the electronic transmission, and someone must be available at the address to sign for the package, in order for the Premium Services Guarantee to apply. If the package cannot be delivered at the appointed time, FedEx Home Delivery will contact the recipient and reschedule the appointment. The Premium Service charge for FedEx Appointment Home Delivery applies on a per-shipment basis.

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Package Consolidators (Including FedEx Authorized ShipCenter Locations)

Consolidators are responsible for complying with all applicable requirements including, but not limited to, requirements for shipping hazardous materials and complying with customs and other legal requirements applicable to packages tendered for international transportation.

If you tender packages to a consolidator instead of to us directly, the following limitations apply:

1. Consolidators are not agents of FedEx, and we are not responsible for any errors or omissions made by them.
2. Inquiries or claims regarding shipments tendered to a consolidator must be directed to the consolidator. We cannot assist the shipper, recipient or third party in these situations, nor do we have any liability for lost, damaged or delayed shipments. The consolidator is the shipper in such cases.
3. Consolidators may submit claims for refunds or credits for shipping charges under the money-back guarantee policy. Neither the customer who tendered the package to the consolidator nor the recipient is eligible for refunds or credits under the money-back guarantee policy.
4. In order for a consolidator to receive packaging from FedEx, the consolidator must first enter into a Packaging and Pricing Agreement or a FedEx Authorized ShipCenter Agreement with FedEx.
5. Consolidators set their own rates for shipping. They may charge FedEx Retail Counter Rates for FedEx shipping services.
6. Inquiries regarding shipments paid for at a FedEx Authorized ShipCenter must be directed to the FASC.
7. FedEx Ground assumes no liability, other than to the FASC, for lost, damaged or delayed shipments paid for at an FASC, as the FASC is the shipper of these packages. The FASC's bar code must appear as the shipper's bar code for all shipments paid for at an FASC. FASCs are independently owned and operated businesses. See the FASC representative for information regarding rates and services and the terms and conditions of carriage. FASCs are not agents of FedEx.

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Package Restrictions (Size and Weight)

1. FedEx Ground will accept for transport packages that weigh up to the maximum package weight published in the FedEx Service Guide in effect at the time of shipment and that measure up to 165 inches in combined length and girth. FedEx reserves the right to assess additional handling, oversize package and unauthorized package surcharges on any package whose dimensions are altered during transit, causing it to meet the parameters for these charges.
   
   MEASUREMENT OF LENGTH AND GIRTH:
   1. Regular-Shaped Packages: The length and girth of a package is length plus (two times the height) plus (two times the width). If the dimension includes a fraction, a fraction of one-half or greater will be rounded up to the next whole number; less than one-half will be rounded down to the next whole number.
   2. Irregular-Shaped Packages and Regular-Shaped Articles With Hollow or Open Spaces: To measure combined length and girth, assume the package or article to be enclosed in a six-sided, rectangular container, and then determine the combined length and girth as for regular-shaped packages.
2. Charge for Unauthorized Packages. In addition to the other rates and charges named in this tariff, a charge of $50 per package will be assessed for the following conditions:
   • Any package measuring more than 108 inches in length.*
   • Any package measuring more than 165 inches in length and girth combined.*
   • Any package weighing more than 150 lbs.*
   
   *Note: These packages are unauthorized, may be refused or returned to the shipper and will be delivered at the option of FedEx Ground.

