TERMS AND CONDITIONS
1. Store2Door is fully operated by SMSA Express Transportation Ltd Co. in Saudi Arabia (“SMSA” or “Store2Door”). This Store2Door Account Agreement (“Agreement”) is made and entered into by and between the individual or entity (“Member”) identified in the Store2Door Account Application Form (“Application Form”) and SMSA for the use of SMSA Store2Door services (“Services”). The Services are provided to Member under the terms and conditions of this Agreement (“Terms and Conditions”) and any updates thereof or amendments thereto, and any related operating rules and policies that are published from time to time by Store2Door website (www.store2door.com) (the “Website”).
2.1. Member Registration. Under the terms of this Agreement, Member may purchase Services from SMSA through the Website. In order to access the Services, Member will be required to first establish an account with SMSA by registering at the Website and paying the initial registration fee. If the registration fee is not paid directly, this Agreement will automatically terminate.
2.2. ID Number and Password. Upon registration, Member will be assigned a unique ID number and password. Member agrees to maintain the security of its ID number and password and, in any event, will be responsible for all transactions and other activity by any person using Member’s ID number and password. SMSA has the right to change Member’s ID number, password and/or Delivery Address (as defined below) by giving Member written notice (which may be by email) one month before the change will be effective, identifying the new ID number, password and/or Delivery Address (as defined below).
2.3. Services Scope. The Services will include the following:
(a) SMSA will provide a delivery address and suite number (the “Delivery Address”) within the United States that Member may identify to merchants within the United States (“Vendors”) as the destination for delivery of products purchased by Member and to be consolidated for export from the United States (“Products”). The Delivery Address is that of Access USA Shipping, LLC (“U.S. Package Consolidator”), which is being provided through an agreement with SMSA. In addition to these Terms and Conditions, Members agree to be bound by all terms and conditions of the U.S. Package Consolidator, which can be viewed at SMSA EXPRESS TRANSPORTATION CO. LTD. AND ITS PARTNER'S TERMS AND CONDITIONS.
SMSA and Member acknowledge that, to the extent that there is a conflict between these Terms and Conditions and the terms and conditions of the U.S. Package Consolidator, the terms and conditions of the U.S. Package Consolidator will control with respect to consolidation and export services provided by the U.S. Package Consolidator.
(b) In order to access the Services, each member will be required to agree to these Terms and Conditions as well as all terms and conditions of the U.S. Package Consolidator, which include appointing Access USA as the Member’s agent for export purposes. The Member also agrees to provide all information necessary to allow the U.S. Package Consolidator to identify the Member and to perform its services on behalf of the Member. Such information, including member identification information, must be provided to the U.S. Package Consolidator by SMSA and/or by the Member as a condition of service by the U.S. Package Consolidator.
(c) SMSA will log each Product delivery to its U.S. Package Consolidator into Member’s account and notify Member by email of the delivery. Member may also access information about such deliveries and other account information at the My Account page on the Website.
(d) Member will use the Website to arrange for shipping of Products from the Vendor to the Delivery Address to Member’s designated address in the Kingdom of Saudi Arabia. Where appropriate, SMSA’s U.S. Package Consolidator will consolidate multiple Products shipments to Member.
(e) SMSA will provide online support at the Website with respect to questions about the Services and specific Product shipments.
(f) The Delivery Address is to be used only for package consolidation purposes. Member will not represent that the Delivery Address is its address for any purpose other than as the address to which packages may be delivered for processing prior to export. Member will not represent that the Delivery Address is the address of Member’s place of business or Member’s residence. Failure to comply with this requirement shall result in the cancellation of Member’s account.
3.1. Fees. Services will be made available to Member at the prices posted on the Website when the applicable Services order is submitted and accepted through the Website (the “Fees”). Shipment transportation fees must be settled by Member prior through STORE2DOOR online payment gateway before placing any order. All such Fees must be paid in full when or before Member takes delivery of the applicable Products. Member’s payment obligation is not subject to deduction or set off. Payments are nonrefundable. Moreover, there are additional fees for selective situations:
3.1.1. The Member authorizes the U.S. Package Consolidator to provide SMSA with access to all information maintained or obtained by the U.S. Package Consolidator concerning Member and its purchased, and Member authorizes the U.S. Package Consolidator to take instructions from SMSA as if such instructions were received directly from the Member.
