AFFILIATION AGREEMENT TERMS AND CONDITIONS OF SERVICE WITH AIRBOX EXPRESS
For the purposes of this Agreement, the company shall be understood as: Airbox Express S. de R.L. The services offered by Airbox Express S. de R.L. are reserved for and directed at individuals with legal capacity to contract and who are over 18 years old.
Customer: The individual who details their name and general information.
Among the undersigned, to wit: AIRBOX EXPRESS, S. de R.L., a corporation organized under the laws of the Republic of Panama, and on the other part the Customer, who together with AIRBOX EXPRESS S. de R.L. shall be referred to as the Parties, enter into this Affiliation Agreement, in accordance with the following terms and conditions:
Transportation: Notification of the Warsaw Convention of 1929: If the air, sea, or land transportation of your goods or document includes a final destination or stop in a country different from the country of departure, some rules of the Convention and AIRBOX EXPRESS S. de R.L. may use the notification of “The Warsaw Convention of 1929” which contains rules relating to international air transport. Where you agree that your goods or document will be subject to the standard terms of AIRBOX EXPRESS S. de R.L. that limit liability for damages, losses, or delays. Otherwise, our delay will be limited to the sole and exclusive refund of transportation expenses (not to additional declared expenses, customs duties, or taxes advanced by us on your behalf) and our liability for damage or loss up to a sum no greater than US $100.00 or US $9.07 per pound whichever is in accordance with what the Warsaw Convention of 1929 establishes.
Ground Transport Notice: Goods or documents transported completely or partially or exclusively by road—whether by explicit agreement or not—in, to, or from a country that is part of the convention on the contract for international carriage of goods by road (the “CMR”) are subject to the terms and conditions of the CMR, regardless of any other provision of this agreement to the contrary, except that the higher limitations of liability set out in these conditions shall remain in force as opposed to those set out in the consignment note (CMR).
Additional declared value for transport: We do not provide cargo liability insurance or all-risk insurance, but the customer could pay an additional price for an additional declared value for transport. Please call us or consult our current rate sheets. Our maximum liability will be the lesser value between the declared value for transport or your actual damages.
Declared value limit: We only allow a limited declared value for merchandise or documents, in particular those goods of extraordinary value including, but not limited to, jewelry, artwork, antiques, precious metals, silverware, and fur coats, the value for transport is limited and will depend on the content and destination of the goods or any other restricted by IATA.
Liabilities not assumed: Under no circumstances will we be liable for any damage, whether direct, incidental, special, or consequential that exceeds the declared value for transport (Including, but not limited to, loss of income or profits), whether or not we had knowledge that there was the possibility of incurring such damages unless they were caused by our intentional misconduct or gross negligence proven. We will not be responsible for loss, damage, or delay caused by events we cannot control, including, but not limited to, acts of God, force majeure, air hazards, weather conditions, mechanical delays, acts of public enemies, wars, strikes, civil commotions, acts of terrorism, or acts or omissions of authorities (including all officials of state regulatory entities) with actual or apparent authority.
Claims: Every package must be inspected before signing the receipt of this. To process a claim for goods showing evident transport damage, lost or proven missing merchandise, the account holder customer must sign a claim letter, immediately deliver the merchandise if delivery was made at a branch, and provide the invoice for it. If delivery was made to a home address, the customer has up to 48 hours to notify of the claim. AIRBOX EXPRESS de R.L. may take 7-21 business days to respond to the claim depending on its type. Claims are not allowed after the designated time to receive them.
AIRBOX EXPRESS S. de R.L. is a facilitator of merchandise transport; as such, it will not be responsible for damages or malfunction due to factory defects of the merchandise. The customer must contact their supplier directly to file claims of this nature.
The Customer must notify or alert in advance the arrival of fragile packages for proper inspection in Miami. We are not responsible for damages to boxes that are fragile items and are not specifically detailed as fragile on the same box or the tracking number has not been pre-alerted or notified in advance.
For operational or non-evident claims, the customer must contact their supplier so that it can indicate how to proceed.
