“We”, “our” and “us” refer to Tagalog Balikbayan Services, subsidiaries, employees, agents and independent contractors.
“You” and “your” refer to the shipper, its employees and duly authorised agents.
“Package” and “shipment” means any box, case, container or envelope that is accepted by us for delivery, including any such items tendered by you using our systems, Manifests, Transit Notes, or Air Waybills.
AGREEMENT TO TERMS
By giving us your shipment you agree, regardless of whether you sign the front of the Transit Notes, or Air Waybills for yourself and/or as agent for and on behalf of any other person having an interest in the shipment, to all our terms and conditions. No one is authorised to alter these terms and conditions. Transit Notes, and/or Air Waybills are non-negotiable.
You warrant that each article in the shipment is properly described on the Transit Note, and/or Air Waybill and is acceptable for transport by us, and that the shipment is properly marked, addressed (including Postal/Zip codes) and packed in such a way as to enable safe transportation. All goods within should be packed in such packaging as will protect from shock and/or pressure. Any misshapen packages due to over packed/stuffed or extended boxes will be the sole responsibility of the shipper for any damage to the goods there in. You are responsible for all charges, including transportation costs, and all duties, customs fees and duties, government penalties and/or fines, taxes and our solicitors fees and legal costs/expenses relating to the shipment.
We make no warranties implied or otherwise.
Shipments of non-acceptable items include, but are not limited to pornographic material howsoever stored, prohibited narcotics (except where sanctioned for legal purposes and carrying the necessary and relevant import/export licences), explosives, ammunitions and firearms without the necessary and relevant import/export licences, contraband goods of any kind, material considered seditious by the authorities of the country of concern, seeds and plants except where sanctioned by the agriculture department of the recipient country. Where any non-acceptable items are discovered to have been accepted by mistake or omission to declare the shipment will be held in the country of origin, or if in the recipient country declared to the authorities for disposition.
Glass, televisions, computer monitors, crystal and ceramics are not covered. No cover is available for materials; information or data stored on film, tapes or discs or hard drives that may be affected by radiation or magnetic interference. No cover is available for cash (coins or notes), negotiable instruments such as endorsed bonds or stocks. No liability is accepted for such items accepted by us, whether shipped by mistake or misdeclared error. Jewels, precious metals, stones, bullion, antiques and works of art are not covered for transportation. If you send more than one package in a shipment, the declared value of each package will be arrived at by dividing the number of packages in the shipment. In any event, we will not be liable for any damages or loss whether direct, incidental or consequential in excess of the declared value. We will not be liable for your acts or omissions including incorrect declaration of cargo, improper cargo, insufficient packaging, securing or marking, or addressing or for acts and omissions of the recipient or the shipper. We will not be liable for loss or damage (however so caused) to shipments of goods prohibited in the country of origin or destination. We will not be liable for acts or events outside our control. Including but not limited to war, weather conditions, mechanical delays, acts of terrorism, industrial disputes (strikes), acts and omissions of governments or customs or health officials with actual or apparent authority.
AIR CARRIAGE NOTICE CONCERNING LIMITATIONS AND LIABILITY
If the carriage of your shipment by air involves an ultimate destination or stop in a country other than that of departure, the WARSAW CONVENTION may be applicable and that treaty would govern and in most cases limit our liability for loss, delay or damage to your shipment. Unless you declare a higher value for carriage, our liability is limited to $20 (twenty United States Dollars) per kilo. If a higher declared value of cover is required, this can be arranged at a cost of 7.5% (seven and a half percent) of the declared value. The declared value of the shipment will never be such as to exceed the value declared for customs purposes. There are no stopping places agreed at the time of tender of the shipment and we reserve the right to route the shipment in any way we deem appropriate.
Shipments of Balikbayan boxes are limited to the Philippines ONLY. Whether the shipment is by sea or air will be covered up to a maximum value of $100 (one hundred United States Dollars). If a higher declared value of cover is required, this can be arranged at a cost of 7.5% (seven and a half percent) of the declared value. The declared value of the shipment will never be such as to exceed the value declared for customs purposes. There are no stopping places agreed at the time of tender of the shipment and we reserve the right to route the shipment in any way we deem appropriate.
CLAIMS FOR LOSS OR DAMAGE
Claims for loss damage must be made within 24 hours (twenty-four hours) of the receipt of the goods. This can be by telephone, fax, email or text message. To follow this the claim must the be made in writing within 7 (seven) days. The Transit Notes, and/or Air Waybills and/or delivery notes must be notated to that effect, with any damage to the package and any loss clearly marked. Marks on the Transit Notes, and/or Air Waybills and/or delivery notes such as “GOODS NOT CHECKED” will not be accepted or entertained in any way. Claims for non-delivery must be made for air shipment not later than 30 (thirty) days for air cargo and 80 (eighty) days for sea cargo from the date we accepted the shipment. The right to damages shall be extinguished unless action is brought within 2 (two) years of our acceptance of the goods for delivery. No claims will be entertained unless all transportation costs have been paid in full. We are not obligated to pay any claims until all such costs have been met. The claim amount may not be deducted from the transportation costs. We reserve the right to inspect the goods and all associated packaging Transit Notes, and/or Air Waybills and/or delivery notes and labels during the investigation of any claim. If the recipient signs for the shipment without any notation it will be assumed no damage and no loss, and no liability will apply to us.
RIGHT TO INSPECT
Consignments may at our discretion, or that of governmental authorities be opened, and inspected.
RESPONSIBILITY FOR PAYMENT
Even if you give us different instructions, you will always be primarily responsible for all charges, including possible surcharges and costs, customs duties, assessments, our fees and pre-payment of fees and governmental fees relating to the same governmental penalties, any legal costs including our solicitors fees. You will also be responsible for costs incurred in returning the shipment including warehouse costs pending disposition of it. We also reserve the right to hold lien over the shipment in the event of refusal to pay costs, penalties and duties where requested.
All invoices are due in 14 (fourteen) days net of invoice date, All duties, penalties and fines are payable immediately.
By giving us your shipment, you agree to appoint us as your agent solely for the performance of customs clearance and certify us as the consignee for the purpose of designating a customs broker to perform customs clearance unless you specify in writing designating your own customs broker. In some instances, local authorities may require documentation confirming our appointment, it will be your responsibility to provide such documentation. You are responsible for and warrant your compliance with all appropriate laws. Rules and regulations regarding import/export, customs laws, re-export laws and government regulations for each country from, to ,through or over which your shipment may be carried. We assume no responsibility for any loss or expense in regard to ant failure on your part in respect of non-compliance with such laws and regulations.
You authorise us to act as forwarding agent for you for export/import control, and customs purposes, and understand that breaches of laws in respect of consignments and making of false and fraudulent statements will render you liable to civil and criminal penalties and forfeiture and sale of the consignment.
Any disputes will be governed by English Law and will be resolved in English Courts.
These terms and conditions are available only in the English language.
Copies may be printed off without reference to us.
Any translations made are not authorised by us.