Standard Terms and Conditions of Contract
1. GENERAL
1.1 This contract sets out the terms and conditions upon which we will supply services to you. In this contract, you the customer and sender will be referred to as the shipper, and the recipient will be referred to as the consignee,
1.2 LBC shall not be liable for other damages, such as moral and exemplary damages, and consequential damages, unless, the amount of foreseen consequential damage is declared during the acceptance and higher freight fee is paid.
1.3 LBC is not a common carrier. We may refuse to handle, transport or store goods for you for any reason whatsoever at our absolute discretion.
1.4 The terms of this Contract cannot be waived or varied except by a written instrument executed and delivered by authorized representatives of the shipper and LBC which specifically states that waiver or variation.
2. ACCEPTABLE ITEMS
2.1 Any goods accepted/received from the shipper or from any other person in behalf of the shipper in whatever packaging be it in pallet, in containers picked up or received by LBC for transport to the Philippines shall be subjected to the following terms, conditions and limitations.
2.2 Item shall consist of personal effects allowed for transport under Balikbayan box which are not of commercial volume/purpose/or value as determined under pertinent laws of ports of origins and destination.
2.3 LBC will not accept any prohibited Items for shipment. Prohibited Items are items that are subject to Import or export restrictions in the country of origin and destination.
2.4 LBC will not accept any Items for shipment containing hazardous materials or dangerous goods based on LBC's assessment and discretion.
RIGHT TO RESPECT
LBC reserves the right, at any point to open and inspect any package tendered to it. LBC will not ship and will return any shipment that includes:
A.Items that are listed in the Prohibited Items List; orB.Items that are considered, at LBC's discretion, unsafe or unlawful to ship or transport,
3. WARRANTY
3.1 Shipper warrants that the value and contents of the package are accurately declared in the packing list for purposes of import tax assessment as well as determination of liability in case of loss or damage.
4. LIMITATION OF LIABILITY
4.1 The maximum liability that LBC automatically covers free as Is computed at the front of packing list and dependent on the origin of transaction . If the shipper's declared value exceeds such
Maximum liability computed overleaf, the shipper may need to pay additional liability (2% of the declared value of the shipment).
4.2 The shipper may need to pay additional liability at the time of transaction based on the rate provided by LBC.
4.3 Subject to the aforesaid, LBC WILL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, WHETHER OR NOT LBC KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES MIGHT BE INCURRED. INCLUDING. BUT NOT LIMITED TO, LOSS OF INCOME OR PROFITS.
4.4 Notwithstanding the above, LBC will not be liable or responsible for loss, damage or delay caused by events or circumstances that LBC cannot control, including but not limited to:
"Acts of God", perils of the air, public enemies, criminal acts of any person(s) or entities, including but not limited to, acts of terrorism, public authorities acting with actual or apparent authority, acts or omission of customs or quarantine officials riots, strikes or anticipated strikes (of any entity, including, but not limited to other carriers, vendors sub-contractors or suppliers), or other local disputes, civil commotion, hazards incident to a state of war (whether or not declared) or insurrection, weather conditions (as determined solely by LBC), natural disasters (earthquakes, floods, hurricanes are examples of natural disasters), national or local disruptions in air transportation networks (as determined solely by LBC), conditions that present a danger to our personnel, or disruption of failure of communication and Information systems (Including but not limited to, our systems). In such circumstances as mentioned above, we will make reasonable efforts to transport and deliver packages to their destination as quickly and as practicable under these circumstances.
We are under no duty to advise you of the potential or actual existence of any one or more of these circumstances:
Delays caused by customs clearance procedures or those of other regulatory agencies, including delays caused by incorrect, incomplete, inaccurate or missing customs documentation, or by our adherence to our policies regarding the payment of duties and taxes.
Delays caused by the shipper's failure to provide accurate delivery address information. Damages or losses for items not specifically listed on the packing list. Damages incurred by shipping perishable or breakable items. This includes items such as electronic equipment, dented canned goods, cooking oil in any type of containers, shampoo, conditioners,chocolate syrup, etc. Items will be accepted and SHIPPED AT OWNER'S RISK" (SOR), Damages incurred by the shipment of used computers or any used components thereof or any type of electronic equipment. Damages due to recipient refusal to accept a shipment. Damages due to leak or spillage. The shipper is responsible for all damages, costs and fees of any type connected with the cleaning up of any spill or leakage including damage to properties belonging to third parties. Damages indicated by any shock watch, tilt meter or temperature instruments. Loss or damage to any package for which we have no record of tender to LBC. Damages due to any Inherent defect In an Item. Damages due to fraud by the shipper.