3.1.2. Special Handling Fees. SMSA will charge a fee of (SAR 48) for shipping items that may be required to be handled as dangerous or hazardous materials during international transport. Common dangerous goods include, but are not limited to, batteries, glue and paint. Furthermore, fees will increase depending on the number of hazardous or dangerous items per shipment.
3.1.3. Address Correction Fees. Each package received by STORE2DOOR with incomplete, incorrect or old address will be assessed a (SAR 24) charge. Member must ensure that all merchants and sellers ship all packages with a complete and accurate address including their unique suite number.
3.2. Taxes. Member is responsible for all sales, VAT, excise, personal property or other taxes or duties on the Fees paid or Services provided under this Agreement. Taxes for each Product delivery must be paid in full when or before Member takes delivery of the Products.
3.3. STORE2DOOR reserves the right to hold, cancel, suspend, or freeze any account at any time if the STORE2DOOR account of the person or entity responsible for payment is in negative feedback.
4. Term and Termination
4.1. Termination. SMSA may terminate this Agreement effective upon notice to Member if (a) Member fails to pay any Fees when due hereunder; (b) any content posted at the Website under Member’s ID number gives rise to third-party claims, including claims of infringement, obscenity, libel, defamation or violation of privacy; (c) Member violates any other terms of this Agreement, the terms and conditions of the U.S. Package Consolidator, or any terms and conditions of sale that may be imposed by the seller of the merchandise; (d) SMSA reasonably believes that Member is using the Website or the Services as part of any criminal, tortious (including fraud) or other wrongful business or activity; or (e) Member (i) files a petition in bankruptcy, (ii) has an involuntary petition in bankruptcy filed against it which is not dismissed within sixty (60) days, (iii) makes a general assignment for the benefit of creditors, (iv) admits in writing the inability to pay debts as they mature or (v) has a receiver appointed for a substantial portion its assets. SMSA may also terminate this Agreement without cause upon thirty (30) days’ prior notice to Member.
4.2. Effect of Termination. On expiration or termination of this Agreement for any reason, (a) Member’s ID number and password will be deactivated; (b) Member will cease all use of the Website; and (c) any Fees then outstanding for Services hereunder will become immediately due and payable.
4.3. Golden Membership. In case there is no payment of annual golden membership fees within thirty (30) days after expiry date of the agreement, STORE2DOOR reserves the right to downgrade it to silver membership.
5.1. Warranty. SMSA will use commercially reasonable efforts to provide the Services in accordance with the terms of this Agreement.
5.2. No Other Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMSA DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND ANY WARRANTY BASED ON A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Without limiting the scope of the foregoing disclaimer, Member specifically acknowledges that SMSA has no responsibility or liability to Member or any third party for the availability, operation, quality, compatibility, safety or results of using any Products or services offered or sold by any Vendor. SMSA also has no responsibility or liability to Member or any third party for loss or damage to Products prior to their acceptance by SMSA or its agent at the Delivery Address.
5.3. Compliance. Member is responsible for and warrants his/her compliance with all applicable laws, rules and regulations, including, but not limited to, the import and export laws and government regulations of any country to, from, through or over which Member’s shipment may be carried. This responsibility includes determining and meeting any and all applicable import and export obligations and license requirements, including those of the U.S. Department of Commerce, U.S. Department of State, U.S. Customs and Border Protection, U.S. Department of Treasury, and any and all import obligations or license requirements of the destination country. Additional information is available in the U.S. Package Consolidator’s Compliance Policy and on its Prohibited and Restricted Items page. The United States government provides general information about U.S. export requirements on the Export.gov website. Member represents and warrants, effective upon each purchase of Products through the Website, that such purchase will not result in Member, SMSA, the U.S. Package Consolidator, or any of SMSA’s or the U.S. Package Consolidator’s agents being in violation of any import, export or other law or regulation of any country. Member will indemnify SMSA, the U.S. Package Consolidator, their agents and their employees against damages or expenses (including reasonable attorneys’ fees) incurred with respect to any third-party claim related to Member’s failure to comply with applicable laws or the terms of this Agreement.
