This agreement is between “The Customer” and Trincargo International Services Co Ltd, (herein after referred in this agreement as Trincargo/Trin-E-Box) which operates a service called “Trin-E-Box” or “TrinBox” and any of its agents or affiliates that Trincargo may elect to use from time to time in the transport and delivery of shipments.
Effective May 01, 2011, any new customer registering with Trincargo/Trin-E-Box, whether online or manually, or any pre-existing customer who sends packages that arrive in our facility in Trinidad and Tobago or Miami, USA, on or after 01 May, 2011, agrees to all of our terms and conditions without reservations.
RESPONSIBILITY OF THE CUSTOMER
- Because Trincargo/Trin-E-Box had no control over who the customer gives or causes to give, or allow to gain access to, the shipping address of the customer, the customer will be responsible for all materials received at any of our facilities, including mail, magazines and all other items, and shall pay all charges incurred thereon, whether the customer claims to have ordered the items or not.
- It is the responsibility of the customer and NOT Trincargo/Trin-E-Box, to prevent unwanted materials from being shipped to our facilities.
- Trincargo/Trin-E-Box does not provide any insurance coverage. Therefore, it is the responsibility of the customer to arrange for insurance coverage, for full/partial loss or damage of packages or part contents of packages, to cover all the risks involved in shipping and delivery of cargo, or to ship at their own and deliberate risk.
- The customer is responsible for arranging for the proper packaging of all shipments either through the shipper/supplier, or other third parties. Trincargo/Trin-E-Box will not be responsible for loss or damage or missing content of any package whether such packing was arranged through Trincargo/Trin-E-Box or not. Trincargo/Trin-E-Box’s role in packing is limited to assisting the customer only, in arranging for packing, but Trincargo/Trin-E-Box will attract no responsibility thereof.
- The Customer is responsible for the payment of ALL charges for items received at our facility addressed to the customer and such charges shall include but not be limited to, freight and handling, customs duties and taxes, governmental fines and penalties, and our legal fees and legal costs arising therefrom.
- The Customer specifically agrees to pay ALL charges upon DELIVERY or RECEIPT of items and NO Credit shall be requested or assumed whatsoever.
- The Customer agrees to pay for ALL packages which arrive at destination, including mail and magazines, and shall not have the discretion to pick some and leave some. The Customer is obligated to receive and pay for ALL available packages or none, as no package is to be left un-received.
- It is the responsibility of the customer to check the website to determine whether all packages are received, and to provide instructions for the release of any packages held at Miami. The website is very customer service friendly and provides ease of ability to monitor and facilitate fast processing of shipments especially those held in Miami.
- The customer must ensure that the correct P.O. Box Number and/or street address is given to the supplier and is correctly quoted on all packages to avoid mis-route, mis-sort and/or extra charges and delays.
- All items must be properly and correctly declared with their true and proper value. Under no circumstances must packages be undervalued so as to avoid customs duties. A genuine invoice must be produced for all items.
- The customer agrees not to ship or cause to be shipped any illegal, prohibited or restricted items contrary to international shipping laws, especially the laws of the USA and of Trinidad & Tobago. These illegal, restricted or prohibited items include but are not limited to narcotics in any of its forms, firearms, ammunitions, and all explosive devices in all its forms. Some of these items such as firearms, can be legally imported as long as the customer obtains the necessary permits, licenses, and/or approval from all the government and state agencies, and are properly declared with advance notice etc. The Customer agrees to comply by all these laws, rules and regulations.
- Especially in view of item (11.) above, Trincargo/Trin-E-Box is reluctant to allow the use of one registration by multiple individuals for whom we have no contact details or identification information on file.
- The US Govt. has very strict laws restricting shipment of items to or from unknown or unregistered persons. The customer is therefore decidedly discouraged from allowing other unregistered persons to use his/her box, as the registered customer will become solely responsible for all breaches or charges derived therefrom as if the registered has imported the items personally.
LIMITATION OF LIABILITY
The liability of Trincargo/Trin-E-Box, is governed generally by the Warsaw Convention by the Convention on the Contract for the International Carriage of Goods by Road, (CMR). Specifically, however, our maximum liability for any loss, however caused, whether direct, incidental, special, or consequential, whether through delay, damage, missing content, non-delivery, mis-delivery, mis-information, or failure to provide information, all such liabilities shall be limited to the declared value of the item(s) on which customs duties are payable, or to US$ 20.00 per kilo to a maximum of US$100.00 per shipment whichever is less. In case of multiple packages shipped by the same supplier to the same consignee and received on the same day, these shall be considered as one (1) shipment whether or not each package is given a separate identification or tracking number. The meaning of this clause is that the total liability to Trincargo/Trin-E-Box shall be limited to US$ 100.00 per shipment or less, even if the declared value is more than US$ 100.00.
