1. Subject of Agreement

Transcription

1 Camex International LTD performs shipping of packages from the United States of America to Georgia in cooperation with the US-registered partner company Camara Trading Corporation INC. Any physical and legal person having passed registration at the website of the Company may enjoy the services of Camex International LTD. Registration is free and terms and conditions of the service are public. Registration is made at Enjoying the services of Camex International LLC means that the person is acquainted with the terms and conditions of the Agreement and agrees to them. 1. Subject of Agreement,,Camex International LTD (hereinafter,,service Provider under the terms and conditions provided herein in this Agreement, in its name and on the account of the person having been registered on Service Provider s web-page ( ensures the shipping service. Service Provider ensures transportation of goods to Georgia following its delivery to the warehouse in USA (address of warehouse: 18 Boulden CIR, STE 2, New Castle, Delaware, USA) (hereinafter,,warehouse ). 2. Shipping fee, calculation of package weight, clearance 2.1. Shipping fee for the package mail are as follows: per 1 kg 6.95 US Dollars For customers being the members of action,,magnate US Dollars per 1 kg (terms and conditions for becoming the members of promotion action,,magnet are provided at Service-Provider s website For corporate clients 6 US Dollars per 1 kg Minimal tariff for the package up to 200 gr 2 US Dollars US Dollars exchange rate against GEL is calculated by the US Dollar purchase rate established by the Georgian commercial bank for the date of reflecting the package in Customer s personal room Shipping fee is calculated according to total weight of the package, considering its actual and dimensional weight. If dimensional weight exceeds the actual one, shipping fee shall be calculated from the dimensional weight. Dimensional weight is calculated by the following formula: length x width x height /366 (in case of measuring in inches) or /6000 (in case of measuring in centimeters) Amount should be paid by the Customer within 14 days the package arrives in Tbilisi, on the basis of Service-Provider s invoice or the amount indicated in Customer s personal room. Customer shall not be able to take the package out if shipping fee is not paid. In case the Customer breaches the terms foreseen in

2 Article 2.4, the Provider may impose on a Customer the penalty which will be 1% of the parcel s value as per commercial invoice, on each overdue date unless the Customer fulfills his liability Declaring of package (stating the sender, tracking code, number of items placed in package and their price) by the Customer is mandatory. Only the Customer bears the responsibility for the accuracy of information Customer shall be responsible for clearance of goods The Service Provider, based on Customer s declaration, shall draw up a declaration. Fee for preparing the custom s declaration is determined in the following manner: for individuals 5 GEL; for legal entities 10 GEL Ready customs declaration will be handed over to the Customer together with its own package. Payment of customs duty shall be made in any bank, within 30 calendar days from printing the declaration. 3. Customer s obligation, responsibility 3.1. Except the obligations and responsibility foreseen by the other articles of the Agreement, Customer s supplementary obligations and responsibility are defined in this article While registration, Customer shall fill in a registration form established by the Service-provider for registration. Having completed the registration the own personal room with identification C number will open for Customer at the website Customer shall be responsible for the accuracy of its personal and contract information, also on the information about cargo provided by it. Service-Provider shall not be liable for the damage caused by the incorrect information provided by the Customer Customer shall fill in the information about the package (declare the package) according to the data provided in Customer s personal room. Customer is entitled to make advance declaring of the cargo as soon as the tracking code is assigned to it by the seller, in order that information about delivering the package in the warehouse was reflected in advance in its personal room that will facilitate to the identification of the package as soon as it enters the warehouse Customer shall not be entitled to order such cargo to the Service-Provider shipping of which is banned under the Georgian, as well as United States

3 legislation. Additional information concerning the prohibited items is provided at Service-provider s website If Customer, in spite of established banning sends such cargo to the Serviceprovider s warehouse, the latter shall be entitled not to accept such cargo in its warehouse, or in case of getting, demand from the Customer the so called,,return label. In case of failure to provide it the Service-provider will relieve itself of responsibility to send the said cargo to the forwarding company and/or individual. In case the Service-Provider accepts such cargo, when the type of the banned cargo cannot be established against the external features, the Serviceprovider shall be authorized, as soon as revealing of such case, immediately terminate to render services to the Customer. Concurrently the Service-Provider shall relieve itself from obligation to send the said cargo back to the forwarding company and/or individual. In cases foreseen by the present paragraph the Service-provider shall not be imposed the responsibility for the expenses having born by the Customer. Also the Service-provider shall be entitled to impose the remuneration of the caused damage on the Customer Customer shall, at the demand of the Service-Provider opportunely provide it with relevant references about the cargo, also give directives being necessary for executing the documents required for the freight and give necessary information for performing customs clearance and other activities. Also Service-Provider shall be provided with all necessary documents for proving the genuineness of the said references In case of existence of hazardous cargo, the Customer shall warn the Service- Provider about the exact type of hazard and state the security measures if necessary If Service-Provider had no information about the hazardous cargo it may be unloaded any time and any place, destroyed or neutralized without imposing the damage remuneration Customer shall provide the Service-provider with information on the cargo in advance, if it consists of liquid, oil or easily fragile elements. Otherwise claims associated with transportation will not be considered and Service-Provider shall not bear any responsibility If Service-provider is fined by the Customer for failure to fully or partially perform the terms and conditions of the Agreement (e.g. incomplete or incorrect declaration of products, etc), Service-Provider shall be entitled to impose the damage remuneration on the Customer.

