SERVICES CONTRACT
FIRST: USAFAST is a company devoted to offering services of shipping of none negotiable documents, parcels of items of any nature or enterprise level shipments, that belong to the client, between the warehouses of the company in United States, China, or any other place of origin in which the service is available, to be send by air, sea or land to the home of the customer or vice versa in the case of exporting.
SECOND: The sender or correspondent that the client chooses in United States, China or any other place of origin is the one responsible for sending the merchandise to the warehouses of the company offering the service in Miami, China or any other place of origin. The time of delivery and the means used to make the delivery are the decision of the aforementioned correspondent or sender, without the interference of USAFAST in such decisions.
THIRD: The purpose of the service is that the client can acquire goods of different nature in which he is interested in. The seller of the goods or a third party chosen by the client, will deposit the acquired merchandise in the warehouses of the company in United States, China, or any other origin directed to the recipient client in Cost Rica. For this purpose it is necessary that the client, once he has chosen the desired item, indicates to his provider, seller, or third party, the personalized addressed that was assigned to him by USAFAST, and that the client will use to receive merchandise within the United States, China, or any other place of origin.
FOURTH: USAFAST reserves the right of utilizing any means of air transportation that provides services under the international regulations of the International Air Transport Association (IATA) for the handling of cargo that it finds more convenient, as well as marine or land transportation, under the international regulations of International Commerce. Every shipment must abide by the regulations established by the international regulation for air, sea, or land transportation and the regulations demanded by the authorities of the United States of America, The People’s Republic of China, The Republic of Costa Rica, or any other origin, thus it is prohibited, among others, the shipment of money, narcotics, chemicals of high radioactive risk and products that put at risk the physical integrity of the people in charge of the transportation or their equipment.
USAFAST will not participate in the shipping or handling of merchandise contrary to the regulations of the aforementioned laws. The client by his own responsibility, or through any other person, is in the obligation to abide with the regulations and laws and exonerates USAFAST of any legal and contractual responsibility in the case that the shipment fails to abide by the aforementioned norms and that the merchandise cannot be delivered to Costa Rica. Additionally, if once the shipment was send in such conditions, the administrative or legal authorities confirm that the merchandise does not abide by the normative, the client, as the owner of said merchandise, will be the only responsible of the violation of the normative, and receiver of the sanctions derived from the transportation of such items, and will be held responsible for any fine or sanction, that it is imposed upon him, or the company in charge of the shipping and handling of the item.
FITH: The Company in charge of the service can do at the place of origin, any physical checking of any shipment, to ensure that it abides with all the norms, regulations and customs classifications that are demanded by the competent authorities of the entrance and exit ports. It is the responsibility of the client and of the person that the client appointed, in United States, China, or any other place of origin to make sure that the merchandise arrives complete and in perfect conditions to the warehouse assigned to the client, along with the appropriate commercial invoice. USAFAST will not be responsible for the shipments that do not indicate clearly, the address for the delivery of the merchandise that it is indicated in this contract, or that it is provided to the client previous to the negotiation. Once the merchandise is received at the company premises who is providing the shipping services in United States, China or any other place of origin, it will be notified to the client in Costa Rica by the means elected by the company, how many packages were received, how much they weight, and their respective volume. If the client does not communicate any reservations, the merchandise will be considered as complete and correct.
SIXTH: The activity performed by USAFAST allows it to ensure the frequent shipping of correspondence, parcels in general, and cargo at big scale from United States, China or any other place of origin to Costa Rica, as long as the shipments fulfils the legal requisites and of customs from the competent authorities, both in United States, China, or any other place of origin, as well as in Costa Rica. The client knows and accepts, clearly and deliberately, that the competent authorities in United States, China or any other place of Origin, as well as in Costa Rica, can corroborate, by any means, the content of the packages, and in the case of finding existing anomalies, the delivery to the client will not be performed or if allowed, it will not be in the time and date that were agreed, this frees of any obligation to USAFAST, for any damages, inconveniences and delays that could arise for any of these reasons.