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Packaging and Marking

1. All packages must be prepared and packed by the sender for safe transportation with ordinary care in handling. Recipient address labels should be placed on both sides of each package with an additional label enclosed inside. Any articles susceptible to damage as a result of conditions that may be encountered in air ground transportation, such as changes in temperature, must be adequately protected by proper packaging. Each shipment must be legibly and durably marked with the name, address and ZIP code of both the shipper and recipient. The ZIP code is crucial to the efficient movement of the package through the FedEx Ground system.
   New corrugated boxes in good, rigid condition large enough to allow cushioning of contents on the top, bottom and sides should be used. Items that cannot be packed into cartons (auto tail pipes, mufflers, tires, rims, and so on) must have all sharp edges and protrusions wrapped and the address label secured by pressure-sensitive tape wrapped completely around the object. Briefcases, luggage, garment bags, aluminum cases, plastic cases, computer cartons or similar types of items whose outer finish might be damaged by adhesive labels, soiling, marking or other types of surface damage that is normal with ordinary care in handling should be placed in a protective container for shipment. Casters, wheels or rollers must be removed or packaged to prevent damage in transit.
2. Fragile Articles/Orientation. Packaging for all fragile articles (including, but not limited to, electronic and electrical devices, scientific testing equipment, fragile glass, crystal, porcelain, or china) should be preapproved by FedEx Packaging Design and Development prior to shipping.
3. Package Inspection and Testing. FedEx Ground reserves the right to request a shipper to submit a representative sampling of the packaging for inspection and testing. If the shipper fails to comply with our request to inspect and test the packaging or the sampling fails FedEx testing, FedEx Ground will not be liable for any damages due to improper packaging.
4. Preshipment Inspection and Testing for Oversize 3. At the sole discretion of FedEx Ground, FedEx Ground may require a shipper of packages classified as Oversize 3 (OS3), as defined in Rates in the FedEx Service Guide, to submit a representative sampling of the OS3 packaging for inspection and testing. If the shipper fails to comply with our request to inspect and test OS3 packaging or the sampling fails FedEx testing, FedEx Ground will not be liable for any damage to shipper's OS3 packages.
   
   For general packaging assistance, contact FedEx Packaging Design and Development at 1.800.633.7019 or download packing, sealing and labeling tips at fedex.com/us/ services/shipinfo/packaging/tips.html. For information on how to submit your packaging for testing or evaluation, please call 1.800.633.7019.

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Pharmaceuticals

You are responsible for complying with all applicable local, state and federal laws, regulations, ordinances and rules governing the shipment of pharmaceuticals. Packages containing pharmaceuticals must not have labels, markings or other written notice that a pharmaceutical is contained within. Select the Direct Signature Required Delivery Signature Option if you require FedEx to obtain a signature from someone at the delivery address, or the Adult Signature Required Delivery Signature Option if you require an adult signature for delivery. See the Delivery Signature Options section for details.

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Pickup and Delivery

1. Pickup Service:
   1. FedEx Ground may provide pickup service for a weekly pickup fee. An additional charge will apply to shippers who are invoiced for less than $60 in weekly package charges.
   2. Charges for pickup service shall apply in addition to the rates set forth in the FedEx Service Guide in effect at the time of shipment. Upon payment of the applicable pickup service charge, FedEx Ground will call at the shipper's premises once each business day, if required, to pick up packages for delivery to all points served by FedEx Ground.
   3. The shipper agrees to declare all applicable additional charges on the Pick-Up Record or the Customer Shipping Record, if applicable. FedEx Ground reserves the right to assess additional charges on those packages that the shipper does not properly rate and to re-rate packages the shipper fails to rate properly.
2. Delivery. FedEx Ground does not offer a restricted-delivery service and may deliver to someone other than the person or entity named as the recipient. FedEx Ground may release the package with no signature at a residential address if none of the FedEx Delivery Signature Options are selected. FedEx will attempt to obtain a signature for shipments to nonresidential addresses. Where a signature is required, FedEx will make up to three attempts at delivery. A notice that delivery has been attempted will be left at the recipient's address after the first and second attempts. (See the Delivery Signature Options section.)
   
   At our sole discretion, shipments having a declared value greater than US$500 may not be released without a signature even where the release is otherwise authorized.
   
   FedEx Ground may, at its sole discretion, utilize the U.S. Postal Service or an interline cartage agent for deliveries to the most remote rural areas of the U.S. Packages tendered to the U.S. Postal Service or interline cartage agents may result in additional transit days. Contact a FedEx account executive for more information.
   
