1. DEFINITIONS

In this agreement "we," "our," and "us" refer to IBC Express Ltd., its subsidiaries, affiliates, contractors, employees, agents, and subcontractors. "You" and "your" refer to the subscriber, member, box holder, customer, receiver, consignee, its employees, agents and anyone claiming an interest in the shipment. "Package" or "packages" means any container, goods, merchandise that is accepted by us for delivery. "Shipment" or "shipments" means all mail and/or packages which are tendered to and accepted by us on a single house air waybill.

2. AGREEMENT TO TERMS

By activating and using the ZipX service, you acknowledge that you have read, understood, and agree to accept the Terms and Conditions of this agreement. You agree that your shipments may be carried through intermediate stopping places including a country other than the country of departure and we may substitute alternative carriers or aircraft.

3. USE OF FOREIGN SHIPPING ADDRESSES

We will provide you with an official physical street address for your exclusive use. The rights to the physical street address belong to us. Access to the foreign addresses is restricted solely to our personnel. You are only permitted to have packages sent to the shipping addresses and to have the shipments on-forwarded to destination.

4. DELIVERY

You may choose to have your packages delivered to your business or home address. We will make two (2) attempts to deliver your packages between 8:00 a.m. and 4:00 p.m., Monday through Friday. If no one is present to receive your packages, a note will be left to advise you of a failed delivery attempt. Your packages will then be brought back to our facility where you may elect to collect them or make arrangements to have the packages redelivered.

5. PROHIBITED ARTICLES

You agree to use the ZipX service only for lawful purposes and conform to all federal, state, local government and postal regulations in the U.S. and Europe. You further agree that you shall not use, nor permit the shipping address to be used to send, deliver, receive, or store items of unusual intrinsic value such as cash, negotiable securities, jewelry, furs or the like.

6. HAZARDOUS MATERIAL OR DANGEROUS GOODS

Any packages or goods, which are considered by the Department of Transportation (DOT), the International Air Transportation Association (IATA), and/or the International Civil Aviation Organization (ICAO) as "restricted articles", "hazardous material", or "dangerous goods", will be sent into Trinidad via airfreight as cargo. The cost associated with this will be handled on an individual basis and is not necessarily based on the rates mentioned on this site. This is primarily due to the cost associated with the special handling and paperwork required to handle hazardous material or dangerous goods.

7. LIMITATION OF CLAIMS

We will identify packing materials (i.e., cartons, boxes, tubes, envelopes, etc.) that are opened or in damaged condition upon arrival at our physical address, and shall make a notation that the shipment was opened or in damaged condition. No claims will be accepted nor honored by us with respect to these items, and we will have no liability or responsibility.

8. LIMITATIONS OF LIABILITIES

In consideration of the international transportation charges for the movement of unspecified packages by ZipX, it is agreed that we will have no liability to you. Insurance coverage is available upon request for an additional fee. All requests must be made in writing and arranged and paid for in advance.

9. LIABILITIES NOT ASSUMED

We are not liable for delays in delivery, damages of any kind (whether direct, indirect, incidental, special, or consequential) including but not limited to loss of income, loss of interest, loss of profit, loss of business opportunity, loss of use of contents, breach of other contracts, or any loss or damage arising from the inherent nature of the goods, whether or not we had knowledge that such damage might be incurred, even if the delay is our fault in retrieving the shipment, transporting the shipment, or delivering the shipment. We will not be liable for your acts or omissions, including but not limited to incorrect declaration of goods, improper or insufficient packaging or marking or addressing of the shipment, or for acts or omissions by the consignor or consignee or anyone else with an interest in the shipment. Also, we will not be liable if you or the consignor violates any of the terms of the agreement. We do not accept for shipment cash, currency, or other security instruments.

Also, we will not be held liable for loss, damage, or delay caused by any events we cannot control, including but not limited to acts of God, "force majeure", or the action or omissions of any governmental or public authority (including but not limited to customs or health officials), or omission by anyone outside of us. We reserve the right, without admitting liability, to refund transportation charges at its sole discretion, but are not obligated to do so.

10. NO WARRANTIES

We make no warranties, express, or implied.

