Terms and Conditions
TERMS AND CONDITIONS CANADA
These terms and conditions of service as amended from time to time (“terms and conditions”) govern all services provided or arranged by central america cargo agency ltd. (“cac”, “we”). Where the undersigned (“customer”, “you”) has entered into a corresponding agreement with cac, or our agent at the destination, these terms and conditions will govern to the extent of any conflict.
- By agreeing to our terms and conditions you accept that delays may occur, and all delivery times are given as estimates and are not guaranteed. Customers must be aware that unforeseen delays can occur for a wide range of reasons and that you will not receive compensation, or discounted rates, arising from such delay. Cac is not liable for or in respect of any loss or damage arising from any delay in filling any order, failure to deliver or delay in delivery.
- If required by cac, the freight and all other lawful charges accruing on the goods shall be paid before delivery.
- No delay in the shipment or delivery of any goods relieves the shipper, consignee, delivery agent on behalf of shipper, and/or receiver (collectively, the “buyer”) of its obligations under this agreement, including accepting delivery of any remaining instalment(s) of goods. We will attempt to contact you at the contact information provided below to inform you of any delays. It is your responsibility to ensure that the contact information provided is correct and remains up-to-date. You must accurately weigh and measure your item; your quote is based on the weight and dimensions offered. In the event that your item is not accurately weighed, you will receive an invoice for the difference in shipping cost, which amount shall be due upon receipt of invoice.
- You must ensure that the description and particulars of any goods are full and accurate. Any incorrect or inaccurate descriptions may result in refusal to accept the items for carriage. Any costs incurred due to incorrect information will be invoiced to you, which amount shall be due upon receipt of invoice.
- Customer shall properly pack, mark and ship goods and provide cac with shipment documentation showing the identification number for the subject goods, the quantity of pieces in shipment, the number of cartons or containers in shipment, customer’s name, the bill of lading number, the country of origin, and accurate collection address and any other information for the collection and/or delivery of goods as may be required.
- The shipment will not be released to the customer until such time as the customer signs an acknowledge of receipt of the shipment. The customer shall be solely responsibility for inspecting the cargo on arrival and in case of shortage or damage, make the relevant claim to the local authorities, and note that once you leave the airport or port grounds the claim will not proceed to any party. Goods that are removed from the delivery point will be considered acceptable and any damage will be deemed to have occurred after delivery has been completed. In no event shall cac, its subsidiaries and affiliates and their respective directors, officers, employees, contractors, agents or suppliers (the “cac parties”) be liable to you or any third party for any direct, consequential, special, incidental, indirect or punitive loss or damage of any kind rising out of or in connection with any offered service and/or for any breach of these terms and conditions, including but not limited to, property loss or damage, loss of profits, loss of business or goodwill, loss of use, business interruption, personal injury, death, any other pecuniary loss, even if such parties or any one of them have been advised of the possibility of such loss or damage or any claim by any third party. Any liability of cac for non-delivery of the goods shall be limited to adjusting the invoice respecting such goods to reflect the actual quantity delivered. In no event will damages be paid for items we advise customers not to use our service to transport or which we advise are sent at the customers’ risk including but not limited to, glass, porcelain, all electrical goods (including but not limited to, camera, tvs, hifis, mobile phones, tablet computers, laptop computers, printers and personal computers), valuables including but not limited to jewellery; liquid damage; loss suffered when goods have not been collected; loss or damage suffered when goods have not been packaged or labelled appropriately in accordance with our terms.
- You acknowledge there is also a penalty for the cancellation of any air waybill or bill of lading once the cargo has been delivered to our warehouses and documents produced, 5% of the amount paid by freight to our company, with a minimum of 25.00 cad. In such an event, the cargo shall be returned to you at the address provided below.
- If for any reason customer fails to accept delivery of any of the goods on the date fixed pursuant to cac’s notice that the shipment has been delivered at the delivery point, or if cac is unable to deliver the goods on such date because customer has not provided appropriate instructions, documents, licences or authorizations: (i) risk of loss to the goods shall pass to buyer; (ii) the goods shall be deemed to have been delivered; and (iii) cac, at its option, may store the goods until customer picks them up, whereupon customer shall be liable for all related costs and expenses (including, without limitation, storage and insurance). In the event that a customs authority seizes the shipment, or any portion thereof for any reason, we shall have no further liability to the customer in respect of the shipment, and cac shall be released from its obligations under these terms and conditions and any other agreement between cac and the customer.
- You represent and warrant that the content of the package does not contain dangerous goods, substances or articles forbidden to be transported by air or ocean.
- You represent and warrant that the cargo does not include any of the items listed in the list of prohibited items provided by transport canada and that you will not attempt to send any goods contained in this listing and also will adhere to any additional restrictions imposed by the collection or destination country.
- Some prohibited items as listed below:
- Aerosols or any other pressurized containers; toner cartridges; loose batteries & power banks; animals and animal products, firearms and firearm parts, ammunition, explosives, weapons (including imitations of same); flowers and plant products; human remains or ashes; medical samples; items that require a temperature-controlled environment; pornography; prescription drugs and pharmaceutical products restricted; religious artefacts; perishable, animal origin and controlled food articles and beverages including, but not limited to: fruit & vegetables, dairy products (including dried products containing dairy such as protein powder), meat, fish, nuts, seeds, wine, beer, spirits and champagne; or packages that are wet, leaking or emit an odour of any kind; valuables and high-value items including but not limited to antiques, paintings, jewellery, precious stones. Cash or other forms of tradeable currency; credit cards; passports or other confidential personal documentation; irreplaceable items; other dangerous/hazardous goods; counterfeit goods; other illegal or restricted goods.
- For more information, you can check the following link: https://www.tc.gc.ca/en/services/transportation-security/aviation/what-not-bring-on-plane.html, hiding or failure to declare dangerous goods it is a serious offence and may result on a penalty from transport canada starting at $50,000.00 cad up to $100,000.00 cad, https://www.tc.gc.ca/eng/tdg/publications-primer_e-263.htm.
- In case of any prohibited items were included in the shipment, it will not be loaded and will be returned to you. No refund will be provided for shipments returned under these circumstances and a between 50.00 to 100.00 cad security processing fee will be due before your shipment can be recollected. In some cases, your shipment could also be seized and action may be taken against you by transport canada or other authorities.
- You are solely responsible for consulting your origin and destination country’s customs and border agency’s websites for details of regulated and/or prohibited items including those items which may not be sent unaccompanied when using shipping companies.