   Shipments to hotels, hospitals, government offices or installations, university campuses, or other facilities that utilize a mailroom or other central receiving area will be delivered to the central receiving area, unless otherwise authorized and approved by FedEx Ground.

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Plants and Plant Materials

Shipping of plants and plant materials is discouraged by FedEx Ground. FedEx Ground assumes no liabilities if such materials are damaged in transit or if damages result from delay of shipment.

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Prohibited Items

You are prohibited from tendering the following items for shipment, and they will not be accepted:

1. Money, cash, currency, paper money and negotiable instruments equivalent to cash, such as endorsed stocks, bonds and cash letters.
2. Collectible coins and stamps.
3. All live animals. (Edible seafood, such as live lobsters, crabs or other types of fish and shellfish for human consumption, is acceptable, provided the shipper is in compliance with all local, state, and federal laws.)
4. Animal carcasses. (Animal heads and other parts for taxidermy may be accepted but must be properly packaged. This restriction does not apply to properly packaged meat or poultry products intended for human consumption.)
5. Human corpses, human body parts, human embryos, or cremated or disinterred human remains.
6. Shipments that require us to obtain a local, state or federal license for their transportation.
7. Shipments that may cause damage or delay to equipment, personnel or other shipments.
8. Lottery tickets and gambling devices where prohibited by local, state or federal law.
9. Hazardous waste, including, but not limited to, used hypodermic needles or syringes, or other medical waste.
10. Packages that are wet, leaking or emit an odor of any kind.
11. Live insects.
12. Shipments or commodities that are prohibited by applicable local, state or federal law.
13. Common fireworks.
14. Containers of liquids with a volume exceeding 8 gallons (32 liters) or 70 lbs. in weight.
15. Restriction for Service to Alaska and Hawaii. The following goods are prohibited: those of unusual value, hazardous materials, household goods, commodities in bulk, commodities requiring special equipment or handling and those commodities injurious or contaminating to other lading, nondomesticated animal products, dangerous goods, firearms, foods, furs, hazardous substances or any materials regulated by the DOT or by the International Civil Aviation Organization (ICAO), jewelry, live animals, perishables, plants, seeds, and tobacco.
16. Handguns.

Notwithstanding any other provision of the FedEx Service Guide, FedEx Ground will not be liable for delay of, loss of, or damage to a shipment of any prohibited item. The shipper agrees to indemnify FedEx Ground for any and all costs, fees and expenses FedEx Ground incurs as a result of the shipper's violation of any local, state or federal laws or regulations or from tendering any prohibited item for shipment.

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Proof of Delivery

1. Verification of Delivery. Shippers may obtain proof of package delivery, including delivery date, online at fedex.com or by calling FedEx Customer Service at 1.800.GoFedEx 1.800.463.3339. There is no additional charge for this service.
2. Shipment-Status Information. FedEx Ground may provide selected shippers a daily or weekly list generated from our shipment-status information. This list is provided so that shippers will have a quick, abbreviated record of packages shipped and received. Shipment-status files contain preliminary and incomplete delivery data. It is not intended or permitted to be used to file claims or to determine whether any individual shipment fails to meet FedEx Ground service commitments.
3. Automatic Proof of Delivery. With this option, FedEx Ground will send the shipper a signature obtained at time of delivery for those packages designated as Indirect Signature Required, Direct Signature Required or Adult Signature Required. Enrollment is required prior to participation in the Automatic Proof of Delivery program. If authorized by FedEx Ground to participate in this program, FedEx Ground will provide the shipper with their choice of letter of proofs of delivery, manifest proofs of delivery, or both, via any of the following media: fax, U.S. Postal Service, FTP (file transfer protocol) or CD-ROM. Contact a FedEx account executive for details.
4. P.O.D. Advantage. FedEx Ground may provide enrolled shippers weekly or monthly reports of delivery information. This data is provided so shippers will have easy accessibility to delivery information. P.O.D. Advantage reports contain preliminary and incomplete delivery data. It is not intended or permitted to be used to file claims or to determine whether any individual shipment fails to meet our service commitments. FedEx Ground will not be liable for its inability to provide P.O.D. information. An additional charge will be assessed.