As a service to the customer, and at the customers written request, Trincargo/Trin-E-Box, may elect to assist the customer in arranging packaging for packages by parties other than Trincargo/Trin-E-Box. By so doing, Trincargo/Trin-E-Box does not accept any liability for having assisted in arranging the packaging. This is purely a courtesy to the customer and nothing else.
REGISTRATION AND RENEWAL
Trincargo/Trin-E-Box offers free registration and there is no fee payable at the time and date of registration and no renewal fee is applicable thereafter.
International Transportation for freight charges shall be based on the chargeable weight which shall be the actual weight. The chargeable weight will be the weight of the package as tendered to us for shipment by air.
In addition to our shipping fees as quoted on our rate sheet, an additional line item for fuel surcharge will be added to our invoice. The fuel surcharge will fluctuate upward or downward according to the price on the international market and shall be published on our website at www.trinebox.com monthly. However, Trin-E-Box will try as far as is reasonable to maintain a standard rate for the fuel surcharge, unless, there is a significant change in the fuel price.
DUTIES AND TAXES
Customs Duty is calculated based on the CIF (Cost, Insurance and Freight) or C&F (without insurance) value of the goods which include: the actual commercial value of the goods plus the freight and any other foreign charges and insurance where applicable. VAT is calculated on the CIF or C&F value plus the duty.
ONLINE PURCHASE TAX
An Online Purchase Tax or OPT is calculated at 7 % of the CIF (Cost, Insurance and Freight) or C&F (without insurance) value of the goods.
The Customs and Excise Division is not obligated to accept the declared value as stated on the invoice, if Customs is of the view that the item was under-valued. Duty is paid on the commercial value of items and not necessarily what the customer declares he/she has paid for it. By way of explanation, if an item is ordinarily worth US1,000.00, but it was bought on auction or at a special rate of US100.00 or was given as a gift, then Customs may value the item for US$ 1,000.00 for Duty/VAT/OPT payment, regardless to what price the customer may actually have paid for the item. This is a procedure of Customs and Excise and not of Trincargo/Trin-E-Box.
RIGHT TO WITHHOLD
Trincargo/Trin-E-Box shall have the right, and may choose to exercise that right to withhold packages for the following reasons: a) When there are outstanding charges against the shipment; b) when there are outstanding charges against previously delivered shipments; c) when customers attempt to receive some and leave back other packages that are available for delivery and d) when there is a discrepancy as to what the correct charges should be.
RIGHT TO EXAMINE CONTENTS
Trincargo/Trin-E-Box shall have the right to examine the contents of any and all packages to determine and verify the contents if in the estimation of Trincargo/Trin-E-Box such verification is needed to ensure compliance with local and international regulations especially those relating to illegal and security risk issues.
INTEREST ON OUTSTANDING BALANCES
Trincargo/Trin-E-Box may charge interest on outstanding balances as market forces may direct.
RIGHT TO SELL
Trincargo/Trin-E-Box shall have the right to sell or otherwise dispose of items left unclaimed or unpaid for 30 days from the date of arrival. Trincargo/Trin-E-Box will attempt to contact the customer, as a courtesy, to advise of our intention to dispose of the goods. This does not absolve the customer from their responsibility to pay all outstanding charges due to Trincargo whether or not the goods were disposed of. No liability shall accrue to Trincargo/TrinE-box for failure to notify the customer of the sale/disposal of unclaimed goods.
Trincargo/Trin-E-Box is decidedly against all forms of illicit acts including but not limited to money laundering, the use, sale, trade, import/export of narcotics or other illegal substances in all their forms. Trincargo will not be a party to nor facilitate others directly or indirectly but will resolutely report any known or suspicious activity in breach of any of the laws of the Trinidad and Tobago or of any other country for that matter. Customers expressly agree NOT to transact or attempt to transact any of these or other illicit acts or items in their dealing with Trincargo/Trin-E-Box.
RIGHT OF AMENDMENT
Trincargo/Trin-E-Box shall have the right to amend or add to these terms and conditions as existing conditions, new laws and regulations may dictate.
TransExpress, Inc reserves the right to open and inspect all packages received on the customer’s behalf at its facility in Miami and to refuse service when and if it considers it necessary.