5.4. Limitation of Liability. STORE2DOOR’s liability for carriage of any package in connection with a shipment of that package, including but not limited to, any loss, damage, delay, misdelivery, any failure to provide information, or misdelivery of information relating to the Shipment shall be limited as set forth in this Section 5.4.. EVEN IF A HIGHER VALUE FOR A SHIPMENT IS DECLARED, THE LIABILITY OF STORE2DOOR FOR LOSS OF OR DAMAGE TO THE CONTENTS OF A SHIPMENT WILL NOT BE MORE THAN THE ACTUAL VALUE OF THE CONTENTS OF THE SHIPMENT AND STORE2DOOR SHALL BE ENTITLED TO REQUIRE INDEPENDENT PROOF OF THE VALUE OF THE CONTENTS OF A SHIPMENT FOR WHICH A CLAIM IS MADE. The maximum insurance liability for carriage is US$ 1,000 per shipment, regardless of the declared value or insurance costs paid. Member is advised to refer to our 24/7 member service for an explanation of the declared value limits. All shipments contents are limited to a maximum insured value for carriage of USD 1,000 per shipment of commodities of extraordinary items are following below:
• Artwork, including any work created or developed by the application of skill, taste or creative talent for sale, display or collection. This includes without limitation, items (and their parts) such as paintings, drawings, vases, tapestries, limited-edition prints, fine art, statues, sculptures, collector’s items, customized or personalized musical instruments or similar items;
• Antiques or collectable items, or any commodity that exhibits the style or fashion of a past era and whose history, age or rarity contributes to its value. These items include but are not limited to, furniture, tableware, porcelains, ceramics and glassware. Collectable items may be contemporaneous or relating to a past era;
• Film, photographic images (including photographic negatives), photographic chromes and photographic slides;
• Any commodity that by its inherent nature is particularly susceptible to damage, or the market value of which is particularly variable or difficult to ascertain;
• Glassware, including but not limited to signs, mirrors, ceramics, porcelains, china, crystal glass, framed glass and any other commodity with similarly fragile qualities;
• Plasma screens;
• Jewellery, including but not limited to, costume jewellery, watches and their parts, mount gems or stones (precious or semiprecious, cut or uncut), industrial diamonds and jewellery made of precious metal;
• Precious metals, including but not limited to, gold and silver, silver bullion or dust, precipitates or platinum (except as an integral part of electronic machinery);
• Furs, including, but not limited to, fur clothing, fur-trimmed clothing and fur pelts;
• Stocks, bonds, cash letters or cash equivalents, including but not limited to food stamps, postage stamps (not collectible), travelers checks, money orders, gift cards and gifts certificates, prepaid calling cards (excluding those that require a code for activation), bond coupons and bearer bonds;
• Collectors’ items such as sports cards, souvenirs and memorabilia. (Collector’s coins and stamps may not be shipped. See the Items Unacceptable for Carriage section);
• Guitars and other musical instruments that are more than 20 years old and customized or personalized musical instruments. THESE LIMITATIONS OF LIABILITY WILL NOT APPLY TO (I) LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL OR CRIMINAL MISCONDUCT OR (II) THE OBLIGATION TO PAY UNDISPUTED FEES.
If any of the foregoing exclusions or limitations exceed those permitted by any applicable law, the parties intend that these limitations and exclusions be given the fullest effect permitted by such law.
6. General Provisions
6.1. Dimensional Weight. International carriers base their shipping rates on the greater of actual weight and dimensional weight. Actual weight is the weight of the package when put on a scale. Dimensional weight is based on the size of the package. Large items that have a small actual weight, like pillows and lamp shades, will have a larger dimensional weight. Dimensional weight is calculated by multiplying the Length by Width by Height and dividing the total by a "DIM Factor". STORE2DOOR’s DIM Factor is 6000. Therefore, our formula is: Dimensional Weight (kgs) = Length x Width x Height (centimeter) / 6000. Store2Door maximum shipment/package dimension & weight that can be accepted for shipping are based on carrier terms and condition of carriage, these are as follows: MAXIMUM DIMENSIONS (PER PIECE/SKID): length: 274 cm / length & girth: 330 cm; MAXIMUM WEIGHT (PER PIECE/SKID): 68 Kgs per piece/skid.