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Rate Quotations

Rates and service quotations by FedEx Ground employees and agents are estimates and will be based upon information the shipper provides, but final rates and service may vary based upon the shipment actually tendered and the application of this tariff. Rates quoted will vary depending on whether 1) the shipper is a FedEx account holder, 2) the shipper has discounts applied to his or her account and 3) the shipment is being dropped off at a staffed FedEx location.

• Shippers will be quoted FedEx Standard List Rates if:
  • They are FedEx account holders and they do not have discounts applied to their account and they have a shipment picked up at their location or they drop off a shipment at a non-staffed FedEx drop-off location; or
  • They are non-FedEx account holders and they have a shipment picked up at their location or they drop off a shipment at a non-staffed FedEx drop-off location.
• Shippers will be quoted FedEx Retail Counter Rates if they ship at the counter in staffed FedEx locations in the U.S. and pay with cash, check, debit or credit card instead of shipping on their FedEx account.
• Shippers will be quoted Account-Specific Rates if they have a FedEx account, have discounts applied to their account and if they charge their shipping to their FedEx account.

For the most current information regarding areas served and delivery commitments, check online at fedex.com or contact FedEx Customer Service at 1.800.GoFedEx 1.800.463.3339.

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Refusal or Rejection of Shipments

FedEx Ground reserves the right to refuse to transport any package that it, at its sole discretion, determines to be dangerous, hazardous or likely to soil, taint or otherwise damage other shippers' property or FedEx Ground equipment, personnel or contractors, or is improperly or insecurely packaged or wrapped, or is economically or operationally impracticable to transport. Packages must be packaged and wrapped so as to pass the procedures described in the Packaging and Marking section covering testing of the packaged products weighing under 150 lbs. (68 kg).

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Return Options

1. FedEx Ground Return Options. FedEx Ground return options include FedEx Ground Package Returns Program (PRP), FedEx Ground Call Tag, FedEx Print Return Label and FedEx E-Mail Return Label. The FedEx Ground return options are subject to all other terms and conditions provided in the FedEx Ground claims regulations, and as a whole, the tariff. The contents of a return shipment are subject to the same restrictions and prohibited-item limitations as the original shipment.
2. FedEx Ground Call Tag and Electronically Transmitted Call Tag Service:
   1. Shippers may request the recall of packages previously delivered either by:
      1. Preparing a Call Tag Pickup List provided by FedEx Ground, or
      2. Calling Customer Service at 1.800.GoFedEx 1.800.463.3339 and giving the locations of any packages to be recalled, or
      3. Via electronic data transmission using the transmission means and data format specified by FedEx Ground.
   2. The additional charge for FedEx Ground Call Tag or Electronically Transmitted Call Tag service is in addition to applicable transportation charges.
   3. Service is unavailable for FedEx International Ground shipments to Canada and Puerto Rico.
   4. FedEx Ground Call Tag and Electronically Transmitted Call Tag service are available for U.S. domestic shipments, including shipments to, from and within Hawaii and Alaska.
   5. FedEx Ground Call Tag and Electronically Transmitted Call Tag packages are not eligible for incentives of any kind.
3. Written authorization from FedEx Ground is required to participate in the Package Returns Program (PRP). The maximum liability assumed by FedEx Ground for packages returned through PRP, FedEx Print Return Label or FedEx E-Mail Return Label shall be $100. The shipper may declare a value up to $25,000 for packages returned through the FedEx Ground Call Tag. The declared value of the FedEx Ground Call Tag may not exceed the value of the declared value on the original shipment. The shipper may not declare a value for a package returned to FedEx Ground through a damage call tag. FedEx Ground shall not be liable for any damage to a shipment or claim arising out of the use of a return option unless the package was lost during shipment or there was visible damage noted by the driver at time of delivery. FedEx Ground shall not be liable for any concealed damage for items returned by using PRP, FedEx Print Return Label, FedEx E-Mail Return Label or FedEx Ground Call Tag. Receipt of a shipment without written notice of damage on the delivery record is prima facieevidence that the shipment was delivered in good condition. The FedEx Ground liability for any loss or damage arising out of an authorized return shipment shall never exceed the actual amount of damage or the declared amount, whichever is lower. All other terms and conditions related to FedEx Ground claims regulations and, as a whole, the tariff, shall apply for packages shipped through the use of a FedEx Ground return option.

