- November 29, 2019
- Posted by: dang
- Category: Uncategorized
TERMS OF SERVICE AGREEMENT
The Terms of Service Agreement constitutes the entire agreement between you and CBP with respect to the Services provided by CBP on this Website. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and CBP with respect to this Website. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach.
Cross Border Pickup (hereinafter referred as “CBP”) shall provide service of receiving customer orders and then transporting them across to their local town, receiving customer shipments to transport and deliver to carrier in the U.S. and local and international shipping (hereinafter referred as “Services”) more specifically described on its website and subjects to change from time to time at sole description of CBP.
The user of CBP Services (hereinafter referred to as “Member”) takes full ownership of the sending and receiving of the package(s) while using CBP’s Services whether for personal or business purposes. The Member must have the authority to act on behalf of themselves or the business and will be held personally accountable for all actions taken on behalf of the business.
The Member represents and warrants that he/she is responsible for complying with all known applicable export and import control laws and regulations and such other applicable laws or regulations in the order and receipt of merchandise and mail under the terms of this Agreement.
Activation of the Member’s account or use of Services of CBP or the “Website” will represent the Member’s acceptance of this User Agreement (hereinafter referred to as “Agreement”), as set forth in the following Terms and Conditions.
CBP reserves the right, at its sole discretion, to change, modify, or otherwise alter these Terms and Conditions. It is the Member’s responsibility to review the CBP Terms and Conditions periodically as continued use of CBP’s Services will constitute the Member’s acceptance of any revised Terms and Conditions.
CBP prohibits any illegal activity by its Members. Any charges incurred, for legal advice or otherwise, by CBP in connection with the enforcement of the law against any Member or any potential Member will be the financial or otherwise the responsibility of the Member or the potential Member. See the Indemnification section below for further details.
For purposes of this Agreement, a “Prohibited Person” shall mean (a) a Person who is a “designated national,” “specially designated national,” “specially designated terrorist,” “specially designated global terrorist,” “foreign terrorist organization,” “specially designated narcotics trafficker,” or “blocked person” within the definitions set forth in the Foreign Assets Control Regulations of the United States Treasury Department, 31 C.F.R., Subtitle B, Chapter V, as amended (the “OFAC Regulations”) or who otherwise appears on the list of Specially Designated Nationals and Blocked Persons, Appendix A to the OFAC Regulations; (b) the Government of Cuba, Iran, or Sudan, including any political subdivision, agency, or instrumentality thereof, or any other country against which the United States maintains economic sanctions or embargos under the OFAC Regulations or Executive Order; (c) a Person acting or purporting to act, directly or indirectly, on behalf of, or an entity owned or controlled by, any government, individual, or group against which the United States maintains economic sanctions or embargoes under the OFAC Regulations or Executive Order; (d) a Person who is described in section 1 of Executive Order 13224 – Blocking Property and Prohibiting Transactions with Persons who Commit, Threaten to Commit, or Support Terrorism, effective September 24, 2001; (e) a Person on any other list of terrorists or terrorist organizations maintained pursuant to any of the rules or regulations of OFAC or pursuant to any other Executive Order; or (f) a Person in violation of any other law, regulation, or Executive Order of similar import, as each such law has been or may be amended, adjusted, or modified or reviewed from time to time.
In the event that the Member is believed potentially to be a Prohibited Person or requests that CBP arrange for the shipment of items to an individual or entity believed to be a Prohibited Person, CBP may ask the Member to provide documentation to show that the Member and/or individual or entity to which a request to export items has been made is not a Prohibited Person. If the identity of the Member and/or the individual or entity to which a request to export items has been made cannot be proven to the satisfaction of CBP, CBP reserves the right to remove the shipping address of such potential Prohibited Persons from the Member’s account or to cancel the Member’s account, CBP also reserves the right to request a signed Statement of Assurance from the Member stating that the Member understands his or her obligations under U.S. export law and that the Member will conduct screening to ensure that the Member does not export to Prohibited Persons using the services of CBP or its unaffiliated freight forwarders and/or carriers. For additional information about Prohibited Persons, including a tool that will allow you to look up the name of Prohibited Persons, please see the OFAC website.