- You recognize that your packages may be opened, inspected by x-ray or physically by customs and borders agencies of the origin and destination country if they see fit, in their sole discretion. In the event that a customs authority seizes the shipment, or any portion thereof for any reason, we shall have no further liability to the customer in respect of the shipment, and cac shall be released from its obligations under these terms and conditions and any other agreement between cac and the customer.
- It is the customer’s sole responsibility to pay any duties, fines or levies imposed by any customs authority or border agency. Depending on your circumstances and the nature of the goods you are sending these will need to be settled directly at origin or destination as appropriate.
- Where any goods are not properly packaged and protected, we shall have no liability for any damage caused to the packaging or the goods or for the loss of any contents due to the failure of the packaging.
- In the case of fragile items, cac, as well as all the means of transport land, air or maritime that are used for transportation to its destination, are not responsible for damages or breakdowns thereof. This includes objects of glass, tvs and all other objects that by their nature are extremely fragile, being the total responsibility of the client and the same releases cac from any and all liability therefor.
- You agree you will not send anything which may be construed as illegal in any way e.g. Prohibited or stolen items. If you are unsure if an item may be prohibited contact us before sending it.
- In order for us to consider any claim for compensation; in the case of damage or loss you must inform us in writing, within 7 days of delivery of the packages with and include in the claim the following information:
- The signed proof of collection written confirmation the item has not been received or damaged (irregularity report from the port /airport of destination).
- A signed statement of acknowledging your claim is accurate, also you must provide us original receipts or other proof of purchase.
- We may request additional information and/or evidence in order to properly assess your claim.
- Loss or damage arising from the following circumstances will also not be covered under the complimentary compensation: pandemic, governmental restrictions of any kind, acts of god, consequence of war or terrorism or prohibited contents.
- In case of a loss or damage to your cargo done directly by the shipping line (in canada), the shipping line will be responsible for paying up to $ 500.00 cad / per container in accordance with the provisions of the limited liability as per the bill of lading.
- In case of a loss or damage to your cargo done directly by the airline (in canada), the airline will be responsible for paying up to $ 20.00 cad/kg in accordance with the provisions of the limited liability as per the airway bill.
- All sales are final. We do not accept returns for refund or exchange, for items damaged in transit or at the final destination.
- You shall indemnify the cac parties against any and all liabilities, losses, suits, claims, demands, costs, fines and actions of any kind or nature whatsoever to which the franchisor shall or may become liable for, or suffer, by reason of your use of the services of cac in accordance with these terms and conditions and/or any other agreement between cac and you, and/or your breach of these terms and conditions.
- These terms and conditions set forth the entire agreement between the parties hereto and supersedes any and all prior agreements or understandings between the parties pertaining to the subject matter hereof.
- Cac’s failure to enforce any rights or entitlements under these terms and conditions will not constitute a waiver of cac’s right to enforce any provision at a future date in its sole discretion. To constitute an enforceable waiver, said waiver must be signed in writing by the party waiving the right or entitlement.
- These terms and conditions shall be interpreted, enforced and governed pursuant to the laws of the province of ontario, and the laws of canada applicable therein. The parties hereto irrevocably attorn to the jurisdiction of the courts of ontario for the resolution of all disputes arising hereunder.
- If any provision of these terms and conditions shall be declared by any court of competent jurisdiction to be illegal, void, or unenforceable, the other provisions shall not be affected but shall remain in full force and effect.
- Each of the parties hereto covenants and agrees that these terms and conditions shall be binding on them, and their respective heirs, executors, administrators, or successors and permitted assigns.
- The division of this agreement into articles and sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this agreement.
- Unless otherwise specified, all references herein to currency shall be references to currency of canada.
TERMS AND CONDITIONS PANAMA
These terms and conditions of service as amended from time to time (“terms and conditions”) govern all services provided or arranged by central america cargo agency (panama), corp. (“cac”, “we”) where the undersigned (“customer”, “you”) has entered into a corresponding agreement with cac, or our agent at the destination, these terms and conditions will govern to the extent of any conflict.
- By agreeing to our terms and conditions you accept that delays may occur, and all delivery times are given as estimates and are not guaranteed. Customers must be aware that unforeseen delays can occur for a wide range of reasons and that you will not receive compensation, or discounted rates, arising from such delay. Cac is not liable for or in respect of any loss or damage arising from any delay in filling any order, failure to deliver or delay in delivery.
- If required by cac, the freight and all other lawful charges accruing on the goods shall be paid before delivery.
- No delay in the shipment or delivery of any goods relieves the shipper, consignee, delivery agent on behalf of shipper, and/or receiver (collectively, the “buyer”) of its obligations under this agreement, including accepting delivery of any remaining instalment(s) of goods. We will attempt to contact you at the contact information provided below to inform you of any delays. It is your responsibility to ensure that the contact information provided is correct and remains up-to-date. Furthermore, you must accurately weigh and measure your item. Your quote is based on the weight and dimensions offered. In the event that your item is not accurately weighed, you will receive an invoice for the difference in shipping cost, whose amount shall be due upon receipt of invoice.
- You must ensure that the description and particulars of any goods are full and accurate, that cac has not deemed them inadmissible for transportation and that the shipment is appropriately labeled, addressed and packed in order to ensure safe transportation with the handling of an ordinary citizen. Hereby you acknowledge that cac can leave and/or get rid of any item consigned to cac by you which cac has deemed inadmissible, or that the consignor has devalued or undervalued for customs purposes, or has wrongly described here, whether intentionally o otherwise, without incurring any liabilities of any kind they might be in connection to you, and you will indemnify, exonerate and hold cac harmless from any claim(s), damage, fine(s) or expense(s) that may arise from this. Any costs incurred due to incorrect information will be invoiced to you, whose amount shall be due upon receipt of invoice.
- You must pay for the shipment when dropping off the freight in cac’s warehouse. If the customer chooses not to pay at that specific moment, charges will be applied according to the following:
– after 15 days, 15% will be charged as a penalty;
– after 30 days, 30% of the invoice value will be charged; and
– after 40 days, 50% of the invoice value will be charged per month.
After the third month, the goods will be confiscated. When the first three months are over, even if the customer claims back the goods, they will be considered abandoned and cac will be allowed to keep the goods for any appropriate action.
- Customer shall properly pack, mark and ship goods and provide cac with shipment documentation showing the identification number for the subject goods, the quantity of pieces in shipment, the number of cartons or containers in shipment, customer’s name, the bill of lading number, the country of origin, and accurate collection address and any other information for the collection and/or delivery of goods as may be required. The shipment will not be released to the customer until such time as the customer signs an acknowledge of receipt of the shipment. The customer shall be solely responsible for inspecting the cargo on arrival and in case of shortage or damage, make the relevant claim to the local authorities, and note that once you leave the airport or port grounds the claim will not proceed to any party.
