Power of Attorney Form for Ups

FORMAL INSTRUMENT: CUSTOMS POWER OF ATTORNEY AND EXPORT/IMPORT DESIGNATION

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STATUTORY & LEGAL COMPLIANCE NOTICE

NOTICE TO PRINCIPAL: THIS DOCUMENT CONSTITUTES A LEGALLY BINDING POWER OF ATTORNEY PURSUANT TO 19 C.F.R. PART 141, SUBPART C. THE POWERS GRANTED HEREIN ARE BROAD AND SWEEPING, CONFERRING UPON THE APPOINTED AGENT THE AUTHORITY TO BIND THE PRINCIPAL IN MATTERS BEFORE CUSTOMS AUTHORITIES, REVENUE AGENCIES, AND LOGISTICAL REGULATORS. THIS DOCUMENT MUST BE EXECUTED BY AN INDIVIDUAL WITH ACTUAL AUTHORITY TO BIND THE LEGAL ENTITY. PURSUANT TO 19 C.F.R. § 111.29(B), IF YOU ARE THE IMPORTER OF RECORD, PAYMENT TO THE BROKER DOES NOT RELIEVE THE IMPORTER OF LIABILITY FOR CUSTOMS CHARGES (DUTIES, TAXES, OR OTHER DEBTS OWED TO CUSTOMS) IN THE EVENT THE CHARGES ARE NOT PAID BY THE BROKER.

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1. PARTIES & RECITALS

1.1 THE PRINCIPAL: [Company Full Legal Name], a [Entity Type, e.g., Delaware Corporation], with its principal place of business located at [Principal Address] (hereinafter "Principal").

1.2 THE ATTORNEY-IN-FACT: United Parcel Service, Inc., its subsidiaries, affiliates, and specifically designated customs brokers (collectively "UPS"), authorized to conduct customs business and logistical operations on behalf of the Principal.

1.3 RECITALS: Principal desires to appoint UPS as its true and lawful agent and attorney-in-fact to act in Principal’s name, place, and stead for the transaction of customs business, international trade, transportation, and related logistical services as defined herein.

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2. EXHAUSTIVE OPERATIVE CLAUSES

SECTION 1: SCOPE OF APPOINTMENT & SPECIFIC POWERS

Principal hereby constitutes and appoints UPS as its agent and attorney-in-fact to: (a) Execute, sign, and file any and all declarations, certificates, bills of lading, airway bills, and other documents required by law or regulation in connection with the exportation, importation, and transportation of merchandise; (b) Receive and/or ship any merchandise on behalf of Principal; (c) Effect the clearance of goods through customs, pay duties, taxes, and fees, and represent Principal before any governmental agency; (d) Perform any act required by 19 C.F.R. Part 141, including the execution of sealed instruments and the making of entries and withdrawals; (e) Engage sub-agents or third-party brokers as necessary to fulfill the logistical requirements of the Principal.

SECTION 2: COMPENSATION & PAYMENT TERMS

(a) Fee Schedule: Principal shall pay UPS for all services rendered according to the published UPS Rate and Service Guide or any separately negotiated pricing agreement. (b) Invoicing: UPS shall issue invoices for services, duties, and taxes. Payments are due within [Number] days of invoice date. (c) Late Interest: Any amount not paid when due shall bear interest at the rate of 1.5% per month (18% per annum) or the maximum rate permitted by law, whichever is less, from the due date until paid in full. (d) Advanced Funds: Principal acknowledges that UPS may advance duties and taxes on Principal's behalf. Principal shall reimburse UPS immediately for such advances plus any applicable disbursement fees.

SECTION 3: TERM & TERMINATION

(a) Term: This Power of Attorney shall commence on the Effective Date and remain in full force and effect until revoked in writing. (b) Termination for Convenience: Either party may terminate this appointment upon thirty (30) days' prior written notice to the other party. (c) Termination for Breach: Either party may terminate this agreement immediately if the other party fails to cure a material breach within ten (10) days of receiving written notice of such breach. (d) Effect of Termination: Termination shall not affect any rights or obligations regarding shipments initiated prior to the date of termination or the Principal’s obligation to pay for services rendered.

