Between: On the one hand, the company EPS, , incorporated in accordance with Dominican law, with its registered office located at José Ortega y Gasset Avenue, corner of Padre Fantino Falco, Ensanche Naco, in this city of Santo Domingo, duly represented by the person signing by her this contract, which in what follows will be called EPS, a company dedicated to providing merchandise, document, and courier transport services in the Dominican Republic, and the other party ___________________________________________, who lives at _____________________________________________________, duly represented by ____________________________, as _______________________, of _______________________ nationality, bearer of national identity card _______________, who hereinafter will be called THE CLIENT, and who, upon signing this contract, will be assigned an identification code EPS number _________.
PREAMBLE
WHEREAS: The terms and conditions indicated below constitute the contract between you (hereinafter THE CLIENT), as the sender of the shipment, and EXPRESS PARCEL SERVICES INTERNATIONAL INC., (hereinafter EPS).
WHEREAS: For all legal and contractual purposes, the customer is the shipper of the shipment referred to in this service order, EPS acting solely on its behalf.
WHEREAS: Both parties wish to sign an agreement that regulates their relations in the future by defining the obligations of each party, as well as the definitions of the terms to be used in it.
THE CLIENT is interested in obtaining the services offered by EPS and is willing to pay for them, as will be indicated later.
THEREFORE: With the understanding that the foregoing preamble is an integral part of this Agreement, the parties freely and by mutual agreement:
HAVE AGREED AND AGREED AS FOLLOWS
First clause. Object of the Contract:
1.1. THE CLIENT acknowledges that, from the acceptance of this contract, hires the services of EPS to provide its Courier and Cargo service and other services indicated in clause 4 of this contract, in accordance with the terms set forth herein. The provision of these services will entail that THE CLIENT acquires the right to make use of the physical addresses and post office boxes that EPS has abroad, for which THE CLIENT must abide by all the provisions of this agreement.
1.2. As a consequence of the foregoing, EPS is obliged to provide the services ordered by THE CLIENT, in accordance with the provisions of this document. For the purposes of this agreement, shipment means all correspondence, packages or bags that travel under said contract. THE CUSTOMER undertakes to provide the details of the shipment completely, exactly, and sufficiently to locate the recipient’s address.
Second clause. ID for membership use:
2.1. EPS will provide the client with electronic affiliation via the web, which is carried out by filling in each required space of the affiliation form, where the transport regulations and shipping policies, confidentiality and business security are reflected. Before picking up the first package, you must sign the Affiliation Confirmation document and Terms and Conditions at one of the EPS offices. Once you complete your registration, your membership card will appear immediately when you enter your account on our website.
2.2. Through electronic affiliation, a user number and password are assigned to the CLIENT to access the system and manage their cargo. Through this Contract, the client has the option to change their username and password as soon as they access their virtual account.
2.4. In cases where the contract is between a natural person and THE COMPANY, THE CLIENT can authorize people to pick up packages, the main CLIENT being solely responsible for the payments of everything received in the account and the cancellation of the same. These authorizations can be made by the customer, presenting themselves to a service representative at the company’s offices or by sending an email to our customer service and membership department.
2.4.1. The client, whether he is an individual person (and has appointed a representative), or a legal entity, must inform in writing in advance if there has been any change in the identity of the person designated as an authorized representative to pick up packages. In the absence of this communication, EPS will deliver the packages to whoever appears as an authorized representative in our files.
2.5. When the contract is signed with a legal person, shipments must be consigned only to the company name and to any authorized official or executive who works for the company, the affiliated company being responsible for managing the account. The CUSTOMER is prohibited from assigning this contract in any way without the prior written consent of EPS. If the subscriber contravenes this stipulation, the transfer will not have legal effects. The parties establish that the service to be provided by EPS may be supported by virtually generated documents, for which it is established that this contract is protected by the Dominican Republic’s Electronic Commerce and Digital Signatures Law enacted on September 4, 2002;
2.6. EPS will only deliver correspondence, packages or bags against the validation of your member number and your identity card or passport that guarantees that it is the person to whom the member number was issued.