- Goods that are removed from the delivery point will be considered acceptable and any damage will be deemed to have occurred after delivery has been completed. In no event shall cac, its subsidiaries and affiliates and their respective directors, officers, employees, contractors, agents or suppliers (the “cac parties”) be liable to you or any third party for any direct, consequential, special, incidental, indirect or punitive loss or damage of any kind rising out of or in connection with any offered service and/or for any breach of these terms and conditions, including but not limited to, property loss or damage, loss of profits, loss of business or goodwill, loss of use, business interruption, personal injury, death, any other pecuniary loss, even if such parties or any one of them have been advised of the possibility of such loss or damage or any claim by any third party. Any liability of cac for non-delivery of the goods shall be limited to adjusting the invoice respecting such goods to reflect the actual quantity delivered. In no event will damages be paid for items we advise customers not to use our service to transport or which we advise are sent at the customers’ risk. These include, but are not limited to, glass, porcelain, all electrical goods (including but not limited to, camera, tvs, hifis, mobile phones, tablet computers, laptop computers, printers and personal computers), valuables including but not limited to jewellery; liquid damage; loss suffered when goods have not been collected; loss or damage suffered when goods have not been packaged or labelled appropriately in accordance with our terms.
- You acknowledge there is also a penalty for the cancellation of any air waybill or bill of lading once the cargo has been delivered to our warehouses and documents produced. This is a penalty of 5% of the amount paid for freight to our company, with a minimum of $50.00 usd. In such an event, the cargo shall be picked up by the client or by an authorized third party at cac’s warehouse.
- If for any reason customer fails to accept delivery of any of the goods on the date fixed pursuant to cac’s notice that the shipment has been delivered at the delivery point, or if cac is unable to deliver the goods on such date because customer has not provided appropriate instructions, documents, licences or authorizations: (i) risk of loss to the goods shall pass to buyer; (ii) the goods shall be deemed to have been delivered; and (iii) cac, at its option, may store the goods until customer picks them up, whereupon customer shall be liable for all related costs and expenses (including, without limitation, storage and insurance). In the event that a customs authority seizes the shipment, or any portion thereof for any reason, we shall have no further liability to the customer in respect of the shipment, and cac shall be released from its obligations under these terms and conditions and any other agreement between cac and the customer.
- If cac is not ableto deliver the goods to destination due to incorrect information provided by the client, the client must make a change to the information, which will be invoiced at cost, being the minimum charge a sum of $200 usd and the maximum charge a sum of $500 usd, in addition to item storage expenses and insurance for the days that we keep the cargo. Similarly, if the client needs to makeany change to the documentation once the goods have left cac’s premises, including a change to
the information of the person receiving the goods, the cost of that change will be , beingthe minimum cost $200 usd and the maximum cost, $500 usd.
- You represent and warrant that the content of the package does not contain dangerous goods,
substances or articles forbidden to be transported by air or ocean.
- You represent and warrant that the cargo does not include any of the items listed in the list of prohibited items provided by icao and that you will not attempt to send any goods contained in this listing and also will adhere to any additional restrictions imposed by the collection or destination country. For further information,see https://www.icao.int/safety/dangerousgoods/pages/default.aspx / https://www.iata.org/en/programs/cargo/dgr/.
- Some prohibited items as listed below:
aerosols or any other pressurized containers; toner cartridges; loose batteries & power banks; animals and animal products, firearms and firearm parts, ammunition, explosives, weapons (including imitations of same); flowers and plant products; human remains or ashes; medical
samples; items that require a temperature-controlled environment; pornography; prescription drugs and pharmaceutical products restricted; religious artefacts; perishable, animal origin and controlled food articles and beverages including, but not limited to: fruit & vegetables, dairy products (including dried products containing dairy such as protein powder), meat, fish, nuts, seeds, wine, beer, spirits and champagne; or packages that are wet, leaking or emit an odour of any
kind; valuables and high-value items including but not limited to antiques, paintings, jewellery, precious stones. Cash or other forms of tradeable currency; credit cards; passports or other confidential personal documentation; irreplaceable items; other dangerous/hazardous goods;
counterfeit goods; other illegal or restricted goods.
- In case any prohibited items were included in the shipment, it will not be loaded and will be returned to you. No refund will be provided for shipments returned under these circumstances and a between 50.00 to 100.00 usd security processing fee will be due before your shipment can be recollected. In some cases, your shipment could also be seized and action may be taken against you
by other authorities. You will hold cac harmless for any action related to failure to declare restricted items or hazardous materials.
- You acknowledge that cac, as part of its policies, considers every object as an only and individual piece of freight. Regarding this, it is forbidden to use any item that is part of the freight as a container device for another item. If you incur this practice, cac will consider that a case of hidden freight, resulting in confiscation of the freight and the imposition of a $50 usd fine.
- You are solely responsible for consulting your origin and destination country’s customs and border agency’s websites for details of regulated and/or prohibited items including those items
which may not be sent unaccompanied when using shipping companies. In this respect, it is your responsibility not to exceed any limitations imposed on the items by customs authorities.
- You recognize that your packages may be opened, inspected by x-ray or physically by customs and borders agencies of the origin and destination country if they see fit, in their sole discretion. In case the freight is inspected by property autorities from such country, cac will not be liable for any damage, breakage or loss of property caused by that inspection. Should you have such claim, you must file it with the customs authorities from that country. In the event that a customs authority seizes the shipment, or any portion thereof for any reason, we shall have no further liability to the customer in respect of the shipment, and cac shall be released from its obligations under these terms and conditions and any other agreement between cac and the customer. Similarly, cac or its contractors reserve the right to open and inspect your packages without previous notification,
based on matters of security, of customs or any other reasons related to regulations.
- It is the customer’s sole responsibility to pay any duties, fines or levies imposed by any customs authority or border agency. Depending on your circumstances and the nature of the goods you are sending these will need to be settled directly at origin or destination as appropriate.
- Where any goods are not properly packaged and protected, we shall have no liability for any damage caused to the packaging or the goods or for the loss of any contents due to the failure of the
packaging.
- In the case of fragile items, cac, as well as all the means of transport land, air or maritime that are used for transportation to its destination, are not responsible for damages or breakdowns thereof. This includes objects of glass, tvs and all other objects that by their nature are extremely fragile, being the total responsibility of the customer and the same releases cac from any and all
liability therefore.
- You agree you will not send anything which may be construed as illegal in any way e.g. prohibited or stolen items. If you are unsure if an item may be prohibited contact us before sending
it.