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Tobacco Products

Tobacco products will be accepted only when shipped from a licensed dealer or distributor to another licensed dealer or distributor. The shipper is solely responsible for compliance with any applicable regulations, which may vary from state to state.

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Undeliverable Shipments

An undeliverable shipment is one that cannot be delivered for reasons that include, but are not limited to, any of the following:

• The recipient refuses to pay for a bill-recipient shipment.
• The recipient refuses to accept the shipment.
• The recipient's delivery address cannot be located.
• The shipment was addressed to an area not served by FedEx.
• The shipment's contents or packaging are damaged to the point that rewrapping is not possible.
• The shipment would likely cause damage or delay to other shipments or property or injury to personnel.
• The shipment contains prohibited items.
• The recipient's place of business is closed.
• No appropriate person was available to accept the shipment at a delivery location on the initial delivery attempt or reattempts.
• The shipment was improperly packaged.

1. Undeliverable shipments may be returned via FedEx Ground service at the payor's expense. Shipments will be returned via FedEx Ground service at no additional charge if the shipment is undeliverable because of damage to the shipment caused by FedEx. However, if the shipment is undeliverable for any other reason, FedEx Ground reserves the right to assess return transportation charges and fees to the original payor, along with the original transportation charges and fees.
2. Our money-back guarantee policy does not apply to undeliverable or returned shipments.
3. If a shipment cannot be delivered or returned or if the shipper or recipient cannot be contacted, the shipment may be transferred or disposed of by FedEx at its sole discretion, with or without notice, and the shipper, if known, agrees to pay any costs incurred in the disposal.

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   Warranties

   FEDEX GROUND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES.

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   International Service Conditions

   In addition to the preceding terms and conditions, the additional terms and conditions below apply exclusively to international shipments to Canada and Puerto Rico.

   1. Billing:
      1. Invoicing. Duties, taxes and brokerage fees may be assessed on the contents of shipments destined for Canada and Puerto Rico. Duties, taxes and brokerage fees may be billed to the shipper, if the consignee does not pay them. Charges to the shipper's account in currencies other than U.S. dollars will be converted to U.S. dollars, using a weekly Wall Street Journalconversion rate corresponding to the pickup date of the shipment or, for FedEx International Ground Distribution, the date FedEx Ground takes possession of the shipment. A service fee may apply.
         Regardless of any payment instructions to the contrary, the shipper is ultimately liable for all charges and fees relating to a shipment, including, but not limited to, any duties or taxes that FedEx Ground has advanced. Shippers are responsible for accurately completing all sections of the required export documentation and for the entry of accurate shipment information in any electronic device or software program.
      2. Responsibility for Payment. The shipper is responsible for all charges, including transportation charges, duties and brokerage fees, governmental penalties and fines, taxes, and FedEx Ground attorney fees and legal costs related to this shipment. The shipper will also be responsible for any cost FedEx Ground may incur in returning shipments to the shipper or warehousing them, pending disposition.
         
   2. Customs Clearance. (FedEx Ground does not provide this service but may assist in brokerage selection.)
      1. U.S. Export Shipments. You are responsible for and warrant your compliance with all applicable laws, rules and regulations, including, but not limited to, the export laws and government regulations of any country to, from, through or over which your shipment may be carried. You agree to furnish such information and complete and attach to the shipment such documents as necessary to comply with such laws, rules and regulations.
         
