The Sender/Consignor (“Sender”) hereby ships goods or packages and engages NJJR Express under the following terms and conditions (“Terms”).

 

1. Scope of Services. Unless any special services are agreed, the service to be provided by NJJR Express is limited to the collection, transportation and delivery of the goods packaged in individual boxes (Hereinafter referred to as “Balikbayan Boxes” or “shipments”). The Sender/Consignor acknowledges that shipments will be consolidated with those of other senders for transport.

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2. Sender/Consignor’s Declarations & Attestations:

2.1. Sender declares that Sender is the owner of the items contained in the “Balikbayan Boxes” and takes full responsibility of ownership of them.

2.2 Sender agrees that the weight of the box does not exceed 150lbs. The assigned agent may weigh the box upon pick-up and that he/she is authorized to deny service if box weighs more than the allowable weight.

2.3. Sender is the one who personally packed and sealed items inside the Balikbayan Boxes, and fully certifies that the actual contents of the boxes are the same as the goods listed in the Packing Lists. Sender certifies all items inside the Balikbayan boxes are not illegal, restricted, contraband and prohibited such as, but not limited to, guns, ammunitions, grenades, night vision scope, gun parts, military equipment including weapon slings, holster any weapon parts and other electronic military gadgets.

2.4. Should contraband, illegal, and restricted items be found in Sender’s boxes, Dept. of Homeland Security will seize these contrabands in accordance with United States Code Title 19, 1594 and Title 22, 401. Violators will be fined and/or prosecuted accordingly. NJJR Express also reserves the right to fully sue Sender. The Sender will be responsible for paying the total cost of inspection and damages that will be incurred during examination and the cost of legal proceedings and delays.

2.5. Sender declares that he/she carefully read, understood, and agreed to the above terms by signing the invoice and by affixing his/her initials on the said provisions OR checking the “I agree to the terms of carriage” checkbox found in the Website’s Scheduling Box Pick-up form.

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3. Conditions of Carriage

3.1 Service Restrictions and Conditions

a. The packages must not contain any illegal, restricted, contraband, car spare parts (known as “Chop- chop”) or otherwise prohibited items by and in the countries of origin and destination of cargo. The packages must not contain water, petrol products and other liquid products that may damage consolidated Balikbayan Boxes of other Senders.

b. The packages must not contain any of the following: Goods more than 24 pieces of each kind within the Balikbayan Boxes and/or has value exceeding $500 or any goods violating Philippine law CMO 79-90. Firearms, ammunitions and explosives, including spare parts thereof, prohibited drugs including but not limited to marijuana, cocaine, barbiturates, heroin, etc. and prescription drugs (prescription attached); absinthe (alcohol) alcoholic beverages, automobiles, dismantled auto parts; biological; ceramic tableware; cultural artifacts and pottery; defense article or items with military or proliferation applications; dog and cat fur; drug paraphernalia, fish and wildlife, food products such as cheese, meat, fruits and vegetables, hazardous materials, game and hunting trophies, gold; Haitian animal hide drums, meats, livestock and poultry; merchandise from embargoed countries; pets, plants and seeds; soil; textile (roll). Used clothing of commercial quantity (Ukay-ukay in bales); articles that infringe intellectual property rights of their owners, pornographic materials, fluids and perishable food items.

3.2. Refusal and Suspension of Carriage

a. If it comes to the attention of NJJR Express that any package does not meet any of the above restrictions or conditions, NJJR Express may refuse to transport the pertinent package (or any shipment of which it is a part) and, if carriage is in progress, NJJR Express may suspend carriage and hold the package or shipment.

b. NJJR Express may also suspend carriage if it cannot effect delivery at the third attempt, if the receiver refuses to accept delivery, or if it is unable to effect delivery because of an incorrect address after having used all reasonable means to find the correct address.

c. Where NJJR Express is entitled to suspend carriage of a package or shipment it is also entitled to return it to the Sender at its discretion.

d. The Sender will be responsible for the reasonable cost and expenses of NJJR Express (including storage) for such losses, taxes and customs, duties as NJJR Express may suffer. For claims made against NJJR Express because a package does not comply with any of the restrictions, conditions, or representations above or because of any refusal or suspension of carriage or return of a package or shipment Sender shall hold free and harmless and indemnify NJJR Express, its officers, agents and employees from any and all damages, liabilities, fines and penalties and other causes of action that may arise from such shipment. In the case of the return of package or shipment, the Sender will also be responsible for paying all applicable charges calculated in accordance with the prevailing rates of NJJR Express.

e. If the Sender tenders to NJJR Express a package which fails to comply with any of the restrictions or conditions above, NJJR Express will not assume any economic loss arising which the Sender may suffer in connection with the Carriage by NJJR Express of such package (regardless of whether that failure to comply has caused or contributed to the loss and notwithstanding any negligence on the part of NJJR Express or its employees, contractors or representative), and if NJJR Express does suspend carriage for a reason allowed by these Terms, the Sender shall not be entitled to any refund on the carriage charges it has paid and NJJR Express may bring a claim in respect of such non-compliance.