Shipping and Receiving Compliance Declaration
Shipping and Receiving Compliance Declaration supplements CBP’s general Terms and Conditions and applies to all Members using CBP’s Services. As a Member of CBP, the Member solemnly declares and is in agreement with all Terms and Conditions listed below:
- The Member agrees to provide CBP with the most current and accurate contact information related to the Member including business name, personal name, business or home address, telephone number(s), email address and contact information for any other person authorized to ship and receive packages on the Member’s behalf. Any misrepresentation of information provided may be subject to suspension or cancellation of the Member’s account with or without notice by CBP.
- CBP staff may request Members to confirm their identity in the form of a photo ID when using CBP services. CBP may from time to time verify and update the Member’s account to ensure the most current information is reflected. It is the responsibility of the Member to ensure their account is accurate and up to date at all times.
- All Members are assigned a U.S. address with a unit number that will be their own to use for receiving and consolidating their packages prior to crossing the Canadian border. The Member agrees to not use their CBP address for any purpose other than as the address to which packages may be delivered prior to importing goods into Canada. The Member is not to use the assigned CBP address as the address of the Member’s place of business or residence. Failure to comply with these guidelines may result in the cancellation of the Member’s account and the ineligibility to use any CBP Services.
- Accounts that are inactive for a period of 12 consecutive months will automatically be deactivated and the unit number associated with the Member’s account will be eligible to be reassigned. This includes accounts that have completed the signup process however have not used any CBP Services for a period of 12 consecutive months.
- The Member acknowledges and agrees that CBP has the right to automatically charge the credit card on file for any outstanding balances, adjustments, custom fees, fines and penalties.
- CBP Services consists of acting as an agent of the Member for consolidation and export purposes by receiving the Member’s package(s), which will be sorted, packed, and consolidated. At the Member’s direction, CBP arranges for export to a CBP service address or a Member’s specified local address. These services may be provided directly by CBP or by an unaffiliated service provider, which can act as the freight forwarder and/or carrier for the shipment. All packages received by CBP will be opened by representatives of the company. Members are responsible for all import obligations in the country to which all mail and packages will be sent. Members also authorize CBP to be its agent to authorize an unaffiliated broker to conduct customs clearance and entry, if required, to certify freight forwarder and/or carriers as the consignee solely for the purpose of designating a customs broker to perform customs clearance and entry.
- The Member acknowledges that providing false or misleading declarations to Border Customs including missing supporting documents, providing false supporting documents/invoices, misdeclaring items, attempting to ship prohibited items or restricted carrier items may result in fines, penalties, and legal action. CBP has the full right to refuse the transferring of any goods that are misdeclared or without proper declaration, and in addition, has the right to charge penalty fees to recoup any penalties and fines applied by customs as well as time spent dealing with such issues. In addition, Member accounts will be immediately suspended or canceled in the event that CBP suspects misuse and/or dishonesty by the Member, which includes providing incorrect values, providing inaccurate information, false invoices and receipts.
- The Member acknowledges and agrees that CBP reserves the right to refuse to accept (in whole or in part) any shipment and/or package that it determines may be prohibited by International or National Regulations. This also includes any shipments that may cause unnecessary delays to CBP Services.
- The Member acknowledges that it is their own responsibility to ensure all shipments are in compliance with Provincial, Federal and International legislation and any other Applicable Laws (all laws and regulations respecting the transportation, exportation or importation of goods and materials that are applicable to packages consigned to CBP).
- The Member acknowledges that it is their own responsibility to ensure all shipments transiting with carriers subject to Transport Security Administration (TSA) import restrictions do not contain any prohibited or non-compliant items as outlined by TSA. These include but are not limited to the following:
- Fuels (ex. propane, gasoline, butane, etc.)
- Flammable matter
- Safety or strike-anywhere matches
- Electronics (ex. battery operated devices)
- Nail polish
- Alcohol-based perfumes
- Aerosols (ex. spray-on deodorant, hair spray, etc.)