SECTION 4: INTELLECTUAL PROPERTY & DATA

(a) Ownership: All systems, software, and proprietary methodologies used by UPS in the performance of services remain the sole property of UPS. (b) Work Product: To the extent any reports or custom documentation are created specifically for the Principal as a "work made for hire" (as defined under 17 U.S.C. § 101), such rights are hereby assigned to the Principal, provided that UPS retains a non-exclusive, royalty-free license to use such data for internal analytics and regulatory compliance.

SECTION 5: MUTUAL CONFIDENTIALITY & NON-DISCLOSURE

Each party agrees to maintain the confidentiality of the other party's proprietary information, including but not limited to pricing, shipping volumes, and trade secrets. This obligation survives the termination of this Power of Attorney for a period of three (3) years. Disclosure is permitted only when required by law, regulation, or court order, provided the disclosing party gives the other party prompt notice.

SECTION 6: REPRESENTATIONS & WARRANTIES

Principal represents and warrants that: (a) It has full legal authority to grant this Power of Attorney; (b) All information provided to UPS regarding the description, value, and classification of goods is true, complete, and accurate; (c) The goods are not prohibited by export control laws or sanctions; (d) Principal is the Importer of Record or Exporter of Record as indicated in the shipping documentation.

SECTION 7: LIMITATION OF LIABILITY & INDEMNIFICATION

(a) Limitation: UPS's liability for any claim arising out of this agreement shall be limited to the amount of fees paid by Principal for the specific shipment giving rise to the claim, or the minimum liability required by applicable treaty (e.g., Montreal Convention), whichever is lower. (b) Indemnification: Principal shall indemnify, defend, and hold UPS harmless from and against any and all claims, fines, penalties, or damages (including reasonable attorney’s fees) arising from Principal’s breach of warranty, inaccurate documentation, or violation of any import/export regulations.

SECTION 8: DISPUTE RESOLUTION & ARBITRATION

Any dispute arising out of or relating to this Power of Attorney shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The seat of arbitration shall be [City, State]. The language of the arbitration shall be English. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

SECTION 9: GOVERNING LAW

This instrument shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of law principles, and where applicable, the federal laws and regulations of the United States.

SECTION 10: MISCELLANEOUS

(a) Severability: If any provision is held invalid, the remainder of the document shall remain in force. (b) Counterparts: This document may be executed in counterparts, including via electronic signature. (c) Entire Agreement: This instrument constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior agreements.

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3. EXECUTION & FORMAL SIGNATURE BLOCKS

IN WITNESS WHEREOF, the parties have caused this Power of Attorney to be executed by their duly authorized representatives as of the Effective Date.

FOR THE PRINCIPAL: Signature: _____________________________________ Printed Name: [Authorized Signatory Name] Title: [Title / Role, e.g., CEO, CFO, VP Logistics] Company: [Company Full Legal Name] Date: [Date]

FOR THE ATTORNEY-IN-FACT (UPS): Signature: _____________________________________ Printed Name: [Authorized Signatory Name] Title: [Title / Role] Company: United Parcel Service, Inc. / [Affiliate Name] Date: [Date]

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4. STEP-BY-STEP EXECUTION & FILING GUIDE

1. Preparation of Document: Open this document in Microsoft Word or Google Docs. Replace all bracketed text (e.g., [Company Full Legal Name]) with the specific legal details of the Principal.
2. Verify Signatory Authority: Ensure the individual signing for the Principal is a corporate officer (President, Vice President, Treasurer, Secretary) or has explicit board-level authorization to grant Power of Attorney. UPS typically requires proof of authorization for LLCs and Partnerships.
3. IRS/Tax ID Inclusion: While not always on the face of the POA, ensure you have your Employer Identification Number (EIN) or Social Security Number (SSN) ready, as UPS will require this for Customs Form 5106.
4. Digital Execution:
   • Upload the finalized document to DocuSign or Adobe Sign.
   • Set the signature fields according to the blocks provided above.
   • Distribute for signature to both the Principal's authorized officer and the UPS account representative.
5. Retention & Filing:
   • Download the fully executed PDF with the Digital Audit Trail.
   • Upload a copy to the UPS "Manage My Account" or "Brokerage" portal.
   • Maintain the original for at least five (5) years from the date of the last shipment cleared under this authority, per 19 C.F.R. § 163.4.
6. Notarization (Optional but Recommended): If the Principal is an individual or if the goods are of high value/sensitive nature, have the Principal’s signature notarized to prevent jurisdictional challenges.