6.2. Injunctive Relief. Member agrees and acknowledges that a violation of any of the terms of this Agreement may cause irreparable damage to SMSA and that SMSA will be entitled to seek an injunction from any court of competent jurisdiction, without being required to post bond or prove damages.
6.3. Notices. All notices to SMSA under this Agreement will be delivered personally, sent by express courier or sent by certified or registered mail, return receipt requested, to SMSA Express Transportation Company Limited, P. O. Box 63529, Riyadh 11526, Saudi Arabia, attention: Eng. Majed M. Al Esmail, Deputy Managing Director, or to another address specified by SMSA by notice in compliance with this Section 6.3. Such notices will be deemed effective on personal receipt, two (2) days after dispatch if sent as required by courier and five (5) days after deposit in the mail if mailed as required by certified or registered mail.
6.4. Reconsideration and amendment. STORE2DOOR reserves the right to reconsider and amend from time to time in these terms, conditions, services and fees without notice to Member. Any updated terms, conditions shall be effective on the date of publishing by the Website. Therefore, a STORE2DOOR member is responsible to visit the Website periodically for checking new STORE2DOOR terms and conditions.
6.5. Assignment. This Agreement is binding upon and inures to the benefit of the parties and their successors and permitted assigns. Member will not assign any rights or delegate any obligations under this Agreement without the prior written consent of SMSA. Any attempted assignment or delegation in violation of this Section 6.5 is null and void.
6.6. Entire Agreement. This Agreement embodies the entire agreement and understanding of the parties in respect of the transactions contemplated by this Agreement. This Agreement supersedes all prior or contemporaneous agreements and understandings between the parties with respect to such transactions.
6.7. No Third-Party Rights. This Agreement is intended solely for the benefit of the parties hereto and will not be deemed to create any rights in any other person or entity.
6.8. Severability. If any provision of this Agreement becomes unenforceable for any reason, it will be deemed amended as necessary to make it enforceable. The unenforceability of any provision hereof will not affect the enforceability of the other provisions hereof.
6.9. Captions; Authority. The captions of this Agreement are for convenience only and will be ignored in construing this Agreement. If Member is a corporation or other legally constituted entity, the person accepting this Agreement represents and warrants that they have the power to bind Member to the terms of this Agreement.
6.10. Interpretation. This Agreement has been negotiated at arm’s length. Any rule of law that requires interpretation of ambiguities against the drafting party is hereby waived. In this Agreement, the word “including” and its derivatives are not used as words of limitation and, whether or not accompanied by such clarification, are deemed followed by words such as “without limitation.”
6.11. Prevailing Party Entitled to Attorneys' Fees and Costs. With regard to any action related to this Agreement, the prevailing party will be entitled to an award of reasonable attorneys’ fees, costs, charges and expenses, from the initial request for redress through trial, appeal and collection, as applicable.
6.12. Governing Law; Venue. This Agreement will be governed by the laws of the Kingdom of Saudi Arabia. Any action to enforce this Agreement will be brought exclusively in the competent court in Riyadh.
6.13. STORE2DOOR and its U.S. Package Consolidator reserve the right to disclose Member’s personal information at their discretion to any law enforcement agency or government officials requesting it for any reason. This includes information requested in connection with the commission of any offence, in order to comply with applicable laws and lawful official authority requests, to operate the STORE2DOOR or U.S. Package Consolidator service properly, or to protect STORE2DOOR, the U.S. Package Consolidator, and their users or suppliers from cheating and defrauding. Cheating and defrauding shall be inclusive of but not limited to fraudulent payment, use of stolen credit cards, unauthorized chargeback or other reversal of a payment, money laundering or any other unlawful act or transaction.
