Contrato de Suscripción

CLAUSES GENERALBetween: on the one hand, the company BUSINESS MAIL & CARGO, LLC, with National Tax ID 1-01-66869-5, organized in accordance with the laws of the Dominican Republic and domiciled in the city of Santo Domingo, represented by the undersigned in this service contract, hereinafter referred to as "BM Cargo" or by its full business name, and on the other hand, the signatory of the membership registration, hereinafter referred to as the "USER" or "THE CLIENT." The following has been agreed and stipulated:MEMBERSHIP. –Article First. -: By subscribing to the BM Cargo membership, THE USER receives a username and password that allows electronic access to receive, as the sole owner, all personal or business information sent to them for the receipt of their correspondence, packages, parcels, and merchandise in general from abroad to the Dominican Republic. This username, assigned by BM Cargo, will be for their personal or business use, depending on the case.THE USER will be solely responsible for maintaining the confidentiality of their password and all activities that occur under their password and username.THE USER agrees to immediately notify BM Cargo of any unauthorized use of their password or username or any other security breach.Article Second: By subscribing to the BM Cargo membership, THE USER grants a physical address within the territory of the United States. This process is carried out through the BM Cargo website or in-person at our offices, for which they must attach their identification documents, either ID or passport for personal accounts, and a copy of the National Tax ID - RNC - or business registration, for corporate accounts.It is understood that THE USER must provide truthful and up-to-date information that can be identified when receiving their future imports or document reception.The user should not use fake email addresses or hide the true origin of their email address. In either of these cases, BM Cargo cannot continue the subscription process or, if applicable, may close the account.DESCRIPTION AND SCOPE OF SERVICESArticle Second. - With the address provided by BM Cargo, THE USER can use the following services:2.1.1 Receipt of correspondence, packages, parcels, and general cargo at the address of Business Mail & Cargo SRL abroad, properly addressed to the Client and identified by the Membership Code.2.1.2 Sending abroad of correspondence, packages, parcels, and cargo duly delivered and packaged by the Client, at the offices of Business Mail & Cargo SRL in the Dominican Republic, in accordance with the specific instructions of the Client and subject to the stipulations in this contract.2.1.3 Notification to the consignee to pick up their correspondence, packages, parcels, or merchandise in general at any of the BM Cargo offices chosen by THE USER.2.1.4 Notification to the consignee of the process and documentation required by any of the government institutions involved in the import or export process of their correspondence, packages, parcels, and cargo at the request of these institutions.2.1.5 Local Courier Services: Collection and shipping within the national territory of correspondence, packages, or parcels that the Client receives or wishes to send through Business Mail & Cargo SRL.2.1.6 Pick-Up Service: Of correspondence, packages, or parcels from THE USER's address abroad as indicated. The service must be prepaid by the Client before the service is performed, and they agree to reimburse the expenses that BM Cargo has incurred in the execution of this service.2.1.7 Customs Services: BM Cargo will carry out on its own behalf and on behalf of the Client the customs procedures required by Dominican laws and will request the RUA registration when the operations are personal, and if the consignee is a business, a request for ENLACE required by the customs authorities of the country or any other registration required by this state agency.Regarding the RUA registration, THE USER must register on the website of the General Directorate of Customs for these purposes, as specified by said institution.When it is a company, it must fill out an ENLACE REGISTRATION form, as it is a requirement imposed by the General Directorate of Customs to be able to carry out future imports and thus avoid future setbacks. All this must be done with the collaboration and guidance of a BM Cargo collaborator.2.1.8 National Shipping Service: It is a ground service that BM Cargo offers to its clients through its network of branches spread throughout the national geography. It is prepaid and is a station-to-station service. Inquire at the Customer Service area; your packages or goods must be properly packed. The delivery time for this service is 24 to 48 business hours; it may be affected by force majeure events beyond BM Cargo's control, such as government-imposed sanitary restrictions on vehicle mobility, weather conditions, operational unforeseen events in traffic. In these eventualities, BM Cargo will not be subject to claims by the USER.2.1.9 Repackaging Service: This service is notified to the customer in case of shipping goods at the origin-Miami office- when, due to their nature, they are considered fragile or arrive with packaging not suitable for export.2.1.10 INBOND Cargo Services: BM Cargo offers these services to its affiliates when large international goods are in transit in the United States, and their final destination is the Dominican Republic. Under this modality, the merchandise is not taxed in American territory.2.1.11 