- Magnets or items including magnets
- Arc Lighters, Plasma Lighters, Electronic Lighters, E-Lighters
- Disposable and Zippo lighters
- Dry ice
- Vehicle airbags
- Vacuum-sealed bags
- All package(s) must not contain any prohibited or non-compliant items, the carriage of which is prohibited by any law, regulation or statute of any Federal, state or local government of any country to or through which the shipment may be carried, including but not limited to:
- Cannabis, narcotics or drugs of any kind
- Food requiring refrigeration, non-alcoholic and alcoholic beverages
- Medicine (prescription and non-prescription), medical devices
- Growth hormones (supplements, vitamins are not considered growth hormones)
- Glasses/eyewear (prescription and non-prescription)
- Firearms, ammunition for firearms and explosives. Gun, and/or firearm parts, antiques, and holsters, weapons of any kind
- Cigarettes, electronic cigarettes, smokeless cigarettes, tobacco goods, or anything with nicotine
- Chemicals, hazardous materials/waste or combustibles
- Knockoffs (products that violate copyright laws)
- Human remains (including ashes and hair)
- Animals and animal products, usually refer to LIVE and/or dead organisms (does not refer to commodities for animals)
- Animal foods, supplements, treats, including flea/tick prevention
- Plant matter (including seeds), fertilizer, herbicide, rodenticide, pesticide, plant growth regulators, anti-sprouting products, disinfectants, fungicides or insecticides
- Baby walkers (does not refer to strollers, carriages etc)
- Paintball makers, airsoft guns
- New or used motor vehicles
- Lottery tickets and gambling devices
- Pornographic and/or obscene material
- Packages that are wet, leaking or emit an odor of any kind
- Money, coins and/or cash
- Personal documents (passports, ID’s, Bank statements, letters from friends, etc)
- Antiques (breakable and/or fragile)
- Products regulated by the U.S food and drug administration (FDA)
- Products regulated by the U.S. Department of Agriculture (USDA)
- US Customs and Border Protection (US CBP)
- Consumer Product Safety Commission (CPSC)
- Department of Transportation (DOT)
- Transport Security Administration (TSA)
CBP reserves the right to refuse packages, return packages back to the sender or discard packages and provide all package information to government authorities if CBP suspects any packages should contain any prohibited items. Please note that this list is not inclusive.
- Any shipment that contains products regulated by the U.S. Food and Drug Administration must have written approval in the form of a Prior Notice. The Prior Notice must be appended to the outside of each parcel that requires such notice. The Prior Notice should list the exact details of the items contained in each parcel. CBP may at its discretion perform random checks and verify the contents within each box to validate the Member has complied with the FDA Policy and Procedures. CBP has the right to refuse to ship or confiscate any parcels that do not meet the necessary requirements.
- Any package that resides at any of our Canadian or U.S. Facilities beyond the first 30 days of free storage will incur fees per day for the next 60 days. After the 90th day, should the package still remain unclaimed and/or outstanding storage fees remain unpaid, the Member agrees that CBP will have full ownership of all unclaimed packages and will at its discretion discard, liquidate or act as we see fit without any notice or approval from the Member. In addition, CBP will require payments for any packages with any outstanding fees (even if the package is not picked up), before any additional packages can be further processed/picked up. For further details on storage fees refer to our Rates page.
- The Member is responsible for informing the seller that any merchandise purchased and sent to CBP facility ultimately will be exported out of the United States. It ultimately is the responsibility of the Member to ensure that the seller provides the export classification of the merchandise and determines if any export licenses are required for the merchandise. The Member must ensure that merchandise requiring an export license, or that is otherwise controlled for export, is not shipped to CBP by the seller.
- The Member shall be responsible for payment obligation to the seller and CBP shall not be responsible in any manner for any payment or service related dispute between the Member and the seller.