2.7. In the event that the person to whom the membership card containing the affiliate number was issued is unable to personally collect their correspondence or package, they must proceed in accordance with the provisions of clause 2.4. The person that THE CLIENT sends to pick up the package or correspondence must present their identity card to identify them as an authorized person. In the event that the conditions established in this clause are not met, EPS will not deliver the correspondence, packages and/or bags, until these provisions are met, and THE CLIENT must present written evidence that he informed EPS about the appointment of his representative.
Third clause. Address:
3.1. To receive your correspondence and packages through EPS, THE CLIENT must inform their senders that all their correspondence and/or packages must be sent to the following address:
Correspondence Packages
Subscriber Name Subscriber Name
P O Box 025650 Miami. 8298 NW 21st St.
EPS _________ EPS_________
Miami, Fl 33102-5650 Doral, FL. 33122-000
Fourth clause. Services offered.
4.1. The services offered by EPS are the following:
The receipt of correspondence, packages and bags abroad that are duly addressed to THE CLIENT, and their transportation to the Dominican Republic;
The shipment abroad of correspondence, packages and bags duly delivered by THE CLIENT at the EPS offices in the Dominican Republic, in accordance with the specific instructions of THE CLIENT, which may be: a) Deliver to the American mail; b) Deliver to a private land, air or sea transport company;
In any of the cases mentioned above, correspondence, packages and bags will be handled according to the type and classification of the service(s) chosen by THE CLIENT.
Stamp services: It consists of placing any postal stamps missing on the correspondence sent by THE CLIENT through EPS. THE CLIENT will pay additionally for the placement of seals and for the costs of EPS services.
Local Messaging Service: It consists of collecting or sending correspondence, packages, and bags that THE CLIENT receives or wishes to send through EPS in the national territory. The cost will be according to the current rate in the market, included in our rate present in all our EPS branches and on our website.
Order Service: Consists of assisting THE CLIENT in placing the order that THE CLIENT makes to its supplier abroad. THE CUSTOMER will pay directly to his supplier for the value of his purchase and will pay EPS for the values generated by the transportation service.
Insurance Service: Consists of EPS carrying out the necessary procedures with an insurance company accepted by THE CLIENT, to insure the goods transported by EPS when they exceed the value of two hundred (US$200.00) dollars. In that case, THE CUSTOMER must pay for the chosen policy. THE CUSTOMER understands and accepts that in cases where this service is not requested or declined, THE CUSTOMER is solely responsible for the damages to which the transported goods may be subject.
Customs Service: EPS will carry out, on its own account and on behalf of THE CLIENT, the customs procedures required by Dominican law. THE CLIENT is responsible for the payment of duties and taxes, fines and penalties that may be generated by the customs handling of their merchandise, as well as the expenses that EPS may incur for the customs procedures corresponding to their packages, in accordance with the current tariff. included in our rate present in all our EPS branches and on our website.
In the event that the client decides to carry out the customs formalities, he must make the request in writing to EPS.
Foreign courier service: It consists of collecting the correspondence, packages, and bags of THE CLIENT at the foreign address indicated by him/her or the address selected by EPS. THE CUSTOMER will reimburse EPS for the expenses incurred in the execution of this management, reflecting the detail of these expenses within the invoice.
COD Service (Complementary service charge against delivery): It consists of assisting THE CLIENT in the processing of payments related to the merchandise. These payments are for the value of the merchandise, delivery service, guarantees, purchases or preparation of packaging.
Sea cargo: it is the transport of heavy, loose cargo or containers, import or export. Your heavy cargo will arrive correctly and safely anywhere in the world where EPS has a representative, in accordance with our international agreement with the United Shipping Association.
Air cargo: it is the transport of your heavy cargo that requires greater speed at a better price. From 100 pounds with origins in Miami, Europe and Asia.
Internet shopping (e-shopping): online shopping services and through catalogues at EPS offices. We offer you advice in the search for the best offers.
Other Services: EPS may offer other services such as customs handling in the countries of origin or destination, packaging, insurance, guarantees, purchases, internal transportation, segregation, review and any other service related to cargo handling and transportation, at the request of EL CLIENT, which is understood to facilitate the provision of transport services for EPS through this contract, and THE CLIENT must reimburse EPS for the expenses incurred in those services used, upon presentation of an invoice by EPS.
