1. DEFINITIONS - Pearl of the Orient, shall mean Pearl of the Orient Express LLC a freight forwarder that consolidates balikbayan boxes into full container loads. As a contract carrier, it assumes responsibility for freight received from sender from its origin to destination to various points in the Philippines based upon the House Bill of Lading, which stipulates the services offered and the prices charged to each shipper. PGBox shall mean Pearl Global Box Consolidation, Inc, the forwarding and break-bulk agent of Pearl of the Orient, its principal in the United States. As agent, it undertakes clearing with the Philippine Bureau of Customs and as consignee identified in the master bill of lading issued by the common carrier, it assumes ownership of the freight upon its arrival and act as private carrier in providing transportation of its own freight or intermodal distribution to various points in the Philippines.
2. PROHIBITED/HARZARDOUS/RESTRICTED ARTICLES - The sender is the acknowledged owner of the items contained in the box/shipment and identified by his drivers license number or passport number in the House of Bill of Lading. Sender certifies that the box does not contain any illegal, hazardous, restricted or contraband items such as firearms, and parts thereof, ammunition, explosive, weapons of war, subversive, obscene, flammable material,gambling devices, prohibited drugs, currency, financial instruments, jewelry, live animals and corpses or any part thereof, cremated or disinterred scooters, commercial shipments and perishable items are not allowed to be included in this shipment.
3. PROPER PACKING PROCEDURE - for exceeding the gross capacity of the box, "overweight" boxes (exceeding 120 lbs) will not be accepted. "Bulging" boxes will not be accepted or charged at least $10.00 for taking up additional space.Sender will observe proper packing procedures. These include the sealing with adhesive tape all flaps and seams and labeling the box with names, addresses and phone numbers of the sender and receiver. Sender is responsible for providing leak-proof containers for liquids and for making the box "FRAGILE" if it contains breakable items. Breakable items are not covered by the insurance. Sender agrees that Pearl of the Orient/PGBox will not be held responsible for any form of damage to electronics and/or electrical items that are not packed in the original/manufacturer's box and with the accompanying styrofoam materials to prevent its moving during transit.
4. TO IMPROVE THE SECURITY OF THE BOXES - Pearl of the Orient shall provide senders with very sturdy (double wall) replacement boxes. In the presence of the sender, the driver applies three (3) tensioned plastic straps and joins them together with metal seals. The straps and metal seals serve as security seals of the boxes. If the straps and seals are still intact at the time of receipt of the box, it means that the box was never opened from the time that it was picked up by the driver up to the time the box was delivered to the receiver.
5. CUSTOMS CLEARING AND EXAMINATION - Sender shall comply with the Tariff and Customs Code of the Philippines. If the sender's box was sampled or opened for customs examination and found therein were prohibited/restricted articles and/or items that were undeclared, misdeclared or misdescribed, it is agreed that the sender shall take full responsibility for such violations and the sender shall indemnify Pearl of the Orient and/or PGBox for all expenses incurred as a result of such violations. These include, but are not limited to, payment of customs duties and taxes, penalties, fines, attorney and court fees, storage fees and miscellaneous expenses incurred as a result of the violations committed by the sender.
6. UNPAID ACCOUNTS AND STORAGE FEES - Sender agrees to pay a storage fee if the box(es) cannot be delivered or released due to unpaid accounts and/or due to wrong/incomplete address of the receiver. Forty (40) days after the arrival of the box(es) at the PGBox warehouse, the storage fee of Twenty Pesos per day (Php 20.00) per box per day will be imposed and this will be in addition to the freight charges, delivery fees, custom fees, custom duties, taxes and additional fees as stated in paragraph 2, and 5 above. If the outstanding account including the storage fees remains unpaid for 90 calendar days reckoned from the date of arrival of the box(es) at the PGBox warehouse, the sender agrees that the box(es) or shipment will be subjected to forfeiture and/or private sale without notice to the sender or receiver. Sender agrees to pay the returned check fee of $25.00 and be reported to the credit bureaus if the the unpaid account is not settled within 60 calendar days reckoned from the date when the box/shipment arrived at the PGBox warehouse at 28 Quirino Highway, Balintawak, Quezon City.
7. IF THE BOX IS RECEIVED IN GOOD ORDER AND CONDITION - The Proof of Delivery will be signed and accomplished by the receiver if the box is received in good order and condition. This means that the box was received with the plastic straps and metal seals still intact and the box has no hole, opening or any visible sign or tampering or pilferage and that the receiver has no claim for loss.
8. IF THE BOX IS RECEIVED IS NOT IN GOOD ORDER AND CONDITION - The receiver must described at the back of the Proof of Delivery the appearance of the box and the reasons why the box is not in good order and condition. To claim for loss, it is required that a joint inventory be conducted by the receiver and the delivery person at the time of delivery. Sender/receiver agrees that without a joint inventory, the claim for loss will not be given due course by Pearl of the Orient/PGBox.
9. HOW TO FILE A CLAIM OR LOSS - Sender agrees that Pearl of the Orient and/or PGBox are not liable for the loss/damage of any items that were not properly declared in the House Bill of Lading. In case of total or partial loss or damage of freight, the sender is obliged to submit a Claim or Loss indicating therein invoice value of goods, cost of shipping, packing and insurance and to provide proper documents on the value of the claim. To report a claim and to obtain Claim for Loss call (314)556-7370 in USA or (632)343-8237 if in the Philippines. The sender/receiver agrees that the Claim for Loss will not be honored if not reported in writing within 30 days from the date receipt of the box. In the USA completed and signed Claim for Loss forms will be mailed to Pearl of the Orient at 301 Twinview Terrace, Ballwin, MO 63011 USA. In the Philippines, Claim for Loss will be mailed to 28 Quirino Highway, Balintawak, Quezon City.
10. TERMS AND CONDITIONS - Charges for freight, pick-up and additional insurance are non-refundable and deemed fully earned upon damage of the shipment from the State of Missouri. This House Bill of Lading including the Terms and Conditions on its reverse side constitutes the entire contract between Pearl of the Orient/PGBox and the sender. No employee or representative of Pearl of the Orient/PGBox may modify, add, alter any of the provisions, unless it is made in writing and duly signed by both parties.