- The Member acknowledges that the duties and taxes provided per package prior to entry into Canada are only estimates of what the Member may pay to Customs to import the specific contents of each package. These values are not finalized and may be adjusted by the discretion of the Canadian Customs Authorities. CBP has full right to pass on any adjustments and additional charges to the Member and these fees will be added to the final amount charged to the Member once it arrives in Canada. The Member agrees that package(s) will not be released to them until all outstanding fees have been paid in full to CBP. Should there be any disagreement in the duties and taxes charged, it is the Member’s responsibility to bring this to the attention of Canadian Customs. CBP will have no involvement with settling duties and taxes disputes once the package(s) has cleared Customs.
- Business shipments are required to be marked and processed as business packages. It is the responsibility of the the Member to notify CBP when these packages are business related (if not already marked as such).
- Upon request the Member will promptly provide adequate supporting documentation in the form of an invoice or receipt to confirm the declared value for their package to CBP and Canadian Customs. The Member fully understands that failure to provide supporting documents may result in CBP returning the package back to the sender with the Member paying additional processing and shipping fees, CBP disposing the package or the Member forfeiting the package ownership to CBP.
- The Member acknowledges and agrees that all shipments may be subject to internal compliance checks by CBP, along with any external compliance checks performed by Canadian Customs Authorities. For clarity, this means any and all packages may be opened to confirm the accuracy of the declared information set by the Member. Any liabilities, penalties and additional charges for discrepancies in the value declared or inaccuracy of information provided will be charged to the Member. The Member may also be subject to civil and criminal penalties for making false or fraudulent statements to the Canadian Government or for the violation of any Canadian laws on importing of goods.
- Should the value be incorrectly declared by the Member, CBP reserves the right to make the necessary corrections to the declared value on behalf of the Member based on the competitive retail pricing available at the time of inspection. All documents requested must be provided promptly to CBP in order to prepare the package for custom clearance. The Member fully understands that repackaging to original shipped condition are not the responsibility of CBP and Canadian Customs.
- Special Handling Fees for packages that are not typical in nature will apply to package(s) that fall within these specifications. It is at the discretion of CBP to determine which package(s) require special handling and any applicable charges will be applied. The Member agrees to pay in full the additional charges, along with any other outstanding fees owed to CBP. For further details refer to our Rates page.
- The Member is responsible to pay any applicable Line Fees for package(s) that require additional entries in addition to the standard number provided per package. Likewise, any additional entries required for skids will also require additional charges. The Member agrees to pay in full the additional charges along with any other outstanding fees owed to CBP. For further details refer to our Rates page.
- Administration Fees will be applied to any package(s) that require special processing by CBP due to incorrect information provided or missing supporting documents by the Member or Member’s supplier. It is at the discretion of CBP to determine which package(s) require special processing and any applicable charges will be applied. Additional fees may also apply to any special requests to reroute packages to a U.S. residential or business address.The Member agrees to pay in full the additional charges along with any other outstanding fees owed to CBP. For further details refer to our Rates page.
- For package(s) that require Special Package Divisions, there will be additional fees for unpackaging and repackaging, this is in addition to any other outstanding fees owed. The Member agrees to pay in full the additional charges along with any other outstanding fees owed to CBP. For further details refer to our Rates page.
- CBP reserves the right to consolidate and repackage multiple orders into a combined package prior to mailing them to the Member’s preferred home or business address. For pricing on our mailing option, refer to our Rates page.
- Package pickups at the CBP U.S. Facility must be scheduled in advance and are subject to additional fees in addition to any other outstanding fees owed. The Member or any person representing on behalf of the Member, is to refrain from presenting themselves at the CBP U.S. Facility without arranging in advance a scheduled time and date for pickup. Package(s) will not be released if no scheduled pick up is confirmed. For further details refer to our Rates page.
- Not all fees are mentioned in the Terms of Service. For all changes and additional fees that may apply, communication will be listed through the Rates page.
- Claims for a lost or damaged package must:
- Be filed within 30 days following the date the package was expected to arrive at the Member’s U.S. address. CBP will require the package’s tracking number to verify.
- Have confirmation that the package was received by CBP in the form of a carrier signature or check-in process.
- Be accompanied by a supporting document in the form of a receipt or invoice.