4.5 LBC will not be liable for, nor will refund or give credit of any kind as a result of any loss for which we have no record of tender to LBC or any lost Items not properly declared in the Packing List as a result of pilferage, damage or expense arising from or any way connected with marks, weight, numbers, brand, contents, quality or description of any goods, delay, miss delivery, non-delivery, misinformation or failure to provide Information caused by resulting in whole or in part inability to contact the shipper or consignee concerning incomplete or inaccurate address; or incorrect, incomplete, inaccurate or missing documentation.
5. DELIVERY
5.1 LBC will make reasonable efforts to transport and deliver packages to their destination as quickly as practicable under the circumstances stipulated in this contract; and LBC is under no duty to advise you of the potential or actual existence of any one or more of these circumstances.
5.2 If the packages could not be delivered to the recipient address and LBC elect to re-deliver the goods to you. LBC will charge you for the cost of the re-delivery including any storage costs Incurred by LBC.
5.3 When shipment is refuse at the time of delivery or unclaimed by the consignee, Lac will contact the shipper for additional instructions. If the shipper Instructs LBC to return the shipment to the shipper, the Shipper will bear all costs associated with the return of the shipment. If no additional instructions are received, LBC will dispose of unclaimed or refused shipments after 90 days from delivery or pick up data after proper notice. The shipper is responsible for incineration or destruction of the cargo and/or all cost associated herewith.
LBC'S DELIVERY COMMITMENT IS BASED ON THE EXPECTED DEPARTURE DATE OF THE VESSEL AND NOT AT THE TIME OF PICK UP. DEPENDING ON THE ORIGIN, VESSEL MAY LEAVE WEEKLY OR MONTHLY. SHIPPING SCHEDULE MAY CHANGE WITHOUT PRIOR NOTICE.
5.4 Proper notice is defined as written notice sent to the last known address of the shipper.
5.5 LBC reserves the right to change its delivery areas anytime without notice. Items sent for destinations outside its delivery zone areas are available for pick up at the nearest LBC office.
6. CUSTOMS AND TAXES
6.1 All shipment crossing International borders must be cleared through customs in the destination country before being delivered to the recipient.
6.2 When shipments are held by the customs or other agencies including because of Incorrect or missing documentation. LBC may attempt to notify the recipient or shipper as determined by the local law of the country where the shipments are held. If the recipient or shipper fails to supply the required information or documentation, the shipment may be deemed undeliverable. Thereafter, LBC assumes no responsibility for inability to deliver or delay.
6.3 LBC is hereby appointed by the shipper as the agent for performance of customs clearance, where necessary and allowed by law. LBC shall be deemed as the nominal consignee and will designate a customs Broker to perform the customs clearance. If local authorities require documentation confirming that LBC has been designated as the nominal consignee, the shipper shall provide the needed documents in such form as LBC shall require and without any delay.
6.4 All expenses, including customs penalties and storage charges incurred as a result of an action by Customs, or failure by shipper or consignee to provide proper or complete documentation or to obtain a required license or permit will charged to the consignee along with any applicable duty and tax. If consignee from whom reimbursement is requested refuses to pay assessed penalties, storage expenses, duties and taxes, LBC may either hold the shipment until said reimbursement has actually been received, or deliver the shipment to the consignee and bill the shipper later. Shipper remains liable for all amounts advanced by LBC.
6.5 LBC reserves the right to withhold the delivery of any shipment until full payment has been made by either recipient or shipper. LBC shall not be liable for any damages whether direct, Incidental, special or consequential including but not limited to loss of income of profits for the late or non-delivery of the shipment due to unpaid charges.
7. INDEMNITY AND LIEN
7.1 The shipper hereby indemnifies LBC against all losses, costs, expenses, claims, demands, proceedings, fines, penalties and damages suffered or incurred by or asserted against LBC by reason of any act, error, omission, misstatement or misrepresentation by the shipper, Insufficient or improper packing or labeling or address of a shipment, or the nature of condition of any Items shipped, Including without limitation any losses of or damages to the carrying vehicle or other goods carried, and any liability of any kind of LBC to any third arising out of the foregoing.
7.2 LBC shall have a general lien against any items being shipped for any amounts due to LBC by the shipper, whether for its shipping charges, for any amount due under the indemnity in the preceding paragraph, or otherwise. If any such amount is not paid when due, LBC may sell the items being shipped and apply the proceeds of such sale to such unpaid amounts; provided, that the shipper shall remain liable for any shortfall between the amount of such proceeds and the amount due and LBC shall remit to the shipper any excess of such proceeds over the amount due.