Storage Services: BM Cargo has large warehouses in American territory and in the Dominican Republic. With this facility, the USER can consolidate cargo in the United States for its final shipment and in the Dominican Republic, providing logistic services for cargo consolidation and deconsolidation, labeling, and delivery, whose fee will be based on the weight or volume of the cargo.2.1.12 Maritime Cargo Services: BM Cargo offers this service to the USER for handling large-volume cargo. Rates are defined considering the season and the characteristics of the product, whether it is dry or perishable cargo, etc.2.1.13 Other Services: BM Cargo may offer any other service upon the client's request, according to the rates agreed upon between the parties, understanding that it may facilitate the receipt and delivery of their merchandise. This request must be channeled and paid directly by the USER to BM Cargo.PROHIBITED MERCHANDISEArticle Third. - Prohibited Merchandise. It is understood between the parties that the shipment or receipt through BM Cargo of the following products is prohibited: Drugs and narcotics, firearms, bullets and ammunition, pepper spray, explosives, tear gas, pornographic material, Money Order, cash, matches, poisons, passports, live animals and animal skins, seeds, hookah, and its accessories. Gambling machines and their parts, as well as any other merchandise prohibited by current state regulations - See Annex 1.Additionally, the USER declares and acknowledges that BM Cargo may refuse to transport to or from foreign territory any type of material or product that, in its judgment and in accordance with the Inventory of prohibited merchandise specified on the BM Cargo website, or any resolution or provision of national and international authorities, is not allowed for free transportation.THE USER cannot transport by air cleaning solutions, spray products, alcoholic beverages, gas, lighters, glass, shock absorbers, batteries, gas-based tools, any article whose main ingredient is alcohol, batteries containing chemical components. See Annex 1.THE USER and its sender are solely responsible for any civil, criminal, tax, and commercial liability that may arise in the country or abroad due to the handling and transportation of prohibited goods and must respond to the competent authorities as owners thereof.RATESArticle Fourth. - BM Cargo will charge the USER the rates and fees in effect at the time any of the services specified in this contract are provided. When any variation occurs, BM Cargo will communicate it to the USER in writing. These changes may be due to a variation in the rates of airlines and international suppliers, as well as to local operational costs.The USER acknowledges and accepts as good and valid that the price and conditions of the services offered under this contract are subject to be modified by BM Cargo, based on changes dictated by the national and international market, modifications or updates made by the competent authorities to current government regulations, and especially to fluctuations in the foreign exchange market, increased costs of airlines and their operational management, as well as any commercial origin costs.These modifications must be notified to the User with seven (7) calendar days in advance, through our digital media, email, or our App. Once the deadline has expired, and the USER has not terminated this membership contract, it is assumed that the parties accept these modifications, and they constitute an integral part of the contract.
PAYMENT METHODArticle Fifth. - Payment Method. The Client undertakes to pay BM Cargo upon receipt of the transported goods or the contracted services through the BUSINESS MAIL & CARGO SRL Web Portal. The Client authorizes BM Cargo or its automatic payment service provider to debit the credit card registered by the Client for these purposes, the amounts detailed on said portal, and agreed upon by the Client by pressing the accept key on them, in cash or credit card via our delivery tellers or payment methods accepted by our financial management, such as checks or bank transfers.When a USER has been granted credit by BM Cargo for a specified period and fails to comply with the agreed-upon deadlines defined in the credit authorization letter sent at the time of approval, BM Cargo will apply an agreed-upon charge on the amount overdue for late payment, plus legal expenses in case of initiating compulsory collection. Likewise, BM Cargo is authorized to retain the USER's goods until the balance is paid.AUCTION OF GOODSArticle Sixth. - Auction of Goods: The Client authorizes BM Cargo to include all merchandise, packages, or parcels received at the air and sea terminals where BM Cargo operates to be delivered to customs authorities after thirty days (30) for auction. The date runs after the conclusion of the merchandise inspection expressed in a manifest and not withdrawn from customs premises due to non-payment of taxes and levies or lack of required documentation.BM Cargo notifies the client via email when their merchandise is retained by competent institutions and indicates the reason for the retention, and what process or documentation is required by the institution for the release of the merchandise. As well as the deadline for this merchandise not to be required for Auction.COVERAGE OF INTERNATIONAL TRANSPORTArticle Seventh: BM Cargo automatically grants total coverage of international transport to the USER for their express shipments and air and sea cargo transportation based on the