- If applicable, have valid photographs of the damaged item. The photographs must be taken immediately upon receiving the package from CBP. CBP reserves the right to disqualify any photographs that are provided beyond a reasonable time frame.
The review process may take up to 8 weeks from the date filed to determine eligibility of reimbursement. During this time, CBP will be investigating the point of which loss or damage may have occurred. No damage or lost will be assumed by CBP before the arrival of the package at the CBP U.S. Facility. In these specific cases, it is the responsibility of the Member to file a claim with the carrier that was assigned to deliver the package to CBP. CBP is also not liable for any loss or damage caused during the pre-packaging of any merchandise by the Member’s supplier. The Member is responsible to follow up directly with their supplier regarding this matter. Should CBP be liable for the loss or damage, the liability will be limited to the lesser of either the declared value, proof of purchase price or CBP maximum $200.00 CAD liability limit. Specific commodities, including televisions, computers, electronics, jewelry, furniture, and lighting have a maximum $200.00 CAD liability limit in the case of loss or damage regardless of the declared value or insurance costs paid. CBP holds the right to refuse to investigate claims that the Member fails to file within the given 30 day time limit and any such loss or damage claims will be released from CBP.
- Any packages shipped by the Member to any U.S. residential or business address must not exceed the total retail value of $800.00 USD. For greater certainty, no single package shipped to a U.S. residential or business address will exceed the total retail value of $800.00 USD nor will the combined value of multiple packages shipped to a single U.S. residential or business address exceed the total retail value of $800.00 USD. This regulation includes shipments with an International final destination that enter the United States.
- Any packages shipped by the Member to a U.S. residential or business address shall be declared in retail value. For further clarity, wholesale values are not accepted as retail values. Retail value is the price the buyer paid for the goods. This definition does not apply to wholesale. The value declared on wholesale shipments must reflect the retail value of the product had the buyer purchased them without the wholesale discount.
- Any liabilities, penalties and additional charges for discrepancies in the value declared or inaccuracy of the information provided will be charged to the Member. CBP has full right to withhold and refuse to ship any misdeclared packages.
- Should the Member use CBP Services to obtain postage to ship their package within Canada, U.S. or internationally, the Member is required to also use CBP’s delivery service to ship that package. The Member may not by any means purchase postage(s) through CBP and drop off the package with another service provider or carrier. The Member is also liable for all postage chargebacks for any incorrect information provided with the intent of lowering postage fees. The Member is responsible for the difference in the charges and may be subject to additional administration fees for mis-entry. Should CBP suspect misuse by the Member, the account will be suspended or cancelled immediately.
- The contents of all packages shipped with CBP must be fully and accurately described in the U.S. Customs Manifest. Generic descriptions are not permitted and declaring quantities are mandatory. If by request of CBP or U.S Customs for an invoice or receipt and the price paid for the merchandise is not listed on the invoice provided by the Member, or if no invoice is available, the Member is responsible for providing CBP with the true and accurate price that the Member paid for the merchandise. In all circumstances, the Member represents and certifies that any value provided to CBP and U.S Customs is true and accurate. CBP reserves the right to periodically review values and may request additional documentation to support the values entered by the Member. The Member is subject to civil and criminal penalties for making false or fraudulent statements to the U.S. Customs or for the violation of any U.S. laws or regulations on exporting merchandise.
- All gift(s) using CBP services by the Member for the purpose of sending package(s) to a friend or relative that lives in the U.S. will be subject to CBP processing and the required customs declaration before entry into the U.S. To classify as gift item(s), the package must not exceed the maximum retail value of $100.00 USD. The Member may be requested to provide a sales invoice or receipt for the gift item(s).
- Should the gift value(s) be incorrectly declared by the Member, CBP reserves the right to make the necessary corrections to the retail value on behalf of the Member based on the competitive retail pricing available at the time of inspection. Regardless if classified as “gift” items, all gift item(s) must be declared with a value and will still require inspection and verification by CBP and U.S Customs Authorities. All documents requested must be provided promptly to CBP in order to prepare the package for custom clearance. The Member fully understands that the repackaging of gifts to the original shipped condition are not the responsibility of CBP and U.S. Customs.