AIRBOX EXPRESS S. de R.L. provides insurance for all merchandise covering the journey from its arrival at the Miami warehouse until delivery to the customer in Panama. The cost of this is $1.05 for declared merchandise valued up to $99.99, $2.00 for merchandise from $100.00 to $199.99, and $1.50 for every $100 thereafter, in the case of the Premium plan, for the Economy plan the cost is $1.00 for declared merchandise valued up to $99.99, $2.00 for merchandise from $100.00 to $199.99, and $1.50 for every $100 thereafter, and for maritime loads $0.99 for merchandise up to $99.99 and 1.1% for merchandise over $100.00.
Every package withdrawn at our branches must be inspected at the time and placed the “Merchandise Reviewed” seal on its invoice. Claims without the “Merchandise Reviewed” seal on the invoice will not be accepted.
Abandoned Packages: This category will consider all merchandise and/or correspondence that has not been claimed by the customer after being contacted by the staff of AIRBOX EXPRESS S. de R.L. via email or phone call.
AIRBOX EXPRESS S. de R.L. reserves the right to discard packages and mail that have not been withdrawn from their facilities within a period of two (2) months. In the case of packages that remain in the airport warehouse, due to lack of information from the customer, documentation, procedure, or any other inconsistency will be considered after the two (2) months of their entry into Panama as abandoned merchandise and may be delivered to the National Customs Authority or be at the discretion of AIRBOX EXPRESS S. de R.L. and all those packages in the possession of the National Customs Authority, which have been retained due to lack of documentation, procedure, or any other inconsistency will be declared abandoned after twenty (20) business days, according to the REGULATIONS OF THE CENTRAL AMERICAN UNIFORM CUSTOMS CODE (RECAUCA), Article 283 and 604. In the case of packages that remain in the Miami warehouses, due to lack of information from the customer, documentation, procedure, or any other inconsistency will be considered after three (3) months of their entry into the Miami warehouse as abandoned merchandise. After this period, claims for abandoned packages are not accepted.
AIRBOX EXPRESS S. de R.L. reserves the right to credit transportation charges and taxes, or the value of the merchandise, applied to merchandise declared abandoned by the customer or the competent authority.
Right to inspect: The Customer hereby authorizes us, at our option or at the request of government authorities, to open and inspect the merchandise or document by us or by such authorities at any time they may be considered dangerous or suspicious to our discretion or that of the authorities. This inspection may be before and/or after shipment.
With this, AIRBOX EXPRESS S. de R.L. will carry out all trade operational activities safely and responsibly, thus avoiding illicit activities such as drug trafficking, money laundering, practices of bribery and corruption, intellectual property, biosecurity, terrorism, and others.
We exclude Airbox Express S. de R.L. all responsibility for shipments of such articles accepted by mistake. You can visit our website for more details. www.airbox.com.pa
For more information: https://airbox.com.pa/tramites_especiales/
Restricted Items are those that by legal mandate require authorization from one or more competent entities to be subjected to a certain customs regime. Items that in their composition contain alcohol, such as cosmetic products or flammable chemicals; or that are under air pressure such as airbags, shock absorbers, aerosols, among others. These will be categorized as Hazardous Material. The Customer must ensure that the merchandise complies with the mandatory rules in accordance with the Legislation of the Republic of Panama or International Convention, related to the transport of Goods of a dangerous nature and inform AIRBOX EXPRESS S. de R.L. in writing of the exact nature of the danger before it takes charge of the goods of a dangerous nature (The UN Model Regulations use a classification system in which each dangerous substance or article is assigned to a class. There are 9 classes: Explosives, gases, flammable liquids, flammable solids, oxidizing substances, toxic and infectious substances, radioactive material, corrosives and other dangerous substances and articles such as self-reactive substances and dangerous when wet materials, various dangerous goods including some of household use such as chlorine, alcohols, nail polishes, perfumes, aerosols, paints, etc.), indicating if necessary the precautions that must be taken. It is understood that, if AIRBOX EXPRESS S. de R.L. is unaware of the dangerous nature of the merchandise, it may be unloaded or destroyed as required by the circumstances, without compensation to the final consignee of the merchandise, being the responsibility of AIRBOX EXPRESS S. de R.L. to notify the Customer, being this responsible for all losses. Dangerous cargo must come correctly labeled by the supplier for its expedited procedure and acceptance of additional charges by the customer that apply.
If the cargo arrives unlabeled or we are not notified that there is dangerous content and in TSA inspection we are fined or sanctioned the customer will assume all responsibility, expenses, and sanctions imposed.