SEVENTH: USAFAST will not be in the responsibility of fulfilling with the conditions of the service when delays are derived from not abiding by the procedures demanded by the custom agencies of Costa Rica, United States, China or any other place of origin or destination. Furthermore, USAFAST will be exonerated of any responsibility for the breaching of contract, derived from act of God or force majeure, and of any other similar facts or happenings that were not considered such, and that without being exhaustive are mentioned here, such as strike, temporary closures, terrorism, accidents, hijacking, disturbance, civil disturbance, altercation of public order, explosions, fire, any action taken to fight fire and any similar situation.
EIGHTH: Given the activity performed by USAFAST, by law it becomes, when the shipment arrives in Costa Rica, the representative of the client before the company that provides services to customs and it is held responsible by customs, and should abide by the normative, established by the General Law of Customs and Regulations, and any other dispositions, and related laws, that are currently in force at the moment or presenting the merchandise to the customs control.
NINTH: The client is in the obligation to fulfil strictly with the specifications of maximum weight and volume, that are allowed by the air lines or shipping company in the case of sea freight, for this type of cargo, and that are an integral part of this agreement. In the case that the shipment exceeds these specifications, the client will pay for any additional cost caused by the excess. In these conditions, USAFAST, is freed from its contractual obligations, and will transport the shipment subject to availability of space, being the client held responsible of any and all responsibility derived from the delay that the transportation may be subjected to.
TENTH: All goods reviewed by customs officials that are attached to a technical note (permissions), will remain in custody at the bonded warehouse in use by the company providing the service, pending the respective process. The same treatment applies to all those goods which by their nature and value, should remain on hold while the corresponding taxes are paid.
ELEVENTH: The customer declares to know and agree, expressly, that the contents of shipments should be delivered in envelopes, sealed packages, boxes in good condition, pallets in good condition and also that the content is your sole responsibility and that of accordance with the law governing the activity is subject to all rules and prohibition established by the competent authorities.
TWELFTH: USAFAST is not responsible for any goods, for whatever reason, that are retained by Customs and f or which their delivery is subject to the requirements that are demanded by this entity for release. Salve aspects of regulated goods, as described in the previous fourth clause, customs clearance of goods will be effective once you have made the cancellation of taxes and the cost of storage. At the express request of the owner of the goods, these amounts will be billed on behalf of Delivery Customer Solutions and finally to the client, along with the cost resulting from any additional procedures that must be managed to comply with customs regulations. The amounts will be canceled when picking up and delivering the package and the refusal to pay shall entitle USAFAST to retain the goods until they meet that requirement.
THIRTEENTH: USAFAST will be limited to receiving the goods; verify the weight and gaskets are in good condition and properly closed by the depositor. In case of anomaly, rupture or visible damage, USAFAST shall immediately notify Costa Rica, and the customer must authorize, in writing, permission for opening the packages, photographs shall be taken and the merchandise shall be reviewed. This procedure will cost an additional $ 10.00.
FOURTEENTH: USAFAST will forward to San José, without incurring any liability, all those shipments received in the United States, China or any other source with discrepancies of which has not received instructions. The client, in Costa Rica, is obliged to cover all shipment costs.
FIFTEENTH The client in Costa Rica may, at the time of purchase, ask for cargo insurance, filling the application form and must send the invoice of the purchase or the voucher. The terms of insurance shall be provided when requesting the service and the amount of insurance will be estimated for 100% of the value of the item. The service fee will be charged when the customer receives the goods.
SIXTEENTH: If the client decides not to insure hos or her shipment with cargo insurance and suffers damage or loss merchandise whose responsibility is attributable to Delivery Solutions, USAFAST will not cover any financial amount for that situation.
SEVENTEEN: The rate shown on our website will only be applied to deliveries that occur within the GAM (Great Metropolitan Area) The cost of delivery is $4.00
EIGHTEEN: In the case of packages to be delivered outside the greater metropolitan area, the shipping cost will have an extra charge corresponding to local service delivery at the customer’s home.
NINETEENTH: The customer can choose the mode of transport used, while there is a prior agreement or if the client informs the employees of Customer Service at USAFAST in advance.