By tendering goods and personal effects for shipment from Belgium, The Netherlands or other Europe countrys to the Philippines via Balikbayan-Nederland, the Sender agrees to the terms and conditions stated herein. No agent or employee or affiliate of Balikbayan-Nederland may alter these terms and conditions.
The Export Declaration and Packing List:
Balikbayan-Nederland declaration and Packing List is non-negotiable and Balikbayan-Nederland acknowledges that it has been prepared by Balikbayan-Nederland or by Balikbayan-Nederland on behalf of sender. Sender warrants that it is the owner of the goods transported hereunder, or it is the authorized agent of the owner of the goods, and that the sender hereby accepts Balikbayan-Nederland terms and conditions for itself and as agent for and on behalf of any other person having interest in the shipment.
Sender’s Obligations and Acknowledgements:
Sender warrants that each article in the shipment is properly described on this Export Declaration and Packing List and has not been declared by Balikbayan-Nederland to be unacceptable for transport; and that the shipment is properly marked, addressed, and packed to ensure safe transportation with ordinary care in handling. Sender hereby acknowledges that Balikbayan-Nederland may abandon and/or release any item consigned by Sender to Balikbayan-Nederland which the Balikbayan-Nederland has declared to be unacceptable or which sender has undervalued for Customs purposes, whether intentionally or otherwise, without incurring any liability whatsoever to Balikbayan-Nederland and sender will save and defend, indemnify and hold Balikbayan-Nederland harmless from all claims, damages, fines, and expenses arising there from. Sender shall be liable for all costs and expenses related to the shipment and for costs incurred in either returning the shipment to sender or warehousing the shipment pending disposition. The sender has to TAPED ALL BOXES COMPLETELY for protection in transports (Tape you can buy at us for 1,50 euro with this you can do 1 box), There is no weight limit. The sender send only PERSONAL EFFECTS and second hand goods.
Right of Inspection of Shipment:
Balikbayan-Nederland has the right, but not the obligation, to inspect or open any shipment.
Lien on Goods Shipped:
Balikbayan-Nederland shall have a lien on any goods shipped for all freight charges, customs duties, advances or other charges of any kind arising out of the transportation hereunder, as well as any damages or costs that Balikbayan-Nederland may incur or suffer as a result of non-declaration, and may refuse to surrender possession of the goods until such charges are paid. Balikbayan-Nederland shall have a lien on any goods for any damage that may arise as a result of the shipment of such goods even if such goods were declared as belonging to those listed under Item 10. In the event any check paid by sender to Balikbayan-Nederland pursuant to this contract is returned by the bank, unpaid for any reason, Balikbayan-Nederland has the right to hold sender’s shipment until sender shall have fully paid their obligation herein. If full payment is not received within 30 days from date invoice, sender is considered to have abandoned the shipment and Balikbayan-Nederland has the right to dispose of sender’s consignment in any manner it deems reasonable.
Limitation of Liability:
The liability of Balikbayan-Nederland for any loss or damage to the shipment (which term shall include all goods and effects consigned to Balikbayan-Nederland under this Export Declaration and Packing List) is limited to the lesser of:
€ 150 for regular box and The actual amount of loss or damage to the goods and effect.
Consequential Damages Excluded:
Balikbayan-Nederland shall not be liable, in any event, for any consequential or special damages or other indirect loss, however arising, whether or not Balikbayan-Nederland had knowledge that such damages might be incurred, including but not limited to, loss of income, profits, interest, utility, or loss of market.
Liabilities Not Assumed:
While Balikbayan-Nederland will endeavor to exercise its best efforts to provide on-time transit per carrier schedule and in accordance with regular schedules, Balikbayan-Nederland WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR DELAY IN PICK-UP, TRANSPORTATION, OR DELIVERY OF ANY SHIPMENT, REGARDLESS OF THE CAUSE OF SUCH DELAY.
FURTHER, Balikbayan-Nederland shall not be liable for any loss, or damage, not delivered.
a) Due to act of God force majeure occurrence or any cause reasonably beyond the control of Balikbayan-Nederland or
b) Caused by:
- The act, default, or omission of sender, the Consignee or any other party who claims an interest in the shipment (including violations of any term or condition hereof), or of any person other than Balikbayan-Nederland, or of any Customs or other Government officials, or of any Postal Service, forwarder, or other entity or person to whom a shipment is tendered by Balikbayan-Nederland for transportation to any location not regularly served by the Balikbayan-Nederland regardless of whether sender requested or had knowledge of such third-party delivery arrangement;
- The nature of the shipment or any defect, characteristic, or inherent vice thereof;
- Electrical or magnetic injury, erasure or other such damage to electronic or photographic images or recordings in any form.
c) Value of goods and personal effects not declared in Export Declaration and Packing List.
Claims:
a) Any claim must be brought by sender and delivered in writing to Balikbayan-Nederland within 30 days of the date of delivery to destination. No claim may be made against the Balikbayan-Nederland outside of the time limit.
b) No claim for loss or damage will be entertained until all transportation charges have been paid. The amount of any such claim may not be deducted from any transportation charges owed Balikbayan-Nederland
c) When claims are paid, Balikbayan-Nederland will not reimburse the basic cost of shipment, handling, or assessorial fees and related associated with the consignment claimed.
Applicability:
These terms and conditions shall apply to, and inure to the benefit of Balikbayan-Nederland and its authorized agents and affiliated companies, and their officers, directors, and employees.
Materials Not Accepted For Transport
Balikbayan-Nederland will not accept commercial goods (more than a dozen of any kind) and will not carry:
Precious Metals, Precious Stones, Fire Arms & Ammunitions, Explosives/Toy Guns, Drugs, Perishables, Lewd, Obscene, or Pornographic Materials, Diamonds, Gold, Combustible Materials. Property the carriage of which is prohibited by law, regulation or statute of any federal, state or local government of any country from, to or through which the shipment may be carried.
Any expenses incurred by Balikbayan-Nederland on behalf of sender including, but not limited to, taxes, interests, penalties, fines, surcharges, duties, etc. arising from non-declaration shall be reimbursed or refunded by sender upon submission by Balikbayan-Nederland of proper proof of evidence for such expenses. In such an event, Balikbayan-Nederland is entitled to hold, retain or impound the shipment as surety for payment until said refund or reimbursement is fully satisfied.
Tables of contents and receive evidence:
The responsibility of Balikbayan-Nederland only starts once we have received the money and boxes.
The agents are personally liable in the meantime until they are transferred to boxes and money Balikbayan-Nederland.