Fifth clause. Cost of service:
5.1. EPS will charge THE CLIENT the minimum value, up to no more than one (01) pound of weight for the merchandise transported to or from abroad, according to the price list in force at the time of billing, plus additional charges as may be fuel adjustment, Dominican Customs Authority (DGA), customs taxes if applicable and guarantee, itemized within the corresponding invoice.
5.2. Taxes. They must be paid to EPS within three (03) days counted from the day of arrival of the package(s) in the country, both for corporate clients and for individuals. EPS will advance the payment of taxes before the DGA (Dominican Customs Authority) on behalf of the client, so that the merchandise is available within the EPS offices in Santo Domingo and other branches, to provide better customer service.
5.2.1. For individuals, taxes may be reimbursed to EPS by credit card up to the amount of RD$5,000.00 Dominican pesos; if the taxes exceed said amount, they must be paid to EPS by bank transfer or cash.
5.3. In the event that THE CLIENT has not withdrawn their correspondence, packages and bags from the EPS offices within a period of thirty (30) days counted from the receipt of the same by EPS, EPS will charge THE CLIENT a storage fee monthly of 5% of the value of the transport. The client will be notified via email of the arrival of his package and will receive notifications every 30 days of having received his package via email, in case he has not picked it up. In the event that the client has not withdrawn his merchandise within a period of ninety (90) days, THE CLIENT authorizes EPS to dispose of all correspondence, packages and bags, in the manner it deems appropriate.
5.4. The price of the services offered through this contract is subject to being modified by EPS, with fifteen (15) days’ notice to the CLIENT by digital media, website, physical rate present in all our branches and by email. The prices vary based on the changes dictated by the market, both nationally and internationally, and especially the fluctuations of the currency market, THE CLIENT accepts said modifications as good and valid.
5.5. THE CLIENT informs and commits EPS to carry out on its own account and on behalf of THE CLIENT all Dominican customs procedures and the expenses that this generates in Dominican territory. THE CUSTOMER will reimburse EPS, upon presentation of an invoice, the payment thereof at the time of picking up their packages and is obliged to pay the taxes corresponding to packages that exceed US$200.00 (two hundred American dollars) with value, cost, and freight rate, so that customs can release the package and send it to the store to be picked up by THE CUSTOMER.
5.6. The CLIENT, in order to make payments for the services used, may choose between the following payment methods:
Credit: In the event that EPS has granted credit to THE CLIENT, the CLIENT must pay EPS by any means of payment (check, bank transfer, cash, credit card) the sums owed for the services provided under this contract, or any other value that is billed, within thirty (30) days from the billing date. After 30 days from the billing date, payments with credit cards are not allowed.
Paragraph: In case of non-compliance with the payment obligation by THE CLIENT, in the manner and term indicated above, EPS will charge 5% per month on the capital owed for late payment, plus the legal expenses generated in case of starting a compulsive collection process with THE CLIENT, prior notification of invoice.
Cash: THE CUSTOMER agrees to pay in cash or by credit card to EPS at the time of receiving the transported goods or receiving the requested service.
Sixth clause. Company obligations:
EPS undertakes to deliver the shipments in the same conservation conditions in which they were received at the Miami warehouses.
EPS guarantees the sending of correspondence and parcels to the Dominican Republic from the United States, as long as said shipments comply with the legal and customs requirements of the authorities, both Dominican and North American, detailed in point 8.10 of this contract.
The delivery time of the package contracted through the courier service in Santo Domingo, R.D., is from 24 to 72 working hours for packages, counted from the arrival of the same in Miami, USA. Said term may vary according to the limitations, causes of force majeure or fortuitous event situations.
Seventh clause. Obligations of the consumer client:
Have the legal capacity to contract and be over 18 years of age.
Check your merchandise at the time of delivery.
Pay for the goods transported and delivered at the time of receipt and verification.
Provide complete, accurate and sufficient data of the shipment to locate the recipient’s address.
Accept the means of payment (cash, transfer, or credit card) established for the products and services.
Pay the insurance that is charged to packages that exceed two hundred US dollars with 00/100 (US$200.00) and if they are not paid, assume responsibility for the shipment by downloading this form to EPS.
Respect and accept all the conditions established here.