- In order for us to consider any claim for compensation; in the case of damage or loss you must inform us in writing, within 7 days of delivery of the packages and include in the claim the
following information:- The signed proof of collection written confirmation the item has not been received or damaged
(irregularity report from the port /airport of destination). - Signed statement of acknowledging your claim is accurate. You must also provide us original
receipts or other proof of purchase. - We may request additional information and/or evidence in order to properly assess your claim.
- The signed proof of collection written confirmation the item has not been received or damaged
- Loss or damage arising from the following circumstances will also not be covered under the complimentary compensation: pandemic, governmental restrictions of any kind, acts of god, consequence of war or terrorism or prohibited contents.
- For sea freight, in case of loss or damages to your freight incurred directly by the carrier (in panama), the carrier will have to pay up to $500,00 usd by container pursuant to the dispositions of limited warranty in accordance with the bill of lading.
- Warsaw and montreal conventions apply and limit cac’s liability for damage, loss or delay. For air freight, the maximum limit for our liability for damage or loss is $20.00 usd/kg (9.07 usd/lb) per ounce. Cac will not be liable for loss of money in cash, letter checks or securities.
- All sales are final. We do not accept returns for refund or exchange, for items damaged in
transit or at the final destination.
- You shall indemnify the cac parties against any and all liabilities, losses, suits, claims, demands, costs, fines and actions of any kind or nature whatsoever to which the franchisor shall or may
become liable for, or suffer, by reason of your use of the services of cac in accordance with these terms and conditions and/or any other agreement between cac and you, and/or your breach of these terms and conditions. Responsibilities of employees and agents.
- The following terms and conditions apply to any legal claim filed against an employee, agent or other member of the staff (including any independent contractor) who provides services to the
carrier for the fulfillment of the contract referred to here (known as “the carrier’s group”), whether these claims arise from the contract itself or from civil offenses, and the total liability of the carrier and the carrier’s group must not exceed the limitations specified in clauses 20 and 21 of this document.
- Once the contract referred to here has been subscribed, the carrier will act, within the scope of the terms and conditions, as agent or trustee for the carrier’s group for the fulfillment of the contract, and this staff will be considered one of the parties to this contract.
- The carrier’s group will not have a right to invoke the limitation of liability clauses if there is proof that the loss, damage or delay in the delivery resulted from deliberate imprudence and/or negligence on the part of the carrier’s group for whom the limitation would apply.
- The total sum of the recoverable amounts on the part of the carrier and the carrier’s group must not exceed the limits set forth in these conditions.
- Ethese terms and conditions set forth the entire agreement between the parties hereto and supersedes any and all prior agreements or understandings between the parties pertaining to the subject matter hereof.
- Cac’s failure to enforce any rights or entitlements under these terms and conditions will not constitute a waiver of cac’s right to enforce any provision at a future date in its sole discretion. To constitute an enforceable waiver, said waiver must be signed in writing by the party waiving the right or entitlement.
- If any provision of these terms and conditions shall be declared by any court of competent jurisdiction to be illegal, void, or unenforceable, the other provisions shall not be affected but shall remain in full force and effect.
- Each of the parties hereto covenants and agrees that these terms and conditions shall be binding on them, and their respective heirs, executors, administrators, or successors and permitted assigns.
- The division of this agreement into articles and sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this agreement.
- Unless otherwise specified, all references herein to currency shall be references to currency in usd.
- Shipping and other services contemplated here are subject to the regulations in the republic of panama and the fees that apply to the service.
- Any legal action arising from the terms and conditions herein, as well as their existence, validity, interpretation, scope or fulfillment shall be exclusively submitted to the ordinary courts from the city of panama, republic of panama, including all those non-contractual obligations derived from or relative to the present terms and conditions of use.
- “Translation – for informational purposes only. The applicable and binding
terms and conditions are in spanish and any term that may be deemed
inconsistent or contradictory to the spanish terms and conditions will be
deemed invalid in such inconsistency or contradiction.”
TERMS AND CONDITIONS MEXICO
Sea freight terms and conditions
When using the service provided by central america cargo, (cac) as a client you are agreeing to the terms and conditions convened in the correspondent agreements between the agencies central america cargo and our correspondent in cuba, regarding:
Responsibilities of central america cargo:
Safe transport of the cargo to the final destination. In case of damages or losses suffered by my freight due to direct responsibility of the shipping line (in mexico) or due to inappropriate handling in origin (mexico), they will be responsible for up to a maximum of $500,00 usd by container in accordance with what is stipulated in the limited liability clause/s in the bill of lading.
Responsibilities of the client:
- I acknowledge that it is my responsibility to dispatch the number of items declared, and, in case of seizure, i will exonerate the company from any penalty imposed.
- I acknowledge my responsibility in case of leaving the goods unclassified and in the open cargo hold.
- If i dispatch a number of items that exceeds the maximum limit (200,00 pesos) and can be declared as having commercial value by customs in the country of destination, i will exonerate the company from any liability that this could entail.
- If i ship fragile goods or goods that are sensitive to damage and they are not dispatched in their original packaging, i will exonerate the company from any liability caused by breakage or damage at the destination.
- I acknowledge it is my responsibility to examine my load at the destination and to file the corresponding claim with the cuban authorities if there is something missing or damaged. Once having left the port facilities, the claim will be deemed inadmissible for both parties.
- I also acknowledge it is my responsibility to pay for all the taxes and customs procedures related to my freight once it arrives at its final destination.
- There is also an existing penalty for canceling the waybill or export document once the freight has been dropped off in our warehouses and the documents have been prepared, of 35% of the value paid to our company for shipping.
- I certify that the content of this package does not include any dangerous goods nor substances or items prohibited in ocean freight (for further information, speak to the agent). Hiding or not declaring dangerous goods is a serious offense and it can result in a transport fine of a sum ranging from $5000 usd up to $50.000 usd.
- I have declared whether the goods have batteries, as well as their type.
- Electric bicycles are final sale (returns and exchanges are not allowed, they do not have a guarantee).
- We do not offer refunds in cash; in any case, we issue a credit receipt acknowledging a balance in your favor.
- If the client wishes to take back the cargo before it is shipped, they will have to pay the costs of freight handling and storage.
TERMS AND CONDITIONS UNITED STATES
Last Modified: January 31, 2025
Welcome! Thank you for using Central America Cargo USA, Inc. (“CAC”, “We”, “Us”, “Company,” “Our”). By using Our website (“Site”), software, application(s), products, and/or services (collectively, the “Services”) you (“You” or “Customer”) accept and agree to Our terms and conditions (the “Terms and Conditions,” “Agreement” or “Terms”), so please take the time to read and review the Terms below. If You have any questions, please contact Us.