B. PRIVACY
LBC is committed to protecting the privacy of its customers. We do not sell or share your non-public personal information for the benefit of third parties.
LBC collects and use customer's information to verify identification as required by law, to process transactions, and to provide better services, Keeping our customer information secure is one of our most important responsibilities.
LBC will maintain physical, electronic, and procedural safeguards to ensure that your private information is protected at all times.
LBC's employees are authorized to access customer information only when they need it to provide the customer with products and services. LBC's employees are bound by a code of ethics that require confidential treatment of customer information are subject to disciplinary action if they fail to follow this code.
'To know more about the privacy policy and practices of LBC Express Group please visit (https://www.lbcexpress.com/privacy-policy).
9. CONFIDENTIALITY
LBC does not provide any information about its shippers and their transactions to anyone else other than shippers themselves, except as provided by applicable law.
10. CONSIGNEE AND VERIFICATION REQUIREMENT
LBC requires that each consignee must present a valid government Issued ID at time of delivery In order to release any shipment. A consignee will be asked to sign a Proof of Delivery ("POD"). A POD may be provided to the shipper upon request.
LIST OF ACCEPTABLE PHILIPPINE IDENTIFICATION
Digitized SS ID/GSIS ID
Driver's License
Professional Regulations Commission ID
Passport
Company ID
School ID
Terms and Conditions of Money Transfer
1. ABOUT US
The Blue Eagle and LBC Service Pte. Ltd is a registered MANPOWER and authorized to provide remittance products and services. ("Service") to overseas worker. These Terms and Conditions, along with the terms in your online form constitute the ("Agreement") between us and you, the individual sender of the Service ("you" or "your") and govern your use of the Service.
2. OUR SERVICE
1. Blue Eagle and LBC Service Pte. Ltd (hereinafter referred to as “LBC”) will provide you (Shipper/Sender) with a money transfer service to a person designated by you (the Consignee/Beneficiary) to
(i) collect in cash at an LBC affiliate location in the Philippines ("Branch Pick-up"); or
(ii) receive into a bank account or other type of account which we may allow ("Remit to Account"). We may apply limits to the amount you are able to send using the Service, and we'll tell you if we do.
2. Use of the Service is subject to payment of the fee stated on the online form ("Fee"). You agree to bear all fees for the transfer, including any local taxes or service charges that apply to the transfer in the destination country.
3. The service may only be used for lawful purpose and may not be used to transfer money derived from illegal source. Please also read the fraud warnings on the online form, we will not be liable if you ask us to pay a consignee/beneficiary and you then change your mind after the consignee/beneficiary has been paid.
4. For our LBC CONNECT – SEND MONEY you must set up a "Profile" before you can use the Service. In order to do so, you must provide some personal information, a "User ID" (which is your email address and mobile number. Either of the two can be used for identification purposes and to login to your Profile) and a password which you must not share with anyone else. All information provided by you shall be stored in your Profile, and shall be maintained by us or our "Service Providers" (any company or companies engaged by us or our contractors to provide the Service) based upon the information supplied by you.
5. A Transfer made in conjunction with the initial application for a Profile will be delayed until your identity and your identity and payment information have been fully confirmed by LBC
6. You agree to update your PROFILE if your email address or other contact information in your Profile have changed, before you make a Transfer.
7. While LBC will try to ensure the FUNDS is available for collection by the Consignee/Beneficiary at the selected location of the LBC Affiliate in the Philippines on the date of the transaction and during the hours of operation of our affiliates and partners, FUNDS may be subject to delay due to circumstances outside LBC’s control, such as exceeding account limitations, regulatory requirements, bank holidays or other conditions in the destination country. Accordingly, LBC makes no representation regarding the exact time when the Transfer will be available for collection by the Consignee/Beneficiary.
You understand that funds may be released/withdrawn at any of LBC’s branches and requests for specific location is considered only a preference and shall not bar the beneficiary to choose another location.
8. We may, without notice (except as required by law) and without liability to you, terminate or suspend your access to our SERVICE at any time, including without limitation, if:
(a) you provide incorrect or false information about yourself or about a Consignee;
(b) you attempt to tamper, hack, modify or otherwise corrupt the security or functionality of the Service;
(c) we receive conflicting claims regarding ownership of the funds;
(d) you have breached a term or condition of this Agreement, or any representation or warranty that you make under this Agreement is false;
(e) we determine that your Profile is inactive;
(f) we believe that the Transfer may expose us to action from any government or regulator.