f. If having suspended carriage of a package or shipment in accordance with these provision, NJJR Express is unable within a reasonable time to obtain the Sender’s instruction on disposition of the package or shipment or to identify the Sender or any other person entitled to the goods (having if necessary opened the package), NJJR Express shall be entitled to destroy or sell the package or shipment at its absolute charges, cost or expenses (including interest) outstanding in respect of the package or shipment or otherwise from the Sender concerned. Any balance shall be held to the Senders’ order.

g. NJJR Express reserves the right, but is not obliged, to scan by means of X-ray, any package tendered to it for transportation at any time.

h. NJJR Express reserves the right to withhold delivery of boxes due to payment issues such as, but not limited to non-payment in full or in part, returned checks or declined credit cards.

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4. Limitations of Liability of NJJR Express

4.1. The Sender acknowledges and agrees that NJJR Express, its delivery partners in the Philippines, and its agents shall not be held legally responsible for any purported loss of items contained within the Sender's package once the Consignee has executed and acknowledged the delivery receipt.

4.2. The Sender acknowledges and accepts that NJJR Express, its agents, or its delivery partners in the Philippines shall assume liability only in accordance with the items enumerated in the Shipper’s signed Export Declaration Form, and that such liability shall not exceed a maximum amount of $200.00 per Balikbayan Box, subject to the provisions of Section 4.5 regarding electronic items.

4.3. The Sender acknowledges and accepts full responsibility for the packing and sealing of the boxes. In the case of highly fragile items, the Sender affirms that appropriate handling and packing measures have been undertaken and that NJJR Express shall not be liable for any damage or breakage of items contained within the Balikbayan Boxes.

4.4. In the event that NJJR Express is unable to initiate or continue the carriage of the Sender’s package due to circumstances beyond its control, NJJR Express shall not be considered in breach of its agreement with the Sender. NJJR Express shall, however, undertake all reasonably practicable steps to commence or continue the carriage under such circumstances. Examples of circumstances beyond the control of NJJR Express include, but are not limited to, acts of terrorism, strikes, natural disasters, power outages, damage or destruction of network facilities or servers, disruptions in air, sea, or ground transportation due to adverse weather conditions, fire, flood, war, hostilities, civil unrest, actions by government or other authorities (including, without limitation, customs authorities), and labor disputes affecting NJJR Express or other parties, including delays attributable to Covid-19 or other pandemics.

4.5. NJJR Express’s liability for brand new electronic items, including but not limited to flat screen TVs and monitors, is limited to the following amounts: $150 for items with screen sizes ranging from 32 to 45 inches, $250 for items with screen sizes from 50 to 60 inches, and $400 for items with screen sizes of 65 inches or larger.

4.6. The Shipper understands and accepts that payment for the carriage service of the Sender’s package is due upon the commencement of carriage, specifically at the time the package is picked up by the agent, and such payment is non-refundable once carriage has commenced.

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5. Delegation of Services. Shipments may be routed through intermediate stopping points deemed appropriate by NJJR Express. NJJR Express reserves the right to engage subcontractors as necessary to fulfill its service obligations, both on its own behalf and on behalf of its agents and subcontractors, all of whom shall benefit from the terms and conditions set forth herein.

6. Claims for Damages. Claims for damages to the contents of a package resulting from packaging damage (defined as visible tears or punctures on the exterior of the Balikbayan Box not directly attributable to the contents) must be submitted in writing within seven (7) days of receipt. Claims for partial loss or damage to any shipment must be brought within the same timeframe. Failure to initiate legal proceedings and provide written notice to NJJR Express within the specified period shall result in the barring of such claims. Please refer to Section 4 regarding the limitations of liability of NJJR Express.

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7. Entire Agreement & Severability. It is the intention of NJJR Express that all the terms of the contract between it and the Sender are contained in this document. If the Sender wishes to rely on any variation to these terms, it must ensure that that is recorded in writing and signed by the Sender and on behalf of NJJR Express before the shipment is accepted for carriage by NJJR Express. If any part of these terms is not enforceable, this will not affect the enforceability of any other part.

 

8. Governing Law. These terms shall be governed by the laws of the United States of America and the prevailing state laws. This shipment shall be subject to and governed by the Carriage of Goods by Sea Act of the United States of America; Section 4281 and 4288 of the Revised Statute of the United States, as amended, and all applicable statutes of the United States, and pursuant to Philippine Bureau of Customs Memorandum Circular No 79-90 and its subsequent amendments.

 

9. Attorney Fees. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred.

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Published: September 12, 2022

Revised: August 15, 2024

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