6.14. Member acknowledges that STORE2DOOR will not directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as “Item”) exported or to be exported from the United States that is subject to the International Traffic in Arms Regulations (ITAR) or that would require an export license under the Export Administration Regulations (EAR). Member also acknowledges that STORE2DOOR does not allow for the use of license exceptions under the EAR or exemptions under the ITAR.
The following items are prohibited:
1- MONEY (coins, notes, currency paper money and negotiable instruments equivalent to cash such as endorsed stocks, bonds and checks), COLLECTABLE COINS AND STAMPS;
2- EXPLOSIVES (Class 1.3 explosives are not acceptable for carriage. In certain countries Class 1.4 explosives may be acceptable for carriage, Member Service should be contacted prior to shipment for details), FIREWORKS AND OTHER ITEMS OF AN INCENDIARY OR FLAMMABLE NATURE;
3- HUMAN CORPSES, ORGANS OR BODY PARTS, HUMAN AND ANIMAL EMBRYOS, CREMATED OR DISINTERRED HUMAN REMAINS;
4- FIREARMS, WEAPONRY, AMMUNITION AND THEIR PARTS;
5- FOODSTUFFS, PERISHABLE FOOD ARTICLES AND BEVERAGES REQUIRING REFRIGERATION OR OTHER ENVIRONMENTAL CONTROL;
6- PLANTS AND PLANT MATERIAL, INCLUDING SEEDS AND CUT FLOWERS (CUT FLOWERS ARE ACCEPTABLE TO CERTAIN DESTINATIONS, INFORMATION AVAILABLE UPON REQUEST);
7- LOTTERY TICKETS, GAMBLING DEVICES WHERE PROHIBITED BY Law of Saudi Arabia;
8- PERISHABLES (OTHER THAN UNDER (7)) unless advance arrangements are made;
9- PORNOGRAPHY AND/OR OBSCENE MATERIAL;
10- HAZARDOUS WASTE, INCLUDING, BUT NOT LIMITED TO, USED HYPODERMIC NEEDLES AND/OR SYRINGES OR MEDICAL WASTE;
11- WET ICE (FROZEN WATER);
12- SHIPMENTS REQUIRING CAREER TO OBTAIN ANY SPECIAL LICENSE OP PERMIT FOR TRANSPORTATION, IMPORTATION OR EXPORTATION;
13- SHIPMENTS THE CARRIAGE, IMPORTATION OR EXPORTATION OF WHICH IS PROHIBITED BY ANY LAW, STATUTE OR REGULATION;
14- SHIPMENTS WITH AN INSURED VALUE IN EXCESS OF THAT PERMITTED (See Section: LIMITS OF LIABILITY);
15- DANGEROUS GOODS
16- LIVE AND DEAD ANIMALS, INSECTS OR ANIMALS THAT HAVE BEEN MOUNTED;
17- PACKAGES THAT ARE WET, LEAKING OR EMIT AN ODOR OF ANY KIND;
18- PACKAGES THAT ARE WRAPPED IN KRAFT PAPER;
19- SHIPMENTS THAT MAY CAUSE DAMAGE TO, OR DELAY OF, EQUIPMENT, PERSONNEL OR OTHER SHIPMENTS.
STORE2DOOR excludes all liability for shipments of such Items howsoever accepted (including acceptance by mistake or under notice).
6.15. Merchandise Returns. If a shipment is refused or restricted, Customer shall choose one of the two procedures within three (3) days: (a) return it to the merchant if it is possible to do so; or (b) dispose of the merchandise promptly if the merchandise is not storable. STORE2DOOR charges a fee for shipping items back to merchant, the rates of shipping will depend on package weight (greater of actual weight and dimensional weight) and carrier shipping cost. Title to any items that cannot be returned for any reason after arrival at the U.S. Package Consolidator’s facility will be forfeited by Member. The U.S. Package Consolidator will have the option of returning all packages/mail to the sender(s) and/or of discarding the items, including by (1) selling any items not returned to the seller and then providing the proceeds of such sales to charity, (2) destroying such items, or (3) providing such items to a government official.
