Terms and Conditions
TERMS AND CONDITIONS
This agreement is between the owner of the mailbox (herein called “the Company”) and the subscriber to the service (herein called “the Lessee”).
The Company will provide a postal address in the United States of America (herein called “the USA”) to the Lessee for his / her exclusive use for the purpose of receiving packages from the USA and Canada.
The Lessee shall not instruct, inform, advise or permit any third party to utilize the address provided without the prior express written consent of the Company.
Packages may be inspected by the Company in order to ensure compliance with USA export requirements.
The Lessee will be responsible for all charges on his / her account.
The Company will not be responsible for loss of merchandise due to Customs confiscation.
The Lessee is responsible for all charges levied by Customs.
The Lessee will pay the freight charges levied by American Airlines (herein called “the airline”) for the transport of his / her packages from Miami to the Cayman Islands.
WEIGHT OF PACKAGES:
The freight charge per package will be based on the greater of the dimensional weight or actual weight of the package as determined by the airline.
CALCULATION OF DIMENSIONAL WEIGHT:
Dimensional Weight shall be determined by multiplying the three (3) dimensions of the package – L x W x H (L – length in inches, W – width in inches, H – height in inches) and dividing the product by 166.
All calculations shall be rounded up to the next higher whole pound.
The Lessee shall not use or permit the shipping address to be used for the purposes of sending, delivering or storing items of high value including but not limited to cash, negotiable securities, jewelry and furs.
The Lessee agrees to use the service only for lawful purposes and to abide by all applicable laws and regulations in effect in the Cayman Islands and the USA at the time of shipment and is aware that sending or receiving illegal material or controlled substances, including but not limited to illegal drugs, explosives or dangerous material is forbidden.
All fines or penalties incurred on behalf of the Lessee shall be the responsibility of the Lessee.
HAZARDOUS MATERIAL OR DANGEROUS GOODS
Any packages which are considered by the airlines to contain either “hazardous material” or “dangerous goods” will not be transported unless the Lessee makes a request to the Company in writing. The charges associated with such a shipment will be higher than those for the shipment of other packages due to the costs associated with the shipping and the paperwork for hazardous materials or dangerous goods.
LIMITATION OF CLAIMS
The Company will identify packages that are opened or in a damaged condition upon arrival at the USA address and may not accept the packages from the shipper or shall make a notation that the shipment was opened or received in damaged condition.
No claims will be accepted by the Company with respect to these items and the Company will have no liability or responsibility for them.
LIMITATIONS OF LIABILITIES
In consideration of the air freight charges for the shipment of packages by the Company, it is agreed that the Company will have no liability of any kind to the Lessee.
Insurance coverage is available upon request for an additional fee. All requests must be made to the Company in writing and paid for in advance of shipment.
LIABILITIES NOT ASSUMED
The Company shall not be liable for delays in delivery, damage of any kind, whether direct, indirect, incidental, special or consequential, including but not limited to loss of income or damage arising from the inherent nature of the goods, whether or not the Company had knowledge that such damage might be incurred and even if the delay or damage is proved to be the fault of the Company in retrieving the packages, transporting the packages or delivering the packages. The Company will not be liable for the acts, omissions or violations of this agreement by the Lessee, including but not limited to the incorrect declaration of contents, improper or insufficient packaging or marking or addressing of the packages, or for acts or omissions by the shipper or anyone else with an interest in the packages.
The Company will not be liable for loss, damage, or delay caused by any events beyond the control of the Company, including but not limited to acts of God, “force majeure” or the act or omission of any governmental or public authority including but not limited to Customs or health department officials.
The Company makes no warranties, expressed, or implied.
RIGHT TO INSPECT
The packages may, at The Company’s option or at the request of governmental authorities, be opened and inspected by it or such authorities at any time.
RESPONSIBILITY FOR PAYMENT
Full payment of the costs incurred in delivering the package to the Cayman Islands shall be required upon delivery of the package to the Lessee. The Lessee shall be responsible for all charges including but not limited to transportation charges, all duties, warehouse fees and package taxes, governmental penalties and fines, taxes, brokerage fees, and reasonable attorney fees and legal costs and disbursements related to the package in the case of default in payment. The Lessee shall be responsible for all the charges associated with all packages it receives, even if the packages received were unsolicited, were received opened or in a damaged condition, or the contents fail to correspond to the items ordered. The Lessee will be responsible for any costs the Company may incurr in returning packages. The Company is not obliged to advance any customs, government, or carrier’s fees or assessments, penalties, fines, or any other clearance fees and may at its sole discretion request certified funds or cash from the Lessee before submitting an entry for clearance to Customs. The Company shall have the right to suspend service should the Lessee’s account not be in good standing, until any amount due is paid in full. In the event that payment is not made prior to or upon delivery, the outstanding balance shall bear an additional service and handling charge at the rate of 1.5% per month and the Company may turn the balance over to an attorney for collection. There shall then be added to the balance due, as and for attorney fees, the actual reasonable fee to be paid to the attorney for his services.
By 30 day’s Notice in writing, either party may terminate this agreement at any time. Upon termination of this agreement, the Company may return all packages then in its possession to the shipper or forward them to the Lessee.
This agreement shall be binding upon the parties, their heirs, successors, assigns and personal representatives.
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