- For all pick ups, bookings should be made no less than 48hrs in advance in order to secure the pick up time slot. Anything less, CBP cannot guarantee the pick up. A 24hrs cancellation notice is required, otherwise, a cancellation fee may apply at the discretion of the Company.
- Claims for a lost or damaged package must:
- Be filed within 30 days following the date the package was dropped off and checked-in by CBP.
- The package must have a valid tracking number associated to the order in our CBP Web Solutions.
- All claims must be accompanied by a supporting document in the form of a receipt or invoice.
- If applicable, have valid photographs of the damaged item. The photographs must be taken by the recipient upon receiving the package. CBP reserves the right to disqualify any photographs that are provided beyond a reasonable time frame.
The review process may take up to 8 weeks from the date filed to determine the eligibility of reimbursement. During this time, CBP will be investigating the last point of contact and will do its very best to determine the point at which loss or damage may have occurred. No damage or loss will be assumed by CBP once the package has been transferred to another carrier. From this point onwards, the carrier will be responsible to ensure the package has reached its final destination without any loss or damage. In these specific cases, it is the responsibility of the Member to file a claim with the respective carrier(s) directly. Should CBP be liable for the loss or damage, the liability will be limited to the lesser of either the declared value, proof of purchase price paid or CBP maximum $100.00 CAD liability limit. Specific commodities, including televisions, computers, electronics, jewelry, furniture, and lighting have a maximum $100.00 CAD liability limit in the case of loss or damage regardless of the declared value or insurance costs paid. CBP holds the right to refuse to investigate claims that the Member fails to file within the given 30 day time limit and any such loss or damage claims will be released from CBP.
CONFLICT OF LAWS:
This Agreement and all disputes concerning this Agreement shall be governed by the applicable law and the applicable regulations of the United States and by the applicable regulations of any agency of the United States, without applying conflict of law principles that would result in applying any state law or state regulation other than those of New York. The parties, in all disputes between them, consent and submit to the exclusive jurisdiction and the exclusive venue of the United States courts and the parties waive all claims that such jurisdiction and venue is improper or inconvenient. In all lawsuits to enforce or interpret this Agreement, the parties waive all rights to a jury trial, and in such actions, the prevailing party shall recover from the other party the prevailing party’s costs and expenses, including the prevailing party’s attorneys, experts, and consultants. Notwithstanding the foregoing jurisdiction, and venue restrictions, the party in whose favor a judgment with respect to this agreement is entered shall be entitled to enforce that judgment in any jurisdiction in any venue.
You agree to adhere to the following guidelines when using this Website:
- You are legally competent to enter into this Agreement as applicable under the laws of your jurisdiction.
- You shall not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- You may not publish, post, advertise, distribute, disseminate, or upload any defamatory, infringing, obscene, indecent or unlawful material or information.
- You may not upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control all necessary rights to the files or have received all necessary consents.
- You may not upload files that contain viruses, corrupted files, or any other similar software, code, or programs that may damage the operation of another’s computer.
- You may not delete or modify any author attributions, legal notices or proprietary designations or labels in any information that is published, posted, advertised, distributed, disseminated, or uploaded.
- You may not falsify the origin or source of information or material published, posted, advertised, distributed, disseminated, or uploaded.
- You may not conduct or forward surveys, contests, chain letters, or commercial solicitations.
- You may not download any material or information published, posted, distributed, disseminated, or uploaded by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
- You may not provide personal information of others without their express permission.
- You may not provide personal information of any individuals under the age of 13.
- You may not access or attempt to access CBP’s information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained, or log into a server that you are not authorized to access.
- You may not attempt to circumvent or subvert system or network security mechanisms or probe the security of any system, network, or account associated or used in conjunction with this Website.
CANADIAN CLEARANCE AUTHORITY STATEMENT:
By using CBP for transferring goods from the US to Canada, I hereby authorize the agent chosen by CBP, William L. Rutherfords to act as my agent and to transact business with the Canada Border Services Agency (CBSA) to clear my merchandise and to account for duties and taxes.