All dangerous cargo must be notified by the customer to make it known to the Miami warehouse and thus avoid risk situations.
We exclude Airbox Express S. de R.L. all responsibility for shipments of such articles accepted by mistake. You can visit our website for more details. https://airbox.com.pa/
For more information: https://AIRBOX.com.pa/tramites_especiales/
Items requiring special procedures: Such as for consumption (animal or human) and/or skin contact, as well as according to their composition (wood or organic materials).
For more information: https://AIRBOX.com.pa/tramites_especiales/
Customs clearance: By delivering us your goods or documents, the Customer hereby appoints AIRBOX EXPRESS S. de R.L. as their exclusive agent for customs clearance and certifies us with the recipient for the deposits to designate an agent for customs to carry out the customs clearance (unless the customer specifies an agent for customs contrary to this guide/contract) in some cases, local authorities may require additional documentation confirming our appointment. It is the Customer’s responsibility to provide the correct documentation, this includes the invoice for their shipments and payment confirmation when required by Customs, for the Service of Exports and Imports. AIRBOX EXPRESS S. de R.L. may perform any of the following activities on behalf of the recipient in order to provide their services: (1) Pay any customs duty or tax required under the law and applicable regulations. (2) Act as the recipient’s agent or on their behalf to perform customs procedures. (3) Make endorsements of shipping documentation. The Customer guarantees and is responsible for their compliance with all applicable laws, rules, and regulations, including, but not limited to customs laws. The import and export laws and government regulations of any country, to, from, through, or over which your shipment may be transported. The customer agrees to provide this information, and complete and attach to this guide/contract the documents necessary to satisfy such laws, rules, and regulations. AIRBOX EXPRESS S. de R.L. assumes no responsibility to the Customer or any other person for any loss or expenses due to the failure to comply with this provision.
In all applicable cases, taxes corresponding to the invoice value provided by the customer and/or the invoice sent by the supplier with the merchandise will be settled. Under no circumstances will the payment of taxes and customs duties be refunded. Under no circumstances will the payment of applicable customs taxes and duties be avoided or not made. In turn, the Customer is responsible for the information they provide us in terms of content and description of the load, as declared value and invoiced for the purpose of paying taxes or any other procedure that the National Customs Authority of Panama indicates.
The Customer has five (5) business days for packages to be withdrawn from the airport without storage charges. Failure to provide the required documentation for the withdrawal of the packages will incur additional storage charges at a rate of $ 0.05 per Lb. or a minimum of $ 1.50 per day.
For maritime cargo, you will only have the days provided by the fiscal enclosure and which will have been notified, after this period you will have to assume the storage charges provided by the fiscal enclosure.
Payment responsibility: Even if the Customer gives different payment instructions, the Customer will always be responsible for all charges, including transportation charges and other charges related to the handling of their package (repacking, package recognition, etc.), customs assessments and tariffs, including the fees related to our advance payment of the same, government penalties and fines, taxes, our attorney’s fees and legal costs related to the merchandise or documents. The Customer will also be responsible for any costs that may be incurred in returning their merchandise or document, or storing it pending a final decision.
At the time of withdrawing your package at the branch or agency, or receiving it from the home delivery agent (AIRBOX EXPRESS S. de R.L.) you are obliged to withdraw and pay for all packages that are invoiced and available in your account. Under no circumstances may the Customer withdraw their merchandise without first having settled any amount owed at the time of withdrawal.
In case of withdrawing or receiving a package without paying, AIRBOX EXPRESS S. de R.L. has the obligation to report such behavior to the Panamanian Credit Association (“APC”). By signing this document, the Customer gives their express consent for AIRBOX EXPRESS S. de R.L. to make the corresponding notifications in accordance with legal parameters.
Rates: The Customer agrees and undertakes to pay the total charges generated by the handling and importation of their packages in a single payment before delivery of it, subject to those accounts that have a valid credit.