declared FOB value or the declared purchase value. Its application is subject to the shipping clauses numbered in this contract.All items, packages, parcels, and merchandise in general transported by the USER by air will have a charge of 1.25% for the basic service and 1.75% for the extended service, the latter with return coverage providing a return label or tag from the supplier by the customer for priority or express service up to 29 pounds and personal clients; the extended service does not apply to corporate or commercial accounts. This charge applies based on the FOB value declared by the USER.When shipping as a commercial or industrial importer or any company in general, a variable charge of 0.75% to 1.25% of the declared FOB value will be applied when transported by sea. This variation is related to the shipment volume.In case the client terminates this service in writing, BM Cargo will not grant coverage to any claims from the client in case of occurrence.LIMIT OF RESPONSIBILITIESArticle Eighth. - It is understood between the parties that BM Cargo will not be responsible for the following events and circumstances:a) Losses resulting from customs confiscation or by any national or international authority,b) Delays caused by the lack of documentation or necessary information for customs clearance or other delays caused by force majeure or fortuitous events.c) Non-delivery to the user of prohibited goods, in accordance with the provisions of this contract.d) Non-delivery to the user of packages abandoned at the General Directorate of Customs (DGA) whose taxes have not been paid to the aforementioned institution.e) Packages auctioned by the General Directorate of Customs. That have been previously notified by BM Cargo to the user.f) Shipments related to medicines and dry or refrigerated foods that reach their destination expired or about to expire due to lack of documentation or identification and authorization from the User for shipment.g) Guaranteeing the good condition when delivering to the User items made of glass, glass, plaster, ceramics, or fiberglass or fragile, where the User has declined the proper packaging for export.h) Malfunction of electronic items without visible damage due to transportation.i) Delivery to the User of goods without the proper delivery acknowledgment in our Miami warehouses.j) Transportation of fragile goods that have not been repackaged according to BM Cargo's recommendation, which must be export packaging.k) Shipment of correspondence and packages and merchandise in general received with lack of information or inaccuracy in the information in our offices in Miami, which may delay the fulfillment of services.l) Breakages or delays caused by force majeure such as war, social unrest, hurricanes, earthquakes, landslides on roads, air or sea accidents,ll) BM Cargo reserves the right to review all packages and parcels received at its local or foreign offices that are transported on behalf of or for the User.CHARGES AND HANDLING OF GOODS AND SERVICESArticle Ninth. - BM Cargo assigns the USER a membership code as the ONLY means for their identification for all shipments from abroad to the Dominican Republic. This code is mandatory. THE USER must always place their membership code in their purchase on the BM Cargo account. If THE USER does not place their membership code, BM Cargo will not be able to identify the correct consignee or customer. This reassignment of the package or merchandise generates a charge per package to be sent by air to THE USER.Article Ten. - For all merchandise that arrives at the BM Cargo-Miami warehouse, the identified USER receives an electronic Warehouse Receipt-WR- number. With this number, they can track the status of the package in real-time until its delivery in the Dominican Republic.Article Eleven. - The User must inform their suppliers that the merchandise will be received by BM Cargo-Miami during business hours, which can be consulted on BM Cargo's digital platforms and in the welcome email at the time of account creation. They must demand the receipt of acknowledgment serving as a confirmation of delivery. This acknowledgment or receipt issued by the Miami office is the only means to make future claims.Article Twelve. - The User must ensure the use of carriers within the United States that have the characteristic of delivering with an acknowledgment of the delivery of goods to ensure the security, integrity, and timely delivery of their goods within the stipulated time. The use of other methods poses greater risks and hinders BM Cargo from providing information and service to THE USER, resulting in delays and insecurity in the delivery to the BM Cargo-Miami warehouses.Article Thirteen. - BM Cargo electronically informs the USER of the availability of their packages and belongings in the country's warehouses through mobile applications or their email. The withdrawal is made upon payment at the counter or electronic payment. THE USER at the time of delivery must verify the integrity of the merchandise to validate that there is no damage attributable to the BM cargo transportation process; any other damage that is not evident mistreatment or alteration in the packaging and in the product itself, such damages are attributable to the supplier of the merchandise.THE USER, by signing the invoice as an acknowledgment of their acceptance as good and valid, releases BM Cargo from all responsibility. The order of delivery and withdrawal will always be from the oldest to the most recent and never vice versa.