CONDITIONS
OF THIS SERVICE AGREEMENT
JETMAIL -IK
OBJECT
OF THE AGREEMENT: The present agreement's
object is the rendering of transport service
by Jetex, in favor or the Client, of non-negotiable
documents and articles or objects allowed
by active laws of the United States of
America and Costa Rica, and which are
not restricted by norms or agreements
regulating international air transport,
between the street and postal address
above mentioned in this Agreement, in
the city of Miami, Florida, United States
of America, and the address in San Jose,
Costa Rica, also mentioned above by the
Client and vice-versa.
JETEX
OBLIGATIONS:
1.
Jetex will make available for the Client
a postal address (P.O. Box) and a street
address in the city of Miami, Florida,
USA, where documents and packages will
be received consigned for the Client in
the city of San Jose, Costa Rica.
2. Jetex is responsible for transportation
of non-negotiable documents and/or packages
received at the postal or street address
in Miami, toward the city of San Jose,
and for their distribution to the address
described in this Agreement when and if
these packages comply with requirements
established in this Agreement. Correspondence
and packages will be delivered to any
person present at the address indicated
by the Client, whom is presumed to be
authorized to receive it.
3. Jetex is not responsible for packages
not received at the postal or street address
assigned to the Client in Miami, FL.
4. Jetex guarantees frequent transportation
of the correspondence and packages to
Costa Rica from the United States, as
long as these comply with legal and customs
requirements by authorities, both in the
United States of America as in Costa Rica.
5. Jetex is not required to perform points
2 and 4 mentioned above, and is exonerated
of all liability for noncompliance in
case of uncontrolled situations, freak
cases and other events such as strikes,
temporary closing of airports, terrorism,
accidents, assault, civil commotion, public
order altercations, expulsions, fire,
fire-fighting and similar actions. It
is also not required to comply with time
deliveries described when delays are caused
by customs paperwork in Costa Rica and
/or the United States of America.
6. Jetex will not open envelopes or packages
sent through this service, unless port
authorities at points of departure or
entrance so demand it. Both parts express
their awareness that the content of packages
sent is exclusively the Client's responsibility
and must adhere to all regulations and
prohibitions established by competent
authorities.
7. The Client accepts that packages and
correspondence are subject to checks by
customs authorities of Costa Rica, and
that any expense and/ or duty generated
by these will be paid for by the Client.
8. In case of lost packages that were
effectively received by Jetex, liability
will not exceed the amount of US$20.00
per kilogram.
9. Jetex will not be held liable for shipments
held by customs authorities, in the United
States of America or in Costa Rica. In
this case, the Client must present whatever
documentation these authorities require.
Costs of these transactions will be covered
by the Client.
CLIENT'S
OBLIGATIONS.
1.
The Client certifies to Jetex that all
shipments in his/her name comply with
established regulations enforced by competent
customs authorities in Costa Rica and
the United States for small exports and
similar. Any violation of customs regulations,
whether in the United States of America
or in Costa Rica, resulting in shipments
in excess of outside legal bounds, in
an exclusive responsibility of the Client.
2. The Client accepts that packages and
correspondence are subject to checks by
customs authorities of Costa Rica, and
that any expense and/or duty generated
by these will be paid for by the Client.
3. The Client commits to instructing all
senders and correspondents on the correct
way to make the shipments, and Jetex is
not liable for shipments not correctly
addressed to the location described in
this Agreement.
4. The Client commits to abstain from
making shipments or letting third parties
make shipments that do not comply with
regulations of United States of America
and Costa Rica. Specifically, there will
be no shipments of cash, narcotics, high
risk radioactive chemicals, or products
that endanger the physical integrity of
the carriers or their equipment, or items
for which transportation is restricted
by legal normative from the United Sates
of America and Costa Rica. Thus, The Client
exonerates transportation is restricted
by legal normative from the United States
of America and Costa Rica. Thus, The Client
exonerates Jetex from all legal responsibility
and liability to the authorities, that
might arise from transportation of this
type of article, and will assume responsibility
for payment of any fine or sanction imposed
to him/her or to Jetex.
5. The Client accepts openly, that competent
authorities in the United States and Costa
Rica may verify the content of shipments
using any medium, commits to comply with
current regulations and frees Jetex of
any liability for damages, inconveniences
or delays that might arise from these
actions.
6. The Client commits to strictly adhere
to maximum weight/volume specifications
allowed by cargo airlines for this type
of cargo; such specifications are an integral
part of this Agreement. In the case of
exceeding these specifications, The Client
will pay any additional expense related
to the excess, which will be transported
by Jetex via any airline, and subject
to space limitations.
7. The Client will pay Jetex upon delivery
of each shipment, the invoice generated
by charger related to the shipment, which
are detailed in this Agreement, or subscribe
to a current account agreement when qualified
to do so.
8. Jetex will detail in the invoice, weight
and value of the rates accorded in this
Agreement, plus customs and duty expenses
that Jetex has paid on behalf of the Client.
9. The Client is in charge of re-directing
his/her correspondence from the moment
of expiration or termination of this Agreement,
for any reason. Jetex does not assume
any obligation related to correspondence
received in the Client's name after termination
of the Agreement, and is therefore authorized
to discard it.
RATE:
The above indicated is the basic rate
for this Agreement. This can be adjusted
by Jetex, in response to cost increases
and /or any other factors that might affect
the service. No rate change will affect
the conditions of this Agreement for the
time of its validity.
VALIDITY
OF AGREEMENT:
The present Agreement will have a validity
of 6 months after its signing, and can
be indefinitely prolonged for equal periods
of time. These renewals will be automatic
unless the Client or Jetex express the
wish to end it in writing.
TERMINATION
OF AGREEMENT:
Jetex reserves the right to end the present
Agreement without any liability, A) When
the Client does not pay the invoices presented
on time, according to the terms of this
Agreement, or when check payments are
not cleared due to lack of funds. B) When
The Client gravely fails to comply with
any of his/her obligations, as judged
by Jetex.
Any part may end this AGREEMENT AND ITS
OBLIGATIONS with only written notice 10
days in advance.
AGREEMENT
TRANSFER PROHIBITION:
Neither Jetex nor the Client, may negotiate,
transfer or pass part or all of this agreement
or the rights described in it, except
by express written authorization from
both parts.
ARBITRATION:
Any and all controversies that might generate
from this consensus reached between the
parts, will be resolved by arbitration,
according to the Law Center of Conciliation
and Arbitration of the Costa Rican Chamber
of Commerce, to which both parts unconditionally
submit. In the case of arbitration, parts
will pay equally for fees, adjusting to
the fee table provided for that purpose
by above mentioned Conciliation Center.
NOTICE
ADDRESS:
Any communication or notice from one part
to the other relative to this Agreement,
will be made in original writing. For
this purpose, and according to article
4 of the Law of Notifications, Citations
and Other Judicial Communications, the
addresses used will be those described
by the Client and Jetex in this same Agreement.