6.16. Undeliverable Shipments. An undeliverable shipment is one that cannot be delivered for reasons that include, but are not limited to, any of the following: (i) the recipient’s address is incomplete, illegible, incorrect or cannot be located, (ii) the shipment was addressed to an area not served by the carrier, (iii) the recipient's place of business is closed (iv) delivery is impossible because of the unavailability or refusal of an appropriate person to accept delivery or sign for delivery of the shipment on the initial delivery attempt or reattempts, (v) the shipment is unable to clear customs, (vi) the shipment would likely cause damage or delay to other shipments or property, or injury to persons, (vii) the shipment contains prohibited items, (viii) the Recipient is unable or refuses to pay for a bill recipient shipment, (ix) the Shipment was improperly packaged or (x) the shipment’s contents or packaging are damaged to the extent that re-wrapping is not possible. If a shipment is undeliverable for any reason, STORE2DOOR may attempt to notify the Recipient through all available contact information to arrange for shipment delivery, without prejudice to any local regulatory constraints. If the recipient cannot be contacted within five (5) business days or fails to settle the transport fees within a reasonable period of time as determined by STORE2DOOR, STORE2DOOR at its sole discretion may place the shipment in a general order warehouse or customs-bonded warehouse or dispose of the shipment. If a shipment cannot be delivered, or cleared through customs, the shipment may be transferred or disposed of by STORE2DOOR at its sole discretion. The recipient will be liable for any and all costs, charges and fees incurred in storing or disposing of an undeliverable shipment. STORE2DOOR reserves the right to hold, cancel, suspend, or freeze any account at any time if the STORE2DOOR account of the person or entity responsible for payment is not in good credit.
6.17. STORE2DOOR reserves the right to discard, destroy, or auction any of Member’s package within thirty (30) days after receipt by STORE2DOOR if: (i) the shipping charges have not been settled by Member; (ii) the mail and/or packages were not clearly identified as belonging to Member; (iii) Member does not claim the mail or packages received at the Member’s Delivery Address, or (iv) if STORE2DOOR has terminated the Agreement for good cause as set forth in clause 18 above. Notwithstanding the above, STORE2DOOR may destroy any pornographic materials or products and all other related content of whatever type immediately upon arrival to Member’s Delivery Address.
6.18. Member is solely responsible for complying with any terms and conditions of sale that may be imposed by the seller of the merchandise. Member acknowledges that STORE2DOOR and the U.S. Package Consolidator are not responsible for any action taken by the seller with respect to Member’s order as a result of the seller’s terms and conditions of sale. Member also is responsible for informing the seller that any merchandise purchased and sent to the U.S. Package Consolidator’s facility ultimately will be exported out of the United States. It ultimately is the responsibility of Member to ensure that the seller provides the export classification of the merchandise and determines if any export licenses are required for the merchandise. Member must ensure that merchandise requiring an export license, or that is otherwise controlled for export, is not shipped using STORE2DOOR’s services.
6.19. Member agrees to furnish the necessary information and complete and attach the necessary documents to comply with any applicable laws, rules and/or regulations, including notifying the United States Principal Party In Interest (“USPPI”), as defined by the United States Foreign Trade Regulations, about the nature of the export in every transaction generated by Member. Member agrees to provide to STORE2DOOR all required information for export purposes from the USPPI, including without limitation the Export Control Classification Number and the USPPI's tax identification number (if an Electronic Export Information filing (“EEI”) via the Automated Export System (“AES”)) is required.