         In addition, you specifically warrant that you will not tender any shipments to us if you are listed on the Denied Persons List maintained by the U.S. Department of Commerce. You also warrant that you will not attempt to ship to persons or entities listed as Specially Designated Nationals or Blocked Persons by the U.S. Treasury Department and that you will not ship items requiring a State Department license. FedEx Ground will not carry shipments that violate any U.S. export laws. We assume no liability to you or any other person for any loss or expense - including, but not limited to, fines and penalties - if you fail to comply with any export laws, rules or regulations.
         
         Shipments crossing international borders must be cleared through customs in the destination country before being delivered to the consignee.
         
         The shipper agrees to provide all required documentation for the customs clearance and certifies that all statements and information on said documentation, including documentation submitted electronically, are true and correct. The shipper authorizes FedEx Ground to forward all information of any nature regarding shipments to any and all governmental or regulatory agencies that request or require such information. The shipper understands that making false declarations or statements may result in civil and criminal penalties, including forfeiture and sale.
         
         If the shipper does not complete all documents required for carriage, or if the documents submitted are not appropriate for the services or destinations specified, the shipper hereby authorizes FedEx Ground, where permitted by law, to complete, correct or replace the documents for the shipper at the shipper's expense. However, FedEx Ground is not obligated to do so.
         
         If a substitute form of Commercial Invoice is needed to complete delivery of the shipment, and FedEx Ground completes such a document, the terms of this tariff will continue to govern.
         
         When shipments are held by customs or other agencies because of incorrect or missing documentation, FedEx Ground may attempt to notify the consignee or shipper, as determined by local law. If the consignee or shipper fails to supply the required information or documentation, the shipment may be determined to be undeliverable. FedEx Ground assumes no responsibility for the inability to complete a delivery due to incorrect or missing documentation. Shipments held by customs or other agencies because of incorrect or missing documentation will require additional transit time.
      2. U.S. Import Shipments. Shipments originating outside the U.S. for delivery in the U.S. are subject to local tariffs and the service conditions of FedEx Ground. These service conditions include terms regarding the importation and customs clearance of shipments into the U.S.
         
         U.S. Customs regulations require the Social Security Number (SSN) of an individual and the Internal Revenue Service Employer Identification Number (EIN) of the U.S. consignee for certain shipments being imported into the U.S. This information must be included on the Commercial Invoice for all U.S. import shipments. The EIN or SSN must be on file with the U.S. Customs Service. Any changes to a company address, or the EIN or SSN, should be provided to FedEx Ground for system updating. Shipments that arrive in the U.S. that do not have the correct EIN or SSN may be detained until that information can be obtained from the consignee or determined otherwise. This requirement applies to shipments imported to the U.S. requiring a formal entry.
   3. Duties and Taxes. In order to expedite customs clearance, FedEx Ground may elect to advance duties and taxes on the importer's behalf. A FedEx Ground agent or employee may contact the importer to confirm arrangements for reimbursement of amounts to be advanced. Duties and taxes may generally be billed to the shipper or consignee. U.S.-to- Puerto Rico shippers may enroll in the FedEx Ground Excise Tax program, which enables shippers, recipients and third parties to be billed for Puerto Rico excise taxes on the transportation invoice.
      