We reserve the right, in our sole discretion (i) refuse any transaction or limit the amount to be transferred, (ii) require additional information to complete a transaction, and/or (iii) take reasonable measures with respect to a transaction in an effort to comply with applicable laws and regulations.
9. We may without liability to you, but with prior notice, terminate or suspend your access to the Profile at any time and for any reason.
10. LBC shall, in no event, be liable
(i) where the unauthorized payment arises from your failure to keep the security features of your LBC Connect Account safe or you compromised the security of your account, whether negligently or with intent; or
(ii) when you failed to provide LBC any notice of security issues affecting your account
11. By logging into your Profile, completing your transaction details, ticking the Terms and Conditions box and the ‘SUBMIT’ button and paying the Fee and Transfer amount as stated in the online form by either credit or debit card , you are acknowledging that you
(i) accept the terms of this Agreement,
(ii) consent to the execution of the Transfer,
(iii) agree to be bound by the terms and conditions relating to the Transfer
(iv) confirm that the information within the form which you have provided is true and accurate in all respects
12. After we receive your request to make a Transfer and payment, we will confirm the Transfer and provide a TRACKING number to you. You must call us if any of the information you provide changes before the Beneficiary collects or receives the money.
13. We will report Transfers to government authorities if we are required to do so by law and we may refuse to provide the Service (in whole or part) if we reasonably believe that:
(a) by doing so we might breach any LBC policy (including policies intended to prevent fraud, money laundering or terrorist financing) and/or break any applicable law, order of the court, regulation, code or other duty that applies to us or requirement of any regulatory or governmental authority, body or agency having jurisdiction over us;
(b) doing so may expose us to action from any government or regulator;
(c) it may be linked with fraudulent or illegal activity; or
(d) we otherwise consider such action necessary to protect our interests. In each case we are only able to provide the reasons for a refusal if allowed by law.
14. You cannot send a Transfer on behalf of a third party.
15. LBC will not be liable for any complaint arising from customers sharing their credentials with third parties as this constitutes a breach of LBC Terms and Conditions.
16. Cut-off and Processing Times. LBC, at its option, may change its cut-off and processing times for transactions, amendment, cancellation and refund. Any transaction received after applicable cut-off will be treated as having been received on the next following business day and will be processed accordingly.
17. You agree to provide LBC with full and accurate information to the best of your knowledge as required for the purposes of the Service. LBC may not complete the Transfer of funds to the Consignee without such information. LBC will not be responsible for any delay or wrong payment due to incomplete or incorrect information provided by you.
3. ONLINE TO CASH TRANSFERS
1. You are responsible for contacting the Recipient to advise them when the money will be ready for encashment. Encashment may only be made during LBC’s affiliates opening hours and subject to local regulations.
2. To collect the funds in cash, the Consignee must provide all details about the money transfer required by us, including your name, country of origin, their name, Transfer amount and the tracking number given to you at the time of the Transfer (the “Collection Details”). The Consignee must also provide evidence of identity. The acceptable forms of evidence of identity differ depending on the country in which the Transfer is collected.
3. You must not give any of the details of the transaction (whether or not redacted) to anyone other than your consignee. You must also ensure that no one, other than your consignee, can obtain the transaction details or any part of them. if you, directly or indirectly, disclose any transactions details to anyone other than your chosen consignee then:
(a) you can make it easier for someone to impersonate the recipient and collect the transfer in their place; and
(b) we will not be liable if we pay the money to someone (other than the recipient) who gives the agent the collection details and what the agent reasonably believes to be valid evidence of identification.
4. REMIT TO ACCOUNT AND PESOPACK DELIVERY
1. For remit to account transactions, we will send the money to the account you specify on the online form. Banking practices may vary depending on the Recipient country. For more information on when a payment will be credited to such an account, you need to contact the Consignee’s account provider. The Consignee’s account provider may apply its own charges to the Transfer, which do not involve us.
2. If you provide incorrect information about the Consignee and the funds are deposited to an account other than the Consignee’s account, LBC shall not be liable for any resulting loss.
2. For Peso Pack Delivery, the money will be delivered to the address provided by you or to the address provided by the Consignee, as the case may be.
The Beneficiary will be required to provide documentation and information acceptable to the delivery service provider in order to receive the money, including without limitation the Tracking Number, identification and shipper information.
5. UNCLAIMED REMITTANCE
1. Funds that had not been encashed within 30 days, the Transfer will be locked and will be released only upon further verification.
2. For unclaimed remittance, we will attempt to contact you so that you can arrange for a refund of the amount of the remittance. If you become aware that a transferred amount has not been collected please contact us to ask for a refund.