Freight rates are based on whole pounds, so fractional charges will not apply. Freight costs are listed on the website airbox.com.pa and are according to the plan selected according to the rate in force at the time of registration. Having as a reference for the freight of the first 5 pounds the following information:
Pounds Super Economic
Maritime Premium Premium Interior Economy Economy
1 $1.75 $ 4.95 $5.69 $2.95 $3.45
2 $3.50 $ 8.95 $10.35 $5.90 $6.90
3 $5.25 $ 11.56 $13.34 $8.85 $10.35
4 $7.00 $ 14.17 $16.33 $11.80 $13.80
5 $8.75 $ 16.78 $19.32 $14.75 $17.25
AIRBOX EXPRESS S. de R.L. has an online calculator that allows estimating the transportation charges and additional charges that your package will generate. The calculations made are estimates that are calculated with the data provided by the Customer. The Customer understands that there are products that due to their materials or packaging their final weight upon arrival may vary. The charge will be made with the actual weight of the package at the time of its arrival. The rates for the cost of importing the products will be charged to the Customer in relation to the actual or volumetric weight of the products. For the Premium Plan, Where it will later be determined which is greater between the actual weight and the volume weight to proceed with the billing of the freight item. In the case of the Economy Plan, regardless of the dimensions of the product, the volume weight will be determined and the freight item will be billed on the greater of these.
AIRBOX EXPRESS S. de R.L. reserves the right to offer promotional rates among its customers according to the terms and conditions it considers, for the validity established in the terms and conditions of such promotions.
APC Review: The Customer hereby expressly authorizes AIRBOX EXPRESS S. de R.L., to verify, update, register, and request their credit references in APC from the moment of signing this contract.
Additionally, the Customer authorizes AIRBOX EXPRESS S. de R.L., to collect, store, record, organize, elaborate, select, extract, confront, interconnect, associate, dissociate, communicate, transfer, exchange, transfer, transmit or cancel both my credit references and those of the company I represent through the Panamanian Credit Association / APC BURO, S.A. or any other entity deemed appropriate for credit processing, as well as consulting with my full consent the identity verification system (SVI) of the Electoral Tribunal with the objective of validating my identification data.
If you do not pay or withdraw invoiced packages within the current month your account will enter a Suspended state. Thus preventing the delivery of packages until the total balance of the account has been settled.
In turn, if the packages are not withdrawn within ten (10) calendar days of being received at the branch, a surcharge of $0.05 per pound per day will be charged, charging a minimum of $1.50 in all cases.
If you have an account with an established credit limit (after having formally requested it through the credit application) the Customer is obliged to pay the total account balance at the end of each month. If you exceed the credit limit, you must pay the total overdue balance, regardless of the day of the month it is. If the account balance is not paid on the established dates (even if the granted credit limit has not been exceeded) your account will enter a Suspended state thus preventing the delivery and/or withdrawal of packages and mail available at the branch or warehouse.
Any account with arrears of more than thirty (30) calendar days will incur a monthly charge of 2% on the outstanding balance and the account will pass to HOLD status, that is, it will be retained in our warehouse until payment of the amount owed.
Surcharge for credit card payment: If the package payment is made with a credit card, the customs tax item over $500.00 will entail a surcharge of 3% on the invoiced amount. Not so for the merchandise transport services and other items.
Surcharge for purchases made with the credit card of AIRBOX EXPRESS S. de R.L.
Every online purchase valued from $0.01 to $500 will pay $6.50 + ITBMS ($6.96) per form.
Every online purchase valued from $500.01 onwards the handling is considered by calculating 2% on the value of the purchase cost by store.
Online Purchases: Conditions and limitations of Online Purchases
Others: AIRBOX EXPRESS S. de R.L. will have the authority to close the account of the Customer or authorized user who has uttered offenses or insults against them, their representatives, or their workers; both personally or as a company. Likewise, if the misuse of the account in illicit acts of fraud, identity theft, among others, is confirmed.
All our rates are subject to change at any time without prior notice and are calculated based on the physical or volumetric weight of the load, whichever is greater, according to the plan chosen.
The customer can request the change to any branch and/or agency at any time and as many times as required, as long as they have withdrawn and paid for the pending packages in their account. It should be noted that the change of branch or agency may entail a change in the rate due to the location and cost of transporting the merchandise from the Central Warehouse to it. That said, the customer must assume the new rate.
By means of this agreement, the customer authorizes the staff of AIRBOX EXPRESS S. de R.L. to open a free account on the most recommended online sales pages by the company, in case of deciding to close the account with such companies it can only be done by canceling the subscription via email.
