Article 1: General 1.1 The “Shipper’s export declaration form” also known as shipping form is non-negotiable and the Sender acknowledge that it has been prepared by the Sender, or by NJJR Express on behalf of the Sender. The Sender warrants that it is the owner of the goods transported hereunder, or it is the authorized agent of the owner of the goods and that they hereby accept the terms and conditions from NJJR Express for itself and as agent for and on behalf of any other person having interest in the shipment. 1.2 These terms and conditions apply to all "Balikbayan box services" NJJR Express offers, and all legal relationships between NJJR Express and the sender. 1.3 The shipping form is completed in English, and fully consistent with the truth. NJJR Express reserves the right to make routine spot checks to ensure the contents of the box. 1.4 The sender is aware that NJJR Express cannot be held responsible for goods shipped for which import or export prohibitions or restrictions apply. 1.5 NJJR Express reserves the right, but not the obligation, to inspect any shipments without limitation, opening the boxes NJJR Express deems misdescribed or mis declared. 1.6 Any expenses incurred by NJJR Express on behalf of Sender including but not limited to taxes, interest, penalties, fines, surcharges, duties, etc. arising from non-declaration or misdeclaration shall be reimbursed or refunded by the Sender or Consignee upon submission by NJJR Express of proper proof or evidence of payment until said refund or reimbursement is fully satisfied. 1.7 NJJR Express shall have lien on any goods shipped for all freight charges, customs duties, advances or other charges of any kind arising out of the transportation hereunder and may refuse to surrender the possession of the goods until such charges are paid. 1.8 All legal matters with NJJR Express are handled under US law.
Article 2: Shipping conditions 2.1 Boxes will be accepted for transport if the box is provided by NJJR Express, unless otherwise agreed. 2.2 Boxes that deviate from the outside dimensions of box provided are excluded from insurance and can be deferred for shipment and will be charged at the amount of $15, - calculated for the costs incurred. 2.3 Boxes ready for pick up, have to be placed at a convenient spot, i.e. at the ground floor in case of more floors or elevator floor, clearly marked with the name, address and phone from the sender and receiver. 2.4 All boxes collected by NJJR Express have no weight limitations regarding shipment, although NJJR Express maximizes the weight for liability and insurance; the small box 80 lbs, the medium box 110 lbs, and the large box 130 lbs. Boxes heavier than mentioned weight are excluded from insurance, might be refused or additionally charged by $1.00 per lbs. on top of the maximum weight which applies the insurance.
Article 3: Prices 3.1 The transport rates are determined according to the quotation. 3.2 All general delivery costs except import duties, taxes and shipping surcharges are included in the shipping fees as stated by the NJJR Express agent. 3.3 In case the sender ship goods for which import duties or taxes are due, the sender will be charged for an additional amount. Please call our office for the latest import fees. 3.4 The customer will settle with NJJR Express the shipping fee in advance by bank/credit card payment or on site with NJJR Express accredited agent. The agent will then issue a receipt as proof of payment. This receipt should be well kept as proof of shipment. Without this receipt, claims of treatment will not be taken. 3.5 If the payment is made by bank transfer, the money has to be received at the account of NJJR Express before the box pickup. Orders not paid at the time of loading, will be excluded from shipment until payment is received.
Article 4: Obligations of NJJR Express 4.1 NJJR Express will provide services with care and attention. All services provided to the customer are based on best effort. 4.2 NJJR Express will collect the boxes and deliver them to the address written at the “shipping form”, except in circumstances such as strikes, acts of God, riots, armed conflicts and other threatening situations when delivery at the listed address is not possible. 4.3 NJJR Express guarantees that all personal data provided to NJJR Express in connection with this shipment will not be given to third parties in order to ensure the senders privacy. 4.4 NJJR Express strives at least a few days before collecting to indicate on which day the boxes will be collected. 4.5 NJJR Express ensures that it will do utmost to deliver the boxes in good condition and at the receivers address as indicated, except in cases as mentioned in Article 4.2.