1. Acceptance of the Terms and Conditions. CAC provides delivery and shipment services to its customers via land, air, and maritime transportation of goods (the “Goods”). By creating an account, using our Site, or otherwise utilizing Our Services, as applicable, You automatically agree to be bound by these Terms. If You do not agree with these Terms, please do not create an account or use Our Services.
Please note that this Agreement affects Your legal rights and outlines how claims between You and CAC will be resolved. We advise You to read this Agreement thoroughly before accepting it. If You disagree with any part, do not use our Services. By using our Services, You acknowledge that You have read, understood, and accept these Terms, and will comply with all applicable laws and regulations.
This Agreement is intended for users who are 18 years of age or older. By using Our Services, You confirm that You are of legal age to enter into a binding contract with Us and meet all eligibility requirements. If You do not meet these requirements, You must not access or use the Services.
By creating an account with Us, You agree that You will use the account and the Services of CAC only for lawful, authorized, and acceptable purposes, and not for any improper, illegal, or fraudulent purposes.
2. Agency. Under these Terms, the Company acts as the “agent” of the Customer solely for the purpose of performing specific duties, including, but not limited to, warehouses services, the filing of export documentation on behalf of the Customer, and other shipment logistics. The Company shall also handle communications and dealings with relevant Governmental Agencies (defined below) as necessary for these Services. For all Services provided, the Company shall act as an independent contractor. The Customer acknowledges that, while the Company will exercise reasonable care and diligence in carrying out its duties as an agent, the Company cannot be held liable for any delays, errors, or omissions beyond its control, including those caused by third-party actions or failures by Government Agencies.
3. Third-Party Providers. CAC may, at its sole discretion, engage one or more third-party providers to perform all or part of the Services described under these Terms and Conditions. By agreeing to these Terms, You acknowledge and consent to the use of such third parties in the fulfillment of the Services. You further agree to release, indemnify, and hold harmless CAC, its affiliates, agents, and any third-party providers from any and all liabilities, claims, demands, suits, or actions arising out of or related to the acts, omissions, or performance of such third parties. You understand and accept that CAC remains fully responsible for the performance of the Services, regardless of whether third-party providers are engaged. However, any claims or disputes arising from the actions or omissions of such third parties must be directed to the applicable third party, and You agree not to hold CAC liable for any such claims or damages. Additionally, you authorize CAC to share any necessary information with third-party providers as required for the fulfillment of the Services. This may require You to directly communicate with the third-party provider to obtain updates or resolve issues related to tracking or the status of the shipment.
4. Quotations Not Binding. Quotations provided by the Company regarding fees, rates of duty, freight charges, insurance premiums, or other charges are for informational purposes only and are subject to change without notice. No quotation shall be binding upon the Company unless the Company formally agrees in writing to undertake the handling or transportation of the shipment at a specific rate or amount detailed in the quotation, and mutually accepted payment arrangements are established between the Company and the Customer.The Customer is aware that freight charges may be incurred in connection with the Services and agrees to timely pay all such charges before delivery without demand from CAC. The Company reserves the right to withhold the Goods and suspend the Services until such payment is received. Furthermore, the Customer acknowledges that any unforeseen taxes, duties, fees, or charges imposed by governmental authorities or third parties that arise after the issuance of a quotation or during the handling and transportation of Goods will be the sole responsibility of the Customer. The Company reserves the right to pass on such additional costs to the Customer, and the Customer agrees to make payment of any such charges immediately upon notification.
5. Delay. Unforeseen delays can occur for a wide range of reasons. You will not receive compensation, or discounted rates, arising from such delay. By agreeing to Our Terms and Conditions, You accept that delays may occur, and all delivery times are given as estimates and are not guaranteed. No delay in the Services or delivery of any Goods relieves the Customer, consignee, delivery agent on behalf of Customer, and/or receiver of their obligations under this Agreement, including accepting delivery of any remaining instalment(s) of Goods. In the event of any delay in the Services or delivery of any Goods, CAC or its third-party providers will notify You. It is Customer’s sole responsibility to ensure that the contact information provided to CAC is correct and remains up to date.
6. Descriptions. The Customer is solely responsible for ensuring that all descriptions, particulars, and documentation regarding any Goods are complete, accurate, and in compliance with applicable laws and regulations. Any incorrect or misleading information may result in the refusal to accept the Goods for carriage. The Company reserves the right to reject any Goods that do not meet these standards without liability. In the event that costs, penalties, or additional charges are incurred due to inaccurate, incomplete, or misleading information provided by the Customer, such costs will be billed the Customer for the total amount due. The Customer agrees that all charges are payable upon receipt of the invoice and acknowledges that failure to pay may result in the withholding of current or future shipments and the suspension of Services. Customer acknowledges that it is required to review all documents and declarations prepared and/or filed with any Government Agency (defined below) and will immediately advise the Company of any errors, discrepancies, incorrect statements, or omissions on any declaration or other submission filed on Customer’s behalf. For the purpose of these Terms, a “Government Agency” shall be considered any organization or entity created by a government to implement and enforce laws, regulations, and public policies. The Company reserves the right to rely on any information provided by the Customer without liability.
7. Documentation; Records Retention. Customer shall provide Agency with proper shipment documentation showing the identification number for the subject Goods, the quantity of pieces in shipment, the number of cartons or containers in shipment, Customer’s name, the bill of lading number, the country of origin, and accurate collection address and any other information for the collection and/or delivery of Goods as may be required to perform the Services. Customer acknowledges that any inaccurate information provided by Customer, including, but not limited to, the quantity of pieces in the shipment, may result in additional charges billed to CAC or its third-party providers, who may then invoice the Customer for such additional charges. The Customer acknowledges that they are responsible for maintaining all records required by any Governmental Authority. Unless otherwise agreed in writing, the Company will retain only those records mandated by relevant statutes and regulations and shall not act as a “recordkeeper” or “recordkeeping agent” for the Customer.
8. Risk of Loss; Damage to or Loss of Goods. The Customer assumes the risk of loss or damage to the Goods from the moment the Goods are entrusted to the Company through all stages of shipment and until and after delivery, except in the case of gross negligence by the Company and only while the Company is in the possession of the Goods. For avoidance of doubt, the Company will only be liable for loss or damage to Goods if such loss or damage occurs due to the Company’s gross negligence, and only while the Goods are in the Company’s direct possession during transit. The Company shall not be responsible for any damage to or loss of Goods caused by third-party providers. In the event of such damage or loss, the Customer agrees to seek compensation directly from the third-party Provider, unless otherwise explicitly prohibited by the terms of this Agreement.
