Article 1: General
1.1 The “Shipper’s export declaration form” also known as shipping form is non-negotiable and the Sender acknowledge that it has been prepared by the Sender, or by LVM Cargo on behalf of the Sender. The 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 they hereby accept the terms and conditions from LVM Cargo for itself and as agent for and on behalf of any other person having interest in the shipment.
1.2 These terms and conditions apply to all "Balikbayan box services" LVM Cargo offers, and all legal relationships between LVM Cargo and the sender.
1.3 The shipping form is completed in English, and fully consistent with the truth. LVM Cargo reserves the right to make routine spot checks to ensure the contents of the box.
1.4 The sender is aware that LVM Cargo cannot be held responsible for goods shipped for which import or export prohibitions or restrictions apply.
1.5 LVM Cargo reserves the right, but not the obligation, to inspect any shipments without limitation, opening the boxes LVM Cargo deems misdescribed or misdeclared.
1.6 Any expenses incurred by LVM Cargo on behalf of Sender including but not limited to taxes, interest, penalties, fines, surcharges, duties, etc. arising from non-declaration or misdeclaration shall be reimbursed or refunded by the Sender or Consignee upon submission by LVM Cargo of proper proof or evidence of payment until said refund or reimbursement is fully satisfied.
1.7 LVM Cargo shall have lien on any goods shipped for all freight charges, customs duties, advances or other charges of any kind arising out of the transportation hereunder and may refuse to surrender the possession of the goods until such charges are paid.
Article 2: Shipping conditions
2.1 Boxes will be accepted for transport if the box is provided by LVM Cargo, unless other agreed. These boxes have dimensions of approximately 54 x 41 x 37 cm (Small), approximately 70 x 42 x 54 cm (Medium), approximately 72 x 48 x 57 cm (Large) and approximately 80 x 53 x 57 cm (XL). A deposit of € 10,00 per box is charged, this includes customized security tape. This deposit is settled with the shipping fees. For boxes sent by post, postage costs will be charged to the customer.
2.2 The outer side of the box should be completely wrapped with “LVM Cargo security tape” and in the right shape to be ready for transport. Boxes not fully taped with LVM Cargo security tape are excluded from insurance.
2.3 Boxes that deviate from the outside dimensions as mentioned in par. 2.1 (so called pregnant boxes) are excluded from insurance and can be deferred for shipment and will be charged at the amount of € 15, - calculated for the costs incurred.
2.4 Boxes ready for pick up, have to be placed at a convenient spot, i.e. at the ground floor in case of more floors or elevator floor, clearly marked with the name, address and cellphone from the sender and receiver.
2.5 All boxes collected by LVM Cargo have no weight limitations regarding shipment, although LVM Cargo maximize the weight for liability and insurance; the small box 40KG, the medium box 50KG, the large box 60KG and the XL box 70KG. Boxes heavier than mentioned weight are excluded from insurance, might be refused or additionally charged by €1,00 per kilo on top of the maximum weight which applies the insurance.
Article 3: Prices
3.1 The transport rates are determined according with the quotation.
3.2 All general delivery costs except import duties, taxes and shipping surchargescare included in the shipping fees as stated on the LVM Cargo website.
3.3 In case the sender ship goods for which import duties or taxes are due, the sender will be charged for an additional amount. Please call our office for the latest import fees.
3.4 The customer will settle with LVM Cargo the shipping fee in Euro’s in advance by bank payment or on site at LVM Cargo driver. The driver will then issue a receipt as proof of payment. This voucher should be well kept as proof of shipment, without this voucher claims of treatment will not be taken.
3.5 If the payment is made by bank transfer, the money has to be received at the account of LVM Cargo before the box pickup. Orders not paid at the time of loading, will be excluded from shipment until payment is received.
Article 4: Obligations of LVM Cargo
4.1 LVM Cargo will provide services with care and attention. All services provided to the customer are based on best effort.
4.2 LVM Cargo will collect the boxes and deliver them to the address written at the “shipping form”, except in circumstances such as strikes, acts of God, riots, armed conflicts and other threatening situations when delivery at the listed address is not possible.