Personal Data: The Customer expressly authorizes AIRBOX EXPRESS S. de R.L. to collect, store, record, organize, elaborate, select, extract, confront, interconnect, associate, dissociate, communicate, transfer, exchange, transfer, transmit or cancel their personal data.
The Customer also expressly authorizes AIRBOX EXPRESS S. de R.L. to process their personal data with their lawyers, auditors or accountants, and any supplier, who requires detailed personal data of the Customer to manage notifications and deliveries of these, and to the affiliates of AIRBOX EXPRESS S. de R.L. as well as with its collaborators. All the aforementioned people will handle the Customer’s personal data with due diligence and under strict confidentiality in compliance with applicable legislation, the rules on Personal Data Protection, and according to our privacy policies.
The Customer has the following rights over their personal data:
Right of Access: AIRBOX EXPRESS S. de R.L. will provide the Customer with the personal data that are stored and processed, in case they are requested by him.
Right of Rectification: AIRBOX EXPRESS S. de R.L. will provide the necessary rectification mechanisms to the Customer in case they request to correct errors, modify data that turn out to be inaccurate, outdated, false, incorrect, incomplete, and guarantee the accuracy of the information subject to processing.
Right of Opposition: AIRBOX EXPRESS S. de R.L. will allow the Customer, for founded and legitimate reasons related to a particular situation, to refuse to provide their personal data or to be subject to certain processing, as well as to revoke their consent.
Right of Cancellation: AIRBOX EXPRESS S. de R.L. will allow the Customer to request the deletion of their incorrect, irrelevant, incomplete, outdated, inaccurate, false, or impertinent personal data.
Any change in their data and/or correction of these, the Customer must notify them through the contact form on our website http://airbox.com.pa/contacto
The Customer authorizes AIRBOX EXPRESS S. de R.L. to process their personal data for the purpose of providing them with information about promotions, events, activities, surveys, and AIRBOX EXPRESS S. de R.L. services will use email, SMS, WhatsApp, Social Networks, among others, as a source of communication. Similarly, the Customer authorizes AIRBOX EXPRESS S. de R.L. to send them promotions, discounts on their services, etc. by any digital means.
AIRBOX EXPRESS S. de R.L. is a member of the Chamber of Commerce and Industries of Panama, APAC (Panamanian Agency of Cargo Agencies), and BASC (Business Alliance for Secure Commerce), whose objective is to promote Secure Trade within the Logistic Chain, and we are an accredited AEO (Authorized Economic Operator) by the Customs Authority of Panama
A signed copy of this Agreement will be kept in the files of AIRBOX EXPRESS S. de R.L. digitally and the original signed copy will be delivered to the customer when their registration is at our branches. The Customer may access to see the terms and conditions set forth in this document, as well as the Privacy Notice or through the Welcome email received at the time of subscribing to this agreement.
Apart from this agreement, the Customer must sign Form 1583 of the US postal service.
If the affiliation is online through the site airbox.com.pa by accepting the terms and conditions the customer is expressly accepting each of the terms, conditions, rights, and obligations contained in this document.
The Customer certifies that all the data provided to subscribe to this Agreement are true.
AIRBOX EXPRESS S. de R.L. reserves the right to change, modify, add, or remove the present affiliation agreement. For the interpretation and fulfillment of this contract, the parties submit to the jurisdiction of the courts of the city of Panama, expressly renouncing any other jurisdiction that could correspond to them by reason of their present or future domiciles, for the resolution of any doubt, difficulty or controversy related to part or all of this.
The Parties declare that this Contract will be governed in terms of its interpretation and execution in accordance with the laws of the Republic of Panama. This Contract replaces and annuls in all its parts any document signed previously.
In case part is considered invalid by a court, the validity of the rest will not be affected, which will maintain its obligatory character.
The fact that one of the Parties allows, one or several times, that the other fails to fulfill its obligations or fulfills them imperfectly, or in a different form than agreed or does not insist on the fulfillment of such obligations or does not exercise timely the contractual or legal rights that correspond to them, will not be deemed or equivalent to modification of this Contract, nor will it prevent in any case that such party in the future insists on the faithful and specific fulfillment of the obligations incumbent on the other, or exercise the conventional or legal rights of which it is the holder.
This Agreement may be modified at any time or for any reason, it is considered valid as of the date of its publication on the website https://airbox.com.pa/. We recommend you check our website periodically to be informed of updates.