Will have the obligation to communicate any fact that has produced an improper use of the membership, information, theft, loss, or unauthorized access to your account.
Eighth clause. Responsibilities:
8.1. No employee of EPS or any person is authorized to modify the terms, conditions and agreements in this instrument, or to make offers on behalf of EPS.
8.2. It is the full responsibility of THE CLIENT that both he and his sender comply at all times with the current regulations and applicable laws detailed in point 8.10. Receipts and shipments are subject to inspection, verification withholding, and payment of taxes corresponding to the exit or entry to Dominican or North American territory. THE CUSTOMER agrees to the immediate payment of said taxes and rights according to the applicable laws, upon presentation of an invoice.
8.3. The parties agree that this contract and the transportation service provided by EPS are governed by the rules of Courier service and those of the international postal code, customs laws, health laws and any other of the countries to which EPS has access in its services and the parties accept by endorsing all the provisions contained therein. Next, as an integral part of this contract, we make the links available to the CLIENT so that they can observe and respect the aforementioned regulations:
https://www.aduanas.gob.do/media/9805/norma-general-01-2018-sobre-envios-couriers-con-finalidad-comercial.pdf
https://www.aduanas.gob.do/media/2182/3489_ley_general_de_aduanas.pdf
https://www.aduanas.gob.do/media/2229/402-05_que_aproba_reglamento_despacho_expreso.pdf
http://www.upu.int/en/the-upu/the-upu.htmlhttp://apw.cancilleria.gov.co/tratados/AdjuntosTratados/92f4b_UPU%20-%20CONV%20Y%20PROT%20FINAL%202008 .pdf
https://es.usps.com/ship/shipping-restrictions.htm
8.4. THE CLIENT authorizes that their packages be inspected, reviewed and opened in accordance with the regulations and standards of the TSA (Transportation Security Administration), the entity that regulates air cargo in the United States.
8.5. THE CLIENT is responsible for the documents required for import or export to be true, such as the commercial invoice, licenses, certificates and permits and others; Therefore, THE CUSTOMER releases EPS from all responsibility, in relation to the importation and customs clearance of the merchandise against any alteration of the import or export declaration, concealment of merchandise in containers and packages, incorrect or late payment of taxes, etc. before the corresponding authorities. EPS is only the manager of the import property of the CLIENT but is not an importer and therefore is limited to processing the information sent by the client to the competent authorities.
8.6. EPS is a transport company contracted by the final consumer of the product; In this way, it is not part of the marketing chain -manufacturing, production or distribution- of said product as it is not contracted by its seller, manufacturer or distributor, due to not having any contact or interest in the product. Consequently, it is only linked to the product by the affiliation contract with the CLIENT or its final consumer who purchased said product, for an exclusive courier transport service.
8.7. According to the previous clause, EPS is not obliged to respond to the delays and non-delivery of the carrier chosen by the client and the seller of it at the time of the sale of the product; because it has no interest in the commercialization of said product and is not part of its distribution.
8.8. EPS in accordance with clause 8.6. Regarding the fact that it is only linked to the product through the contract entered into with its final consumer, it will not be liable for technical, mechanical, electrical, magnetic, electronic or any other damage that the transported goods may present; which must be claimed from the seller of the product. Nor will it be liable for delays, non-delivery, or errors, among others, caused by the carrier chosen at the time of the sale of the product via the internet, by the customer and the seller of the product. It is the seller of the product and the transport company chosen by the seller and the customer at the time of the sale of the item, who must respond for their delays and non-delivery.
8.9. It is understood between the parties that in the service contracted by THE CLIENT, the sending or receipt of Money Orders, Travel Checks, Cash, Perishable Items, Alcoholic Beverages, glasses, Live Animals or Animal Skins, Spray Products, CO2, Seeds – Plants – Wood; Explosives, Fuels and Corrosives; Firearms, Bullets or Ammunition, Medicines, Drugs and Narcotics; Any item whose first ingredient is Alcohol, Cleaning Solutions, Fireworks and Gunpowder, Gas, Tear Gas and Pepper Gas, Lighters or Matches, Batteries containing chemicals…
Clause ninth. Claims:
9.1. THE CUSTOMER must check his package before leaving the EPS facilities. No claim will be accepted after the expiration of the period of twenty-four (24) hours from receipt of the package. In the case of home deliveries, the deadlines to claim are forty-eight (48) hours from the receipt of the package.