11. RIGHT TO INSPECT

The shipment may, at our option or at the request of governmental authorities, be opened and inspected by us or such authorities at any time.

12. RESPONSIBILITY FOR PAYMENT

The opening of a ZipX account does not mean that you have an open credit account with us. Credit is granted by us at our sole discretion and may be revoked immediately if our terms and conditions are not met. We reserve the right to request full or partial payment on any shipment at anytime, if the amounts exceed the usual line of credit we are prepared to grant.

With respect to ZipX, even if you give us different payment instructions, you will always be primarily responsible for all charges including membership and subscription, transportation charges, all duties, customs assessments, governmental penalties and fines, taxes, brokerage fees, outlays, and our reasonable attorney fees and legal costs and disbursements related to this package in the case of default in payment. You will be responsible to pay for all the charges associated with all packages you receive, even if the packages received were unsolicited by you, were received opened or in a damaged condition, or the contents fail to correspond to the items you ordered. You will also be responsible for any costs we may incur in returning the shipment to you, the consignor, or warehousing it pending disposition. We are not obligated to advance any customs, government, or carrier's fees or assessments, penalties, fines, or any other accessorial clearance fees, and may at our sole discretion request certified funds or cash from you before submitting an entry for clearance to Customs. We have the right to suspend service should your account not be in good standing, until the amount due is paid in full, and you expressly acknowledge and agree with this right. In the event that payment is not made prior to or upon delivery, the outstanding balance shall bear an additional service and hhandling charge at the rate of 1½% per month and we may turn the said account over to an attorney for collection. If we turn the balance over to an attorney for collection, there shall then be added to the balance due, as and for attorney fees, the actual reasonable fee to be paid to the attorney for his services.

Any dispute hereunder, including any dispute or claim which you may have, shall be heard exclusively in the courts of original jurisdiction, Port of Spain, Trinidad, The West Indies and you agree to submit to the jurisdiction of said courts. If any provision herein is found to be invalid, unenforceable, ambiguous and/or illegal, such provision shall not affect the remaining provisions, and such remaining provisions shall continue in full force and effect.

13. CUSTOMS DUTIES, VAT, FREIGHT & HANDLING CHARGES
     
1. You agree to pay all charges imposed by the Government of Trinidad & Tobago, or any other government and/or agency, and/or the carrier with respect to your mail and packages.



2. You agree to pay any customs clearance charges imposed by us or our affiliates with respect to your mail and packages.



3. We reserve the right to adjust our charges to reflect any significant fluctuation in the exchange rates and you agree to pay any and all such additional charges with respect to your mail and packages.



4. Shipments valued under TT $6,000.00 CIF (Cost, Insurance, and Freight) will be cleared automatically as a "Non-Trade Entry" by us unless prior arrangements have been made by you in writing to IBC Express' Trinidad office.



5. For shipments valued over TT $6,000.00 CIF (Cost, Insurance, and Freight) the Comptroller of Customs and Excise requests that a "Formal Entry" be submitted. Upon receipt of your written authorization and power of attorney, we will prepare, make an entry, and clear the goods on your behalf for an additional fee. If you prefer to process the shipment yourself the inbound paperwork will be delivered to you.



6. Duties, taxes, VAT, levies, imposts, deposits, or outlays, and other charges are not included in the shipping rates and will be determined by Customs, agencies, carriers, or similar authorities using the vendor's or supplier's invoice that accompanies the goods.
14. SUBSCRIPTION PERIOD
     
1. Your subscription is for one year, effective from the date your application is approved and will be renewed automatically, unless we are notified to the contrary in writing, by you, thirty (30) days prior to the expiration date of this agreement.
   
   
2. This agreement can be terminated by us giving you thirty days notice in writing. In such cases, rental fees will not be refunded nor prorated. You will still be held responsible for all charges resulting from arrival of any and all mail and/or packages. In addition, upon termination we will have the right to return all mail or merchandise to the sender and charge your account for that service based on the published courier tariff in effect at that time.

IBC EXPRESS LIMITED RESERVES THE RIGHT TO REVOKE, ALTER, ADD TO OR AMMEND ANY OF THE TERMS AND CONDITIONS, IN ADDITION TO ANY SERVICE, FEATURE, OR RATE WITHOUT NOTICE.