6.20. At no time shall Member provide merchandise or mail to any Prohibited Person (as defined herein). For purposes of this Agreement, a “Prohibited Person” shall mean (a) a person who is a “designated national,” “specially designated national,” “specially designated terrorist,” “specially designated global terrorist,” “foreign terrorist organization,” “specially designated narcotics trafficker,” or “blocked person” within the definitions set forth in the Foreign Assets Control Regulations of the United States Treasury Department, 31 C.F.R., Subtitle B, Chapter V, as amended (the “OFAC Regulations”) or who otherwise appears on the list of Specially Designated Nationals and Blocked Persons, Appendix A to the OFAC Regulations; (b) the Government of Cuba, Iran, or Sudan, including any political subdivision, agency, or instrumentality thereof, or any other country against which the United States maintains economic sanctions or embargos under the OFAC Regulations or Executive Order; (c) a person acting or purporting to act, directly or indirectly, on behalf of, or an entity owned or controlled by, any government, individual, or group against which the United States maintains economic sanctions or embargoes under the OFAC Regulations or Executive Order; (d) a person who is described in section 1 of Executive Order 13224 – Blocking Property and Prohibiting Transactions with Persons who Commit, Threaten to Commit, or Support Terrorism, effective September 24, 2001; (e) a person on any other list of terrorists or terrorist organizations maintained pursuant to any of the rules or regulations of OFAC or pursuant to any other Executive Order; or (f) a person in violation of any other law, regulation, or Executive Order of similar import, as each such law has been or may be amended, adjusted, or modified or reviewed from time to time. In the event that Member is believed potentially to be a Prohibited Person or requests that STORE2DOOR arrange for the shipment of items to an individual or entity believed to be a Prohibited Person, STORE2DOOR may ask Member to provide documentation to show that Member and/or individual or entity to which a request to export items has been made is not a Prohibited Person. If the identity of Member and/or the individual or entity to which a request to export items has been made cannot be proven to the satisfaction of STORE2DOOR or its U.S. Package Consolidator, STORE2DOOR reserves the right to remove the shipping address of such potential Prohibited Persons from Member’s account or to cancel Member’s account, STORE2DOOR also reserves the right to request a signed statement of assurance from Member stating that Member understands his or her obligations under U.S. export law and that Member will conduct screening to ensure that Member does not export to Prohibited Persons using the services of STORE2DOOR, its U.S. Package Consolidator, or its unaffiliated freight forwarders and/or carriers. For additional information about Prohibited Persons, including a tool that will allow you to look up the name of Prohibited Persons, please see the OFAC website.
6.21. Member hereby grants the U.S. Package Consolidator (i.e., Access USA Shipping, LLC) a written authorization to act as his or her agent for the following specific purposes:
· preparation of shipping documents;
· preparation of any certificates of origin;
· preparation of an EEI via AES; and
· preparation of an airway bill or any other document required to export merchandise to Member.
If an EEI (for which an additional charge will apply) is required for goods manufactured and originating within the United States, the U.S. Package Consolidator will file the required export information on behalf of Member as its agent pursuant to this section. If Member or the USPPI fails to provide all of the information needed to accurately file an EEI, the U.S. Package Consolidator will decline to process the merchandise for export. The U.S. Package Consolidator reserves the right to review the accuracy of any information (e.g., by confirming that the Export Control Classification Number or merchandise value provided is correct). Under such circumstances, Member is responsible for all costs incurred in returning the merchandise, tendering the merchandise to government authorities, or forfeiting and/or destroying the merchandise. Member also acknowledges that under such circumstances, STORE2DOOR will not reimburse Member for the value of the merchandise.
Member acknowledges that he/she has a duty to – and is solely liable for – accurately providing all information required by United States' laws and regulations, including information required by 15 CFR § 30 and maintaining all records as required under law. Civil or criminal penalties may be imposed against Member by the U.S. government for making false or fraudulent statements with respect to this information.
STORE2DOOR and the U.S. Package Consolidator assume no responsibility to act as a record-keeper or record-keeping agent for either Member or the USPPI. Member is responsible to supply to the U.S. Package Consolidator all information regarding the USPPI, including its name and employer identification number (EIN), and the Export Control Classification Number (“ECCN”), Schedule B classification, and all other information required under a routed export transaction as described in Title 15, Code of Federal Regulations, Part 30, the Foreign Trade Regulations (FTR). Member also is responsible for providing the above information for any third-party seller listing items for sale on websites or through service providers like Amazon.com or eBay.com.
NOTE: WHEN YOU AGREE WITH ["TERMS AND CONDITIONS”] ABOVE, YOU WILL BE ENTERING INTO A BINDING AGREEMENT FOR SMSA EXPRESS TRANSPORTATION CO. LTD. AND ITS PARTNER'S TERMS AND CONDITIONS , EVEN IF YOU HAVE NOT READ THE FOREGOING TERMS AND CONDITIONS.