9.2. In the event of an irregularity with the package (merchandise arrived incomplete, damaged, differences in weight, wrong locker, empty packaging) THE CUSTOMER will proceed to fill out a claim form at the EPS offices and attach a copy of the invoice paid in EPS, Invoice of purchase of the item equal to that declared in the Dominican Customs Authority (DGA), accompanied by a photo to validate the damage. Subsequently, EPS will process the claim and investigate the conditions in which the merchandise was received and its packaging.
9.3. It is recommended that THE CUSTOMER, at the time of purchasing their products, hire Courier services or confirmed delivery services to Miami with their web seller, to guarantee their claim in the event of any inconvenience in the transportation of their goods from the seller to EPS Miami.
9.4. Deliveries to EPS Miami by the carrier chosen by the seller of the package and the purchasing client must be done during business hours and be registered at the EPS door as acknowledgment received and confirmation. This acknowledgment of receipt is what will serve as proof to support any claim.
9.5. The weight of the package will be the one registered and weighed by EPS in Miami.
9.6. Regarding the packages that are sent by the seller and the client to EPS Miami and the client does not receive the notification of the arrival of said package to EPS Miami; The latter must contact their vendor or the company chosen to transport the package to EPS-Miami and send EPS the confirmation of receipt of their package in Miami, received by an authorized EPS signature during business hours, so that your claim may be admissible or at any other address registered by EPS in other countries of the world.
9.7. Similarly, the customer must take out insurance to transport their glass packages, in order to guarantee their purchase in case these packages are damaged.
9.8. Claims for defects in products purchased through online auction companies must be made directly to the seller of the product. It is recommended that customers choose reliable and safe sellers to purchase through online auction companies by reading all product information.
Tenth clause. Confiscation of packages:
10.1. Mail and parcels that are not picked up by customers within a period of ninety (90) days for packages and merchandise, and sixty (60) days for mail, catalogues and magazines, previously notified and informed to the customer by email; Counted from the receipt of said package in the EPS warehouses, they will be subject to confiscation, and it will be understood that they have been abandoned by the client, for which he authorizes EPS to dispose of such correspondence or parcel in the way he deems appropriate. , after the customer has been notified by email.
10.2. Every thirty (30) days, the client will receive a notification by email of the withdrawal of his package or correspondence, in case it has not been withdrawn from our offices.
Clause eleventh. Contract period:
11.1. This contract will govern the contractual relations between the parties. The modifications to this contract, after being registered and published in accordance with the General Consumer and User Protection Law No. 358-05, will be informed through our website, as well as its inextended content will be found online.
Twelfth clause. Causes of Cancellation:
12.1. In the event that THE CLIENT has decided to pay with the credit modality granted through the credit card, the parties agree that in the event that the issuing bank of the credit card, authorized by THE CLIENT as a payment instrument, rejects the payment of the sums or values owed by THE CLIENT this contract will be automatically rescinded, prior written notification of the debt to the client and the granting of a grace period of ten (10) days for payment. In the absence of making the payment, THE CLIENT authorizes EPS to liquidate and dispose of all the packages and bags that are in its warehouses to recover the amounts owed
12.2. THE CUSTOMER who shops with stolen credit cards will be sanctioned with the cancellation of the EPS membership, prior notification.
Thirteenth clause. Applicable law:
13.1 THE CLIENT agrees and accepts that the relations arising through this contract will be subject to the provisions indicated in this agreement.
13.2 However, the parties agree that this contract will be governed and interpreted by common law and by Law No. 358-05, for everything that has not been foreseen and their conflicts will be settled in accordance with common law and current regulations. protectors of both parties as the case may be.
Clause fourteen. Home:
The parties, by mutual agreement, make a choice of domicile for all the purposes and consequences of the same at the addresses set forth in the heading of this contract.
Done and signed in two (2) originals, one for each of the parties, in the City of Santo Domingo, Capital of the Dominican Republic, on the _____________ day of the month of ____________________, of the year _____.
By EPS, S.A. For the client
_______________________________ ______________________________
Seal and Signature Seal and Signature
Name ___________________
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