9. Insurance. If the Customer elects to procure insurance, whether through the Company or a third-party provider, the Customer shall be solely responsible for the payment of all insurance premiums, fees, and any related costs. The Company makes no representations or warranties regarding the adequacy or suitability of the insurance coverage, and it is the sole responsibility of the Customer to ensure that the coverage is sufficient to protect against potential risks of loss or damage to the Goods. In the event of a claim, the Customer shall handle all insurance claims directly with the insurance provider and shall bear all responsibilities associated with the insurance process, including filing claims, providing documentation, and complying with any requirements set forth by the insurer. The Customer hereby releases and holds harmless the Company from any liability related to the insurance process, including but not limited to claims, disputes, or denials of coverage. If the Customer does not elect to procure insurance, the Goods will be shipped at the Customer’s sole risk, and the Company shall have no liability for any loss, damage, or destruction of the Goods, except as set forth in Section 8 of this Agreement. Unless explicitly requested in writing by the Customer and confirmed in writing by the Company, the Company shall be under no obligation to procure insurance on behalf of the Customer. The Company shall not be held liable for any loss, damage, or claims arising from the Customer’s decision to not insure Goods or from any insurance procured at the Customer’s request.
10. Payments. The Company reserves the right to modify its payment acceptance methods at any time.
For payments made via credit card (CC) or via PayPal, a processing fee of 2.5% of the total amount charged will apply. This fee may be adjusted based on various factors, and the applicable percentage will be clearly communicated at the time of payment. Customers acknowledge and agree to these processing fees by opting to pay via credit card. It is the Customer’s responsibility to ensure that all payment information provided is accurate and current. When You use credit to make a purchase, You acknowledge that You are an authorized user of the account and that all information provided is true and accurate. The Company will not be liable for any delays or issues arising from incorrect payment information.
11. Delivery. The Company will notify the Customer once the Goods are available for pickup. Upon delivery of the Goods to the Customer or their designated agent, the Company’s liability will be deemed to have ended, regardless of any subsequent damage or loss. The Customer is responsible for inspecting the Goods immediately upon receipt. Any visible damage, shortages, or defects must be reported to the Company in writing within seven (7) days of delivery, in accordance with the Company’s claims policy. If no such report is made within this period, the Goods will be considered accepted in their delivered condition, and the Company will not be liable for any further issues. If the Customer fails to accept the Goods within seven (7) days of being notified of their availability, the Goods will be considered accepted, and the Company will have no further liability
12. Disclaimer of Warranty. COMPANY DISCLAIMS AND MAKES NO WARRANTIES WHATSOEVER REGARDING THE SITE OR THE SERVICES, OR THE SERVICES OR PRODUCTS OF THIRD PARTIES THAT MAY BE INCORPORATED, CONTAINED, OR USED IN CONJUNCTION WITH THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED BY LAW, IN THE COURSE OF TRANSACTIONS, PERFORMANCE, COMMERCIAL USE, OR OTHERWISE.
13. General Lien and Right to Sell Customer’s Property. Company shall have a general and continuing lien on any Goods (and documents pertaining thereto) belonging to Customer in Company’s possession, custody, control, or en route / in transit, or coming into Company’s actual or constructive possession or control, for monies owed to Company with regard to the shipment on which the lien is claimed, a prior shipment(s) and/or both, including for all claims for charges, expenses, or advances incurred by the Company in connection with any shipments of the Customer. Unless, within thirty days of receiving notice of lien, Customer posts cash or letter of credit at sight, or an acceptable bond equal to 110% of the value of the total amount due, in favor of Company, guaranteeing payment of the monies owed, plus all storage charges accrued or to be accrued, Company shall have the right to sell such shipment(s), including goods, wares, or merchandise as may be necessary to satisfy such lien, at public auction or private sale and any net proceeds remaining thereafter, after payment of amounts due Company, shall be refunded to Customer, provided that Customer shall remain liable for any deficiency arising from the sale.
14. Limitation of Liability. In no event shall CAC, its subsidiaries and affiliates and their respective directors, officers, employees, contractors, agents, suppliers or other third-party agencies (collectively, the “CAC Parties”) be liable to You or any third party for any actual, direct, consequential, special, incidental, indirect or punitive loss or damage of any kind rising out of or in connection with any offered Services and/or for any breach of these Terms and Conditions, including but not limited to, property loss or damage to the Goods, loss of profits, loss of business or goodwill, loss of use, business interruption, personal injury, death, any other pecuniary loss, even if such parties or any one of them have been advised of the possibility of such loss or damage or any claim by any third party.
a. Delay. The CAC Parties will not be liable for or in respect of any loss or damage arising from any delay in filling any order, failure to deliver or delay in delivery for any Service. The CAC Parties will not be liable for or in respect of any loss or damage arising from any delay in filling any order, failure to deliver or delay in delivery for any Service.
b. High Value Goods. Customer specifically acknowledges that We advise not to use Our Services to transport high value Goods, including, but not limited to, glass, porcelain, all electrical goods (including but not limited to, cameras, TVs, HIFIs, mobile phones, tablet computers, laptop computers, printers and personal computers), and valuables including but not limited to jewelry, and that no damages will be paid to Customer in the event of damage or loss of any such Goods.
c. Seizures; Forfeitures. In the event that a customs authority seizes the shipment, or any portion thereof for any reason, no CAC Party shall have any liability to the Customer in respect of the shipment or services, and each CAC Party shall be released from their obligations under these Terms and Conditions and any other agreement between CAC and the Customer.
UNDER NO CIRCUMSTANCES SHALL ANY DAMAGES CLAIMED BY YOU AGAINST US OR ANY OTHER CAC PARTY EXCEED THE TOTAL AMOUNT COLLECTED BY THE COMPANY FROM YOU.
15. Claims for Damages or Losses. To make a claim for compensation regarding damages or loss to Goods caused by the gross negligence of the Company while the Goods were in the possession of the Company, the Customer must inform the Company within seven (7) days of delivery of the packages and include the following information:
a. the signed proof of collection written confirmation the item has not been received or damaged (Irregularity Report from the port /airport of destination);
b. A signed statement of acknowledging Customer’s claim is accurate, also You must provide us original receipts or other proof of purchase; and
c. We may request additional information and/or evidence in Our sole discretion in order to properly assess Your claim.
Customer must further provide such additional information and comply with such other requirements as set forth by Company’s Claims Policy.
16. Force Majeure. The Company shall not be liable for loss or damage arising from events or circumstances beyond its reasonable control, including, but not limited to, pandemics or public health emergencies, governmental actions or restrictions of any kind (whether national, regional, or local), acts of God (such as natural disasters, including earthquakes, floods, hurricanes, etc.), war, acts of terrorism, civil unrest, or other hostilities, or the presence of Prohibited Contents (as defined below). In such cases, the Company shall not be required to provide compensation, whether complimentary or otherwise, for any resulting loss or damage.