Article 5: Obligations of the Sender 5.1 The sender offers only properly packed boxes as stated in Article 2 for transport. 5.2 The sender will inform NJJR Express not later than 1 week before loading, the destination address to the email address firstname.lastname@example.org or by website pick-up request. 5.3 The sender will order the empty boxes needed for shipment in a timely manner for which a deposit is charged as mentioned in 2.1. Notification of the payment is made at the shipping form. 5.4 If the sender decide not to ship the boxes delivered by NJJR Express, NJJR Express has the right to charge the follow costs: Costs €10 per box if not paid already (a proof of payment should be provided by the customer), delivery costs for the box based at the kilometers from the warehouse to the customers address, administration fee and VAT/BTW on top of all. Services outside the European Union are free of VAT/BTW. In case a customer does not use our services, we have to charge them the VAT/BTW. If boxes are not shipped within 6 month the boxes can be classified as not shipped. 5.5 In case of complaints or claims, the sender is obliged to contact NJJR Express within 7 days after receipt of the box in the Philippines. Complaints after this time will not be covered. 5.5 The sender and/or third party must be present on the day agreed to hand over the box. In case of a cancellation within the last week prior to the shipment, costs will be charged for the expenses made for reservation. 5.6 The Sender hereby acknowledges that NJJR Express may abandon and/or release any item consigned by the Sender to NJJR Express which NJJR Express has declared to be unacceptable or which the Sender has undervalued for Custom’s purposes or misdescribed here on whether intentionally or otherwise and hold NJJR Express harmless from all claims, damages, fines and expenses arising there from. The Sender is liable for all costs and expenses related to the shipment and for costs incurred in either returning the shipment to the Sender or warehousing the shipment pending disposition. 5.7 The sender is responsible for a timely pickup notification to NJJR Express. If more boxes are provided than can be loaded, NJJR Express can decide without notification to transfer boxes from any customer to another shipment. 5.8 Unless the nature of the Contract dictates different, the Client is responsible for the accuracy, completeness and reliability of the by NJJR Express requested data and documents, even if they originate from third parties.
Article 6: Damage claims 6.1 NJJR Express’s liability is always limited to the amount of US$ 200.00 per box. 6.2 NJJR Express is only liable for direct damages. Direct damages means losses of the box or losses from inside the box. 6.3 Claims should be submitted in writing. 6.4 Computing equipment, breakable goods, money and jewelleries and other goods as stated in article 7 are not eligible for compensation. Shipping of these goods is for own risk. 6.5 For all goods the original proof of purchase must be shown. For any damage claim or losses an estimated current market value will be paid with a total maximum of US$ 200,00 per box. 6.6 Only products listed on the packing list will be compensated with a total maximum of US$ 200,00 per box. 6.7 Import customs formalities and costs claimed, or incorrectly declared goods are for the account of the sender. 6.8 When claims are paid, NJJR Express will not reimburse the costs of shipment, pick-up, duties and delivery charges. 6.9 Damage claims are only eligible for compensation if the box is provided by NJJR Express and packed as stated in paragraph 2.1 and 2.2, as well the weight of the box complies paragraph 2.4. Boxes that do not complies to these regulations are excluded for any kind of compensation. 6.10 Damage claims are not eligible for compensation if; in circumstances such as strikes, acts of God, riots, armed conflicts and other threatening situations when delivery at the listed receiver's address is not possible and/or the box provided to NJJR Express doesn’t comply par. 2.1 and par 2.2 and par. 2.4.
Article 7: Material not accepted for transport 7.1 Prohibited for shipment are; Firearms, Ammunitions, Explosives, Precious Metals, Precious Stones, Drugs and perishables; Negotiable instruments in bearer form, Lewd, obscene or pornographic materials; Industrial carbons and diamonds; Combustible materials; Property the carriage of which is prohibited by law, no or through which the shipment be may carried; any material which may be considered “hazardous” material and dangerous goods, will not be shipped by NJJR Express. 7.2 Prohibited for shipment under the definitions of the Philippine Bureau of Customs are commercial goods or goods that have to be taxed with import tax like goods in commercial quantities, gasoline motors, motorcycles or motorcycle/car-parts known as chop-chop motorcycles/cars.