4 3.12. Customer shall, at receiving the package, check its enclosure. Having left the office no claims about the damage of the product will be considered and Service- Provider shall not be liable for the damage or lack of products in the package Customer shall pick up the parcel from the Service-Provider s office (after paying the shipping fee) within 14 days the package arrives in Tbilisi. In case the Customer breaches the terms foreseen in Article 3.13, the Service Provider may impose on a Customer the penalty which will be 1 US Dollar as per 1 kg, on each overdue date, unless the Customer fulfills his liability. 4. Service-Providers obligations and responsibility 4.1. Service-Provider shall become liable for the shipment of packages from the moment of their delivery to the Service-Provider s warehouse and signing the relevant document, before handing over to the addressee Service-Provider shall not be liable for: Quality and type of the product purchased by the Customer; Condition of items being unduly packed by the shop; Packages being delivered to the incorrect address by the USA internal post couriers or the packages not confirmed by signature; Damage of cargo, if product is purchased from a private person, e-bay or other auction, as well as written-off, refubrished or second-hand items Service-Provider shall be entitled to reduce the package in size (only in case of clothes and shoes), that means maximal diminishing the boxes of items or replacing them in other box. In case of reducing the package size, products will not be moved in polyethylene packages (if package is delivered in cellophane to the warehouse it will be sent in the same manner) If the products being duly purchased by the Customer enters the Service- Provider s warehouse in USA by observing all terms and conditions of this Agreement, it bears the signature of the Service-Provider s representative and information about the package does not reflect in personal room within 1 month period, the remuneration terms and conditions foreseen by this Agreement shall enter into force If the package is not accompanied with the correct parameters by the Customer/seller, or the personal room number is missing or is incorrect, or name and surname is missing, or incorrect tracking number is provided, the Service- Provider shall not be liable for opportune delivery of the package and its handover to the Customer. The procedure will prolong for an unlimited period of time

5 unless full identification of product, based on the invoice and package composition Service-Provider shall not be liable for the cargo being delivered to the warehouse in USA in damaged condition or inconsistent with an invoice. In such case the Service-Provider shall be entitled not to accept such item and notify the Customer about it via or telephone Service-Provider is authorized to reject rendering of service if cargo features or other information provided by the Customer are incomplete Service-Provider shall not be liable for the package not having external damages, to be inspected on place, before taking it out of office or in case of courier service in the presence of Company s representative Service-Provider shall not be responsible for the delay of delivery of the cargo, if it is caused due to the change of flight schedule of the air company and/or delay for other reasons Service-Provider shall not be responsible if the detainment, confiscation, stress of the cargo is made by the customs service and/or any other state authorities due to the composition of cargo and/or incorrectly declared documents or failure to pay the clearance duty by the Customer Service-Provider shall not be responsible for the damage caused to the Customer if it is entailed by the provision of incorrect, incomplete or untrustworthy information by the Customer In case of loss and/or damage of cargo by Service-Provider s fault, it shall remunerate the Customer against the damage. The amount of remuneration will be determined by the value of products being stated in the document of purchase and not exceeding the amount indicated by the Customer at declaring Service-Provider s responsibility shall not arise if there is no signature of the warehouse employee proving the delivery the package to the warehouse in USA Package not being taken from the Service-Provider s office within days, shall be disposed by the Service-Provider at its own discretion In case the Customer has overdue payment for shipping, the Service-Provider may not provide shipping service to the Customer for a new package or/and not deliver the package unless the Customer makes the payment totally. 5. Courier Service 5.1. Courier service is provided only within the city of Tbilisi.

6 5.2. In order to deliver the package to the Customer s address by the courier, the amount should necessarily be paid while the package in on the way from the USA and courier service marked by the Customer in its personal room Delivery of package to the place desired by the Customer will be made only within the city of Tbilisi, only to the address stated in customer s personal room Courier service for the package with the weight up to 10 kg is 3 GEL; Courier service for the packages with the weight from 10kg to 50 kg is 5 GEL and above 50 kg, prices will be determined on the basis of agreement. The Customer shall contact the Service-Provider s office manager and negotiate the price If Customer is not present on the address indicated in contact information panel or /and he (she) does not answer the telephone call, the status of package will be determined as,,impossible to deliver and the Customer shall take the package out from the office. At the same time the Customer shall not be repaid the courier service fee. 6. Service Schedule, Receipt of Package 6.1. Flight from USA to Tbilisi is made twice a week on Tuesday and Wednesday. Packages entering the USA warehouse during a week will be sent by the first available flight. Packages entering the USA warehouses stay there for 1-3 days. Additional information is provided on Service-Provider s website Packages are issued from Tbilisi as well as regional offices of the Service- Provider. Additional information is provided on Service-Provider s website Package will be handed over immediately to the Customer (submission of the identity card or passport is necessary). If Customer wishes that package is taken out from the office by another person, he (she) has to notify the Service-Provider about it on its (info@camex.ge) from the mail where the Customer is registered in Service-Provider s system, by indicating the tracking number of the package and personal data of the receiving person. Also it is allowed to pickup the package on the basis of presenting the Power of Attorney (Proxy). 7. Miscellaneous 7.1. All information and service terms and conditions are provided at Service- Provider s website and represents integral part of this Agreement. This applies

7 to the instructions stated on Service-Provider s website, in case of breach of which the Service-provider relieves itself from responsibility Service-Provider maintains the right, having previously notified the Customer, without agreement with the latter, change the terms and conditions of provision of service, rates or terminate the provision of the Service to the Customer Service-Provider is entitled to make records and save the data reflecting the communication with the Customer via internet, all types of TV communication or video surveillance system, including letters sent by , chat or telephone conversations, Facebook or blog comments, which may be used by the Service- Provider for the aim of protecting its rights, in case of arising litigations or other disputes with the Customer Customer s personal information is protected. Service-Provider shall not pass any information to the third party without the court ruling Along with the terms and conditions foreseen by the Agreement, relations between the parties are regulated by the acting Georgian legislation.