17. Cancellation Fee. You acknowledge that the relevant CAC Party responsible for shipping the Goods reserves the right to charge a fee for the cancellation of any air waybill or Bill of Lading once the Goods have been delivered to our warehouses and documents produced. Such party further reserves the right to charge a fee of five percent (5%) of the amount paid by freight, with a minimum of $100.00 USD in the event that the relevant CAC Party must pick up the Goods from Our warehouse and return it to You. In such an event, the Goods shall be returned to You by the Agency at the address agreed upon between You and the relevant CAC Party. All delivery charges must be paid in advance.
18. Failure to Accept Delivery. If for any reason Customer fails to accept delivery of any of the Goods on the date fixed pursuant to Agency’s notice that the shipment has been delivered at the Delivery Point, or if the relevant CAC Party unable to deliver the Goods on such date because Customer has not provided appropriate instructions, documents, licenses or authorizations: (i) the Goods shall be deemed to have been delivered; and (ii) CAC and/or its agents, at their option, may store the Goods until Customer picks them up, whereupon Customer shall be liable for all related costs and expenses (including, without limitation, storage and insurance costs). If the Goods remain uncollected or unclaimed by the Customer for a period of thirty (30) days following the date of the notice of delivery or the commencement of storage, the CAC Party, may, at their option and without further notice, dispose of the Goods by sale, donation, or destruction. The Customer shall remain liable for all outstanding costs, fees, or expenses incurred up to the point of disposal, and any proceeds from the disposal shall first be applied to satisfy any amounts due to the CAC Parties, with any remaining balance refunded to the Customer, subject to applicable deductions
19. Costs of Collection. In any dispute involving monies owed to Company, the Company shall be entitled to all costs of collection, including attorney’s fees and interest at 15% per annum or the highest rate allowed by law, whichever is less.
20. Representation and Warranties. You represent and warrant that the content of the Goods does not contain dangerous items, substances or articles forbidden to be transported by air or ocean. You represent and warrant that the Goods do not include any of the items listed in the list of prohibited items provided by the U.S. Transportation Security Administration (or any other applicable government agency) and that you will not attempt to send any Goods contained in this listing and also will adhere to any additional restrictions imposed by the collection or destination country.
Prohibited contents (“Prohibited Contents”) include but are not limited to:
Aerosols or any other pressurized containers; Toner Cartridges; Loose Batteries & Power Banks; Animals and Animal products, Firearms and firearm parts, ammunition, explosives, weapons (including imitations of same); Flowers and plant products; Human remains or ashes; Medical samples; Items that require a temperature-controlled environment; Pornography; Prescription drugs and pharmaceutical products restricted; Religious Artefacts; Perishable, animal origin and controlled food articles and beverages including, but not limited to: Fruit & vegetables, dairy products (including dried products containing dairy such as protein powder), meat, fish, nuts, seeds, wine, beer, spirits and champagne; or Packages that are wet, leaking or emit an odour of any kind; Valuables and high-value items including but not limited to antiques, paintings, jewellery, precious stones. Cash or other forms of tradeable currency; Credit cards; Passports or other confidential personal documentation; Irreplaceable items; Other Dangerous/hazardous goods; Counterfeit goods; Other illegal or restricted Goods.
In case of any Prohibited Contents were included in the shipment of Goods, the Goods will not be loaded and will be returned to You. No refund will be provided for shipments returned under these circumstances and a security processing fee of $100.00 USD will be due before Your shipment can be recollected. In some cases, your shipment could also be seized, and action may be taken against you by the relevant authorities.
21. Customs; Investigations. You are solely responsible for consulting Your origin and destination country’s customs and border agency’s websites for details of regulated and/or Prohibited Contents including those Goods which may not be sent unaccompanied when using shipping companies. You recognize that Your packages may be opened, inspected by x-ray or physically by customs and borders agencies of the origin and destination country if they see fit, in their sole discretion. It is the Customer’s sole responsibility to pay any duties, fines or levies imposed by any customs authority or border agency. Depending on Your circumstances and the nature of the Goods You are sending, these will need to be settled directly at origin or destination as appropriate. Additionally, the Customer agrees to fully cooperate with any investigation or inquiry by customs or any relevant Government Agency concerning the Goods, including providing any required documents, authorizations, or information. Failure to comply with such investigations or inquiries may result in the suspension of delivery or the incurrence of additional costs, which the Customer shall be liable for.
22. Final Sale. All sales are final. Once the Company accepts the Goods for shipment or delivery, they are deemed accepted by the Customer, and no returns, exchanges, or refunds will be allowed under any circumstances. This includes, but is not limited to, circumstances where Goods are damaged in transit, upon arrival at the final destination, or at any point during the delivery process.
23. Confidentiality. The Customer agrees to maintain as confidential all policies of CAC pertaining to refunds for lost or damaged Goods as well as policies pertaining to disputes with CAC or the Agency. The Customer agrees not to publish any such policies in any form or otherwise disclose such policies to any person or entity, including, but not limited to, on any social media platform.
24. No Unauthorized Use. You agree that you shall not: access, extract, use or copy any material or information on this Site for any commercial purpose or for any purposes which are unlawful. In particular, You are not allowed to copy (whether by printing off, storing on disk or in any other way), distribute (including distributing copies), alter or tamper with in any way or use any material contained in this Site except that you may print off any individual page for your own personal use; or use this Site in a way that causes or may cause an infringement of the rights of any other party or which breaches any standards, regulations or codes published by any relevant authority; or use this Site in any way that interferes with or affects the performance of the Site or our systems or which interferes in any way with other users use of the Site; or gain, or attempt to gain, any unauthorized access to our Site, our other systems and/or to the personal data, information or booking data of other users and customers; or make any unauthorized, false or fraudulent reservation on this Site.
25. Indemnification. You agree to indemnify, defend, and hold harmless the CAC parties from and against any and all liabilities, losses, claims, demands, suits, actions, fines, penalties, damages, costs, or expenses of any kind (including legal fees) arising out of or in connection with: (a) Your use of CAC’s Services in accordance with these Terms and Conditions, any other agreement with CAC, or any applicable law; (b) any breach of these Terms and Conditions by You; (c) any acts, omissions, or negligence by You or any third parties acting on Your behalf; (d) any violation of laws, regulations, or requirements relating to the import, export, or handling of Goods; or (e) any claim resulting from Your failure to comply with applicable laws, regulations, or governmental requirements. You acknowledge and accept that You are solely responsible for ensuring compliance with all relevant laws and regulations concerning the Goods and Services provided and agree to indemnify the Company for any losses or damages arising from any non-compliance. The indemnification obligations under this provision shall apply to and benefit each of the CAC Parties, their affiliates, and their respective employees, agents, and contractors.