6. CANCELLATION AND REFUNDS
1. You do not have a right to cancel a Transfer. However, amendment, cancellation or refund requests may be accommodated of the fund has not yet been received by the consignee.
Only the principal amount may be refunded unless LBC or the applicable law has determined otherwise. Once cancellation and refund procedure has been duly complied with and LBC has determined the request to be valid, a refund will be made withing thirty (30) days from the date the request was validated.
Under no circumstance can a cancellation, refund or amendment be accommodated once the funds transfer has been completed. In addition, it is your responsibility to notify LBC with any changes to the information of your Consignee.
7. CHARGES AND CURRENCY EXCHANGE
1. The financial institution that provides you with your debit or credit card may impose fees in connection with your payment for a Transfer. Fees imposed by your financial institution or by any other person not directly a party to the Transfer, such as the Recipient’s financial institution, will not be reflected on the breakdown of costs provided to you for your Transfer.
32 There are limits on the amount and currency of the money you are able to send. Your chosen currency, agreed exchange rate, and converted amount will be stated in the online form and transaction summary.
8. LIABILITY
1. We have no obligation to you to initiate or perform a money transfer or other transaction as part of the service if:
(a) we are unable to obtain satisfactory evidence of your identity;
(b) we have reason to believe that the information in the documentation provided by you is incorrect, unauthorized or forged; or
(c) you provide us with incorrect or incomplete information;
And we do not accept any liability for damages resulting from non-payment or delay in payment of a money transfer to a recipient or failure to perform a transaction under the service by reason of any of these matters.
2. We will not be liable to you if we break this agreement due to:
(i) abnormal and unforeseeable circumstances outside our control where we could not avoid breaking this agreement despite all efforts to the contrary - this may include, for example, delays or failures caused by industrial action, problems with another system or network, mechanical breakdown or data-processing failures; or
(ii) our obligations under law.
3. LBC accepts no liability for service delays or any failure to perform the transaction in accordance with your instructions if there are due to local regulations or circumstances outside LBC’s control. LBC will not be liable for any indirect or consequential loss. LBC will not be responsible for goods and services that may be paid for by the funds.
4. Nothing in this agreement limits our liability for acting fraudulently or very carelessly or otherwise excludes or limits our liability to the extent that we are unable to exclude or limit it by law.
9. DATA PROTECTION AND PRIVACY
By continuing with this transaction, you consent to the collection, use, disclosure, and transfer (including cross-border transfer) of your personal information as described in our Privacy Notice
LBC will use the information provided by you, including personal information about yourself and the Consignee, to provide you with the Service and to manage ongoing relationship with you. You warrant to LBC that you have full authority and consent to provide the Consignee’s details to us and our affiliates in connection with the Service.
You acknowledge and agree that:
You the sender, confirm that you have met or know the consignee.
You have obtained the Consignee’s consent to providing their personal information to LBC for the purpose of LBC facilitating the Transfer; and
You have either provided the Consignee with a copy of LBC Privacy Policy, or you have provided the Consignee with an electronic link to the Privacy Policy.
LBC may send notices to you about your Transaction, your use of the Service or for other purposes, such as providing you with details regarding new developments, products, services and special offers. We may use any email address or other personal information you provide to us at any time for this purpose.
However, if you prefer not to be contacted for any of the above-mentioned reasons or via any of the above-mentioned means, you have the option to unsubscribe or opt-out if you so desire. To stop receiving SMS messages, reply "STOP" to any LBC SMS message received.
10. CUSTOMER SERVICE INFORMATION
1. In the event that you are dissatisfied with the Service or believe an error has occurred with your Transfer, please contact us as soon as possible. For full details of our complaints procedure or consumer protection advice, or to submit a complaint, you can:
- write an email to: [email protected]
2. We will deal with your complaint promptly and fairly. We will try our best to resolve your complaint at the first opportunity. In case we feel we need more time to resolve your complaint, we will send you a final response letter within 15 business days of receipt of your complaint. In exceptional circumstances, we will send you notice if we need more time to resolve your issue.
11. GOVERNING LAW
The Agreement is to be construed in accordance with the law of Taiwan and any dispute with respect to the Agreement is to be subject to the exclusive jurisdiction of the Taiwan courts.
12. SEVERABILITY
In the event any provision (or part provision) of the Agreement is held by any court or authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed not to form part of the Agreement and the validity and enforceability of the other provisions of the Agreement will not be affected.
13. AMENDMENT
LBC may make modifications, alterations, changes or variations to any term of this Agreement, by notifying you in writing, including by email, of the details of the amendment or modification.
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