4.3 LVM Cargo guarantees that all personal data provided to LVM Cargo in connection with this shipment will not be given to third parties in order to ensure the senders privacy.
4.4 LVM Cargo strives at least a few days before collecting to indicate on which day the boxes will be collected.
4.5 LVM Cargo ensures that it will do utmost to deliver the boxes in good condition and at the receivers address as indicated, except in cases as mentioned in Article 4.2.
Article 5: Obligations of the Sender
5.1 The sender offers only properly packed boxes as stated in Article 2 for transport.
5.2 The sender will e-mail not later than 1 week before loading, the destination address to the email address email@example.com.
5.3 The sender will order the empty boxes needed for shipment in a timely manner for which a deposit is charged as mentioned in 2.1. Notification of the payment from the deposit is made at the shipping form.
5.4 In case of complaints or claims, the sender is obliged to contact LVM Cargo within 7 days after receipt of the box in the Philippines. Complaints after this time will not be covered.
5.5 The sender and/or third party must be present on the day agreed to hand over the box. In case of a cancellation within the last week prior to the shipment, costs will be charged for the expenses made for reservation.
5.6 The Sender hereby acknowledges that LVM Cargo may abandon and/or release any item consigned by the Sender to LVM Cargo which LVM Cargo has declared to be unacceptable or which the Sender has undervalued for Custom’s purposes or misdescribed here on whether intentionally or otherwise and hold LVM Cargo harmless from all claims, damages, fines and expenses arising there from. The Sender is liable for all costs and expenses related to the shipment and for costs incurred in either returning the shipment to the Sender or warehousing the shipment pending disposition.
5.7 The sender is responsible for a timely pickup notification to LVM Cargo. If more boxes are provided than can be loaded, LVM Cargo can decide without notification to transfer boxes from any customer to another shipment.
5.8 Unless the nature of the Contract dictates different, the Client is responsible for the accuracy, completeness and reliability of the by LVM Cargo requested data and documents, even if they originate from third parties.
Article 6: Damage claims
6.1 LVM Cargo’s liability is always limited to the amount of US$ 200,00 per box.
6.2 LVM Cargo is only liable for direct damages. Direct damages means losses of the box or losses from inside the box.
6.3 Claims should be submitted in writing.
6.4 Computing equipment, breakable goods, money and jewelleries and other goods as stated in article 7 are not eligible for compensation. Shipping of these goods is for own risk.
6.5 For all goods the original proof of purchase must be shown. For any damage claim or losses an estimated current market value will be paid with a total maximum of US$ 200,00 per box.
6.6 Only products listed on the packing list will be compensated with a total maximum of US$ 200,00 per box.
6.7 Import customs formalities and costs claimed, or incorrectly declared goods are for the account of the sender.
6.8 When claims are paid, LVM Cargo will not reimburse the costs of shipment, pick-up, duties and delivery charges.
6.9 Damage claims are only eligible for compensation if the box is provided by LVM Cargo and packed as stated in paragraph 2.1 and 2.2, as well the weight of the box complies paragraph 2.4. Boxes that do not complies to these regulations are excluded for any kind of compensation.
6.10 Damage claims are not eligible for compensation if; in circumstances such as strikes, acts of God, riots, armed conflicts and other threatening situations when delivery at the listed receiver's address is not possible and/or the box provided to LVM Cargo doesn’t comply par. 2.1 and par 2.2 and par. 2.4.
Article 7: Material not accepted for transport
7.1 Prohibited for shipment are; Firearms, Ammunitions, Explosives, Precious Metals, Precious Stones, Drugs and perishables; Negotiable instruments in bearer form, Lewd, obscene or pornographic materials; Industrial carbons and diamonds; Combustible materials; Property the carriage of which is prohibited by law, no or through which the shipment be may carried; any material which may be considered “hazardous” material and dangerous goods, will not be shipped by LVM Cargo.
7.2 Prohibited for shipment under the definitions of the Philippine Bureau of Customs are commercial goods or goods that have to be taxed with import tax like goods in commercial quantities, gasoline motors, motorcycles or motorcycle/car-parts known as chop-chop motorcycles/cars.