UTEC USA LLC (hereinafter – «the Contractor») offers any physical or legal person to receive services for international express delivery of Goods purchased by a physical or legal person from the Seller in accordance with the provisions Public Accession Agreement.
UTEC USA LLC, will use reasonable best efforts to prevent any fraudulent use of UTEC USA LLC, Inc service. UTEC USA LLC, works diligently to prevent credit card fraud and cancels any accounts engaged in such activity and returns the merchandise to the merchant. UTEC USA LLC, requires documentation to ensure against fraud, such as requiring copies of identification and credit cards. UTEC USA LLC customers are solely liable for accurately providing all information required by United States' laws and regulations, including information on the value or export classification of merchandise, and for maintaining all records as required under law. Civil or criminal penalties may be imposed by the U.S. Government for making false or fraudulent statements with respect to this information.
These conditions are binding and an integral part of the Public Agreement.
CONDITION ONE 1.1. The Contractor organizes and transports the goods purchased by the Customer independently at the international shopping platforms in accordance with the data provided by the Customer. Transportation of goods to the destination is carried out taking into account the tariffs and classification in force on the date of departure. The Contractor does not guarantee that the Goods are not damaged at the time of the conclusion of the Agreement. Freight fees are paid on a prepaid basis. The customer pays for the services.
CONDITION TWO: Limitation of Liability
2.1. The Contractor's NOT LIABLE UNDER CERTAIN CONDITIONS The Contractor's shall not be liable for loss of the Goods caused by or attributable to an act of God, Queen's or public enemies, authority of law, quarantine, riot, strikes whether partial or general, perils of the sea or navigation of a ship, act or default of the Sender, inherent defect in the Goods, or any conditions beyond the control of the Contractor's, including but not limited to: nuclear reaction or radioactive contamination; extreme weather conditions, including but not limited to floods, snow falls, slippery roads, or any other event beyond the control of the Carrier impeding the passage of transport; changes in the laws or regulations of the country of destination, including but not limited to the closing of roads in the country of destination; improper, incorrect or incomplete addresses as set out by the Sender; the Consignee having moved or for any reason no longer residing or by reason of being absent for any reason from the address provided by the Sender; or the Goods being seized, detained, confiscated, appropriated, or the delivery of the Goods being delayed by governmental agencies in countries through which the Goods are transported up to and including their ultimate destination as per the consignment.. The Contractor's under no circumstances shall be liable for any material damage for any reason claimed to be a result of the failure by the Contractor's for any reason to deliver in timely fashion and/or full or partial loss of the Goods, except as specifically provided for herein.
2.2. DELIVERY DATE ESTIMATES Sender acknowledges that dates of delivery are estimates only and are provided without warranty or guarantee. The Contractor shall not be liable for any special, consequential or other damages to any party caused by any delay in delivery of the Goods under any circumstances. The Contractor shall not be liable for any damages claimed by or any payment of compensation of any nature to the Sender in the event of any delay in delivery of the Goods.
Тhe Contractor NOT LIABLE FOR PROHIBITED GOODS/SENDER WARRANTY AND NOT INDEMNITY The Contractor shall not be liable for any loss by any party of any items that may be prohibited or contraband of any kind, for any reason, in the country of destination or any country through which the Goods may pass including, without limiting the generality of the foregoing, negotiable instruments, cash, precious metals, stones and jewelry, and any other objects that may by determination of the regulatory officials of said country or countries to be in the nature of luxury objects. The Sender acknowledges that the Goods will be subject to inspection by customs and other government agencies and the Contractor shall not be liable for any loss or damage of any kind to or in respect of the Goods as a result of or relating to dealings by agencies of any kind whether proper or improper. The Sender acknowledges that customs and similar inspections may result in delays to delivery. The Sender acknowledges that it is prohibited and unlawful to include in the Goods being shipped any arms, controlled substances, explosives or explosive substances, flammables or any other similar objects that might damage the shipment. The Sender warrants and guarantees that the Goods contain no such items. In the event the Goods contain such items, the Sender admits liability and shall be solely responsible for and shall indemnify the Contractor against all claims, damages, charges or suits made or brought in relation thereto.
2.3. SENDER’S OBLIGATIONS The Sender acknowledges having confirmed with the Contractor that it is the Sender’s obligation: to establish the applicable customs rules of the country of destination to determine whether the Goods are duty-free; to establish a time frame for delivery of the Goods to the country of destination and in particular deliveries during Christmas and Easter seasons; and to pay all duties and taxes relating to the Goods and the carriage thereof, and to this end Sender acknowledges that duties and taxes are applied by the country of destination of the Goods.
CONDITION THREE: Notice of Claim Procedure
3.1. The Contractor shall not be liable for the loss of the Cargo.
3.2. The Contractor shall not be liable for the loss of the Goods unless the Sender or Consignee reports the loss to the Contractor. Notice of any claim must be given in writing within fourteen (14) days from the estimated delivery date to the Contractor by registered mail or personal delivery to the Contractor. All claim notifications must include: sender’s copy of this form (Customs Declaration); full address information, including but not limited to parties to and parties; the package number; a clear and limited statement of the nature of the claim, including value.
3.3. The Contractor shall be released from any liability for damages arising from the Agreement if the sender or recipient does not initiate legal proceedings on the origin of the process in the relevant jurisdiction against the Contractor within sixty (60) days of delivery of the Goods, or within 4 (four) months from the expected date of delivery in case of non-delivery. Failure to commence such legal suit by originating process within that time period shall operate as a complete waiver of such suit and a release of any and all claim against the Carrier.
CONDITION FOUR: Partial Invalidity and Severabilit 4.1. The terms of Contract shall be separable, and if any provision or any part of any provision be held by any court of competent jurisdiction to be invalid or unenforceable, the holding shall not affect the validity or enforceability of any other provisions or part in Contract.
CONDITION FIVE: Limitation of Liability of Officers or Agents 5.1. The Customer agrees that no agent of the Contractor (including any independent contractor hired by the Carrier) shall in any circumstances be under any liability to the Sender, Consignee or owner of the Goods or to any holder of Contract for any loss, damage or delay of any kind resulting directly or indirectly from any act, neglect or default on the Contractor part while acting in the course of or in connection with his employment and without prejudice to the generality of the provisions of this paragraph, every condition contained and every right, exemption from liability, defense and immunity of any nature applicable to the Contractor to which the Contractor is entitled shall also be available and shall extend to protect any agent of the Contractor acting as mentioned and for the purpose of all provisions of this paragraph the Contractor is or shall be deemed to be acting agent or trustee on behalf of and for the benefit of all persons who are or might be his servants or agents from time to time (including independent contractors) and all those persons shall to this extent be or be deemed to be parties to the contract in or evidenced by Contract.
CONDITION SIX: Modification of Contract and this Conditions 6.1. The Contractor reserves the right to substitute alternate modes of transportation for that selected by the Sender on the front of Contract and this Conditions. Any exercise by the Contractor of this right shall in no way affect the maximum liability of the Contractor aforesaid. Contract and this Conditions constitutes the entire contract between the Carrier and the Sender. NO AGENT OR REPRESENTATIVE OF THE CARRIER HAS AUTHORITY TO ALTER, MODIFY OR WAIVE ANY PROVISION OF THIS CONTRACT and this Conditions.
CONDITION SEVEN: Applicable Law 7.1. This Conditions and contract shall be interpreted and governed by the laws of the State of New Jersey, USA.