      If a consignee from whom reimbursement is requested refuses to pay assessed duties and taxes, FedEx Ground may bill the shipper. If the shipper refuses to make satisfactory arrangements for reimbursement, the shipment may be placed into a general order or customsbonded warehouse. The shipper remains liable for all amounts advanced by FedEx Ground.
   4. Inspection of Shipments. FedEx Ground, or its agents or brokers, may open and inspect any or all packages in a shipment at any time. This action may be initiated by FedEx Ground or at the request of government authorities.
   5. Postal Codes and Telephone Numbers. The consignee's postal code, telephone number and contact name are critical information and should be included on both the Commercial Invoice and address label.
   6. Prohibited Items. Subject to the terms and conditions of the FedEx Ground Tariff, FedEx Ground will not ship the following prohibited goods to Canada and Puerto Rico. This list is not all-inclusive and is subject to modification without notice. FedEx Ground reserves the right to open and inspect any package tendered for delivery. FedEx Ground will refuse and may return any shipment that is considered unsafe, unlawful, or violates the terms and conditions of the FedEx Ground Tariff.
      1. Alcoholic beverages.
      2. Ammunition of any kind.
      3. All live animals, dead animals and animals that have been mounted.
      4. Money, cash, currency, paper money and negotiable instruments equivalent to cash, such as endorsed stocks, bonds and cash letters.
      5. Collectible coins and stamps.
      6. Dangerous goods.
      7. Firearms of any kind.
      8. Explosives, fireworks, flares, matches.
      9. Furs.
      10. Hazardous materials, hazardous waste, including, but not limited to, used hypodermic needles, syringes or other medical waste (shipments to Canada classified as "Other Restricted Materials - Domestic" [ORM-D] are allowed if properly labeled).
      11. Human or animal remains, corpses, organs, embryos, body parts, or cremated or disinterred human remains.
      12. Perishables (including, but not limited to, perishable food/foodstuffs/beverages, perishable pharmaceuticals, and any other items requiring refrigeration or other environmental controls).
      13. Plants, plant materials, seeds, including cut flowers.
      14. Pornographic materials.
      15. Tobacco, cigarettes, tobacco products.
      16. Unaccompanied baggage.
      17. Lottery tickets and gambling devices where prohibited by national, provincial, state or local law.
      18. Shipments being processed under:
          1. Duty drawback claims unless advance arrangements are made
          2. Temporary Import Bonds
          3. U.S. State Department licenses
          4. Carnets
          5. U.S. Drug Enforcement Administration export permit
          6. Letters of credit
          7. Certificate of Registration
          8. Shipments moving into or out of United States Foreign Trade Zones or bonded warehouses.
      19. Shipments that may cause damage to, or delay of, equipment, personnel or other shipments.
      20. Shipments that require FedEx Ground to obtain any special license or permit for transportation, importation or exportation.
      21. Shipments whose carriage, importation or exportation is prohibited by any law, statute or regulation.
      22. Packages that are wet, leaking or emit an odor of any kind.
      23. Improperly packaged shipments.
      24. For shipments to Puerto Rico, any commodity that requires an export license or permit or other prior written authorization from the U.S. government under the U.S. export control laws, any package moving under an A.T.A. carnet.
      25. For shipments to Canada, any commodity that requires a Shipper's Export Declaration (SED).
   7. Rural Surcharges. Canada packages destined to the Yukon, Northwest Territories and Labrador are restricted to a maximum 70-lb. weight limit and will incur an additional charge. The additional charge is in addition to applicable transportation charges. FedEx Ground will not accept shipments addressed to Puerto Rican highway contract route addresses or P.O. boxes.
   8. Shipper Warranty. The shipper warrants that each article in each shipment will possess the required paperwork to export, will be properly described on the Commercial Invoice, will be acceptable for transport by FedEx Ground, and will be properly marked, addressed and packaged to ensure safe transportation with ordinary care in handling.
   9. Undeliverable Shipments. The shipper may elect to have a shipment returned if the shipment is refused by the consignee or for any other reason cannot be delivered. If a shipment is returned to the shipper, the shipper is responsible for payment of both the original transportation charges and the return charges. All duties and taxes, assessed in the destination country as well as the origin country upon return, are also the responsibility of the shipper. All return charges are payable immediately upon request.
      
      A shipper may elect to "abandon" the shipment in the destination country. If a shipment is abandoned, FedEx Ground, at its discretion, reserves the right to dispose of the merchandise. The shipper will be responsible for any charges associated with disposal.

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   Additional Information

   For additional information on shipping with FedEx, please consult the additional sections of the FedEx Service Guide or FedEx Retail Counter Rates Book: Services and Rates and the FedEx Express Terms and Conditions. You can also call us at 1.800.GoFedEx 1.800.463.3339.

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