26. Entire Agreement. These Terms and Conditions, together with any other written agreements between the parties, including but not limited to the Service Agreement between CAC and the Customer, if applicable, constitute the entire agreement between the Customer and the Company regarding the subject matter herein. They supersede all prior discussions, negotiations, or agreements, whether written or oral, between the parties relating to the same subject matter, except for any provisions expressly incorporated by reference from such prior agreements. To the extent of any conflict between these Terms and Conditions and any other agreement between the parties, these Terms shall prevail. These Terms and Conditions shall supplement and work in conjunction with any other agreement between the parties, and nothing herein shall be construed as amending or replacing that agreement unless explicitly stated.
27. Waiver. CAC’s failure to enforce any rights or entitlements under these Terms and Conditions will not constitute a waiver of CAC’s right to enforce any provision at a future date in its sole discretion. To constitute an enforceable waiver, said waiver must be signed in writing by the party waiving the right or entitlement.
28. Governing Law; Jurisdiction. These Terms and Conditions shall be interpreted, enforced and governed pursuant to the laws of the State of Florida. The parties hereto ir-revocably attorn to the jurisdiction of the federal and state courts located in Miami-Dade County, Florida for the resolution of all disputes arising hereunder.
29. Arbitration; No Class Actions. Any dispute, controversy, or claim arising between You and the Company (including claims under these Terms) shall be resolved exclusively through binding individual arbitration, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The venue for any such arbitration shall be Miami, Florida. Arbitration shall be conducted on an individual basis and not as part of any class action, and the parties waive any right to a jury trial or court litigation. This arbitration provision shall survive the termination of these Terms. Prior to initiating arbitration, You must provide Us with written. notice (a “Notice of Claim”), and the parties agree to attempt to resolve the matter through mediation before proceeding to arbitration.
30. Severability. If any provision of these Terms and Conditions shall be declared by any court of competent jurisdiction to be illegal, void, or unenforceable, the other provisions shall not be affected but shall remain in full force and effect.
31. Successors and Assigns. Each of the parties hereto covenants and agrees that these Terms and Conditions shall be binding on them, and their respective heirs, executors, administrators, or successors and permitted assigns.
32. No Joint Venture. You acknowledge and agree that no partnership, joint venture, employer-employee, principal- agent, or franchiser-franchisee relationship is intended or created by this Agreement or Your use of our Services.
33. Limitation to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
34. Changes to the Services and Terms. Please note that We will periodically make changes to these Terms and We reserve the right to do so at any time. In the event that We make changes to these Terms, We will alert You that changes have been made by indicating at the top of this Agreement the date that it was last updated. It is Your responsibility to review this Agreement frequently and remain informed about any changes to it, so we encourage you to visit this page often. This Agreement takes precedence over any previous terms of service/use/conditions that we have issued related to our Site and Your continued use of Our Site or other Services constitutes Your acceptance of any amendments to and the most recent version of this Agreement.
If You object to any of the changes to this Agreement, or otherwise do not understand or agree to any of the changes to this Agreement, please discontinue Our Services. By continuing to use Our Services following notice of any change to this Agreement, You agree to and are bound by this Agreement as changed. We may also make improvements or changes in the products, services, or programs described in the Services at any time without notice. We may update the content provided by the Services from time to time, but its content is not necessarily complete or up to date. Any of the material on the Services may be out of date at any given time, and We are under no obligation to update such material.
35. SMS Terms. By using our Services, You agree to be bound by these Terms and consent to receive SMS or MMS marketing messages from CAC via SMS, MMS, or WhatsApp. The frequency of messages may vary depending on the user. Message and data rates may apply. To opt-out at any time, reply with the word STOP. You acknowledge and agree that text messages sent to your mobile phone/device may be generated using automated technology. Your consent to receive text messages is not a condition of making a purchase. Message and data rates may apply; please check with your mobile service provider for details. Charges will be billed and paid through your mobile service provider or deducted from your prepaid account. You agree to notify us if your number is transferred or reassigned.
36. Electronic Records and Signatures. By using our Services, You consent to receive all communications, agreements, contracts, invoices, and other documents related to Our Services in electronic form. You acknowledge and agree that electronic records and signatures will have the same legal effect, validity, and enforceability as paper records or signatures, in accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act). You also consent to the use of automated technology to generate and send such electronic communications. You have the right to withdraw Your consent to receive documents electronically at any time, without penalty. However, if You withdraw consent, it may affect your ability to use certain Services that require electronic records. For example, withdrawing consent may limit your ability to access electronic invoices or contracts related to Your account. To withdraw consent or request paper copies of any documents, please contact us at [contact information]. To access and retain electronic records, You must have the necessary hardware and software requirements. By continuing to use Our Services, You confirm that You have the ability to access and retain electronic records and agree to the terms of this electronic communications policy.
37. Your Comments and Concerns. CAC is located at [2734 NW 72 ND AVE, Miami, FL, 33122]. All Notices of Claims should be sent to us at the aforementioned address. All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: csmia@centralamericacargo.com.
38. Compliance; Shipments to Cuba. The following provisions apply to the shipment of Goods to Cuba:
a. Permissible Items. Customers may send gift parcels and humanitarian donations to individuals in Cuba, provided such items are intended for personal use and do not include any prohibited or restricted items as defined by U.S. law.
b. Value Limitations. The combined total domestic retail value of all commodities and software in a single gift parcel may not exceed $800. This limit does not apply to food sent in a gift parcel.
c. Recipient Eligibility. Shipments under this provision are permitted only to individual recipients within Cuba. Gifts may not be sent to government entities or businesses.
d. Required Documentation. All shipments must include appropriate documentation that verifies the purpose of the shipment as a personal gift or humanitarian aid. This may include a detailed description of the contents and a declaration of their value. Each gift parcel must show, on the outside wrapper, the name and address of the donor, as well as the name and address of the done. Each parcel must have the notation “GIFT—Export License Not Required” written on the addressee side of the package and the symbol “GFT” written on any required customs declaration.
e. Sender Responsibilities. The Customer is wholly responsible for ensuring compliance with all applicable U.S. laws and regulations regarding the shipment of goods to Cuba, including but not limited to trade restrictions and sanctions.
f. Regulatory Changes. The Customer acknowledges that regulations governing shipments to Cuba are subject to change. It is the Customer’s responsibility to remain informed and comply with the latest guidelines from all applicable Government Agencies.
For more information please refer to 15 CFR § 740.12.