Client: The individual who provides their full name and details.
Between the undersigned parties: REDNBLUE, a company organized under the laws of the Republic of Panama, and on the other hand, the Client, who together will be referred to as THE PARTIES, hereby agree to the following terms and conditions:
Transportation
If the air, sea, or land transport of your merchandise or document includes a destination or final stop in a country other than the country of departure, certain rules from the Convention may apply. REDNBLUE may rely on the notification of the “Warsaw Convention of 1929,” which contains rules for international air transport. By agreeing, your merchandise or document will be subject to REDNBLUE’s standard terms, which limit liability for damages, losses, or delays. Otherwise, our delay liability will be limited to a refund of the transportation costs only (not including additional declared costs, customs duties, or taxes advanced on your behalf). Our liability for damage or loss is limited to a maximum of USD $100.00, in accordance with the Warsaw Convention of 1929.
Notice of Ground Transportation
Merchandise or documents transported in whole, in part, or exclusively by road—whether explicitly agreed upon or not—into, within, or from a country that is a member of the convention on the international contract for the transportation 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 liability limitations established in these conditions will remain in effect.
Declared Additional Value for Transportation
We do not provide cargo liability insurance or all-risk insurance, but the client may pay an additional charge for declared additional value for transportation. Please contact us or refer to our current rate sheets. Our maximum liability will be the lesser of the declared value for transportation or your actual damages.
Declared Value Limit
We only allow a limited declared value for merchandise or documents, especially those of extraordinary value, including but not limited to jewelry, artwork, antiques, precious metals, silverware, and fur coats. The declared value for transportation is limited and will depend on the content and destination of the merchandise or any other restriction imposed by IATA.
Unassumed Responsibilities
Under no circumstances will we be liable for any damages, whether direct, incidental, special, or consequential, that exceed the declared value for transportation (including but not limited to loss of income or profits), regardless of whether we were aware of the possibility of such damages, unless caused by our willful misconduct or gross negligence. We will not be liable for loss, damage, or delay caused by events beyond our control, including but not limited to acts of God, force majeure, air hazards, weather conditions, mechanical delays, acts of public enemies, wars, strikes, civil unrest, acts of terrorism, or acts or omissions of public authorities (including regulatory officials) with real or apparent authority.
Claims
Every package must be inspected before signing the receipt. To process claims for merchandise that shows evident transport damage, lost merchandise, or verified missing items, the account holder must sign a claim letter, immediately deliver the merchandise if the delivery was made at a branch, and provide the invoice. If the delivery was made to a residence, the client has 48 hours to report the claim.
REDNBLUE may take 7 to 21 business days to respond to the claim, depending on the type. Claims are not accepted after the designated time for receiving them has passed.
REDNBLUE is a facilitator of merchandise transportation and is not responsible for damage or malfunction due to factory defects. The client must contact their supplier directly for claims of this nature.
The client must notify in advance of the arrival of fragile packages for proper inspection in Miami. We are not responsible for damage to boxes containing fragile items unless specifically detailed as fragile on the box or pre-alerted or notified beforehand.
For non-visible or operational claims, the client has two (2) business days after picking up their merchandise or receiving it at their residence to file the claim along with the invoice.
Abandoned Packages
This category applies to any merchandise and/or correspondence not claimed by the client after REDNBLUE personnel have contacted them via email or phone.
REDNBLUE reserves the right to dispose of packages not picked up from their facilities within sixty (60) days. For packages stored in the airport warehouse due to lack of information or other inconsistencies from the client, after sixty (60) days from arrival in Panama, they will be considered abandoned and may be delivered to the National Customs Authority or handled at REDNBLUE’s discretion. Packages in the custody of the National Customs Authority that have been detained due to lack of documentation or other inconsistencies will be declared abandoned after twenty (20) business days, in accordance with the UNIFORM CENTRAL AMERICAN CUSTOMS CODE (RECAUCA), Articles 283 and 604. If packages remain in the Miami warehouse under the same circumstances, they will also be considered abandoned after sixty (60) days. No claims are accepted for abandoned packages after this period.
REDNBLUE reserves the right to charge transportation fees, taxes, or the value of the merchandise for items declared abandoned by the client or competent authorities.
Right to Inspect
The Customer hereby authorizes us to, at our discretion or at the request of government authorities, open and inspect the merchandise or documents either by us or by such authorities at any time if they may be considered dangerous or suspicious at our discretion or that of the authorities. This inspection may occur before and/or after shipment. With this, REDNBLUE will carry out all operational activities of commerce in a secure and responsible manner, thereby preventing illicit activities such as drug trafficking, money laundering, bribery and corruption, intellectual property violations, biosecurity breaches, terrorism, and other illegal acts.
WE DISCLAIM ALL RESPONSIBILITY FOR SHIPMENTS OF SUCH ITEMS ACCEPTED BY ERROR. Please visit our website for more details www.rednbluepty.com. For more information: www.rednbluepty.com.
Restricted Articles are those that, by legal mandate, require authorization from one or more competent entities to be subjected to a particular customs regime. Articles containing alcohol in their composition, such as cosmetic or flammable chemical products, or that are under air pressure such as airbags, shock absorbers, aerosols, among others, will be categorized as Hazardous Materials. The Customer must ensure that the merchandise complies with the mandatory rules in accordance with the legislation of the Republic of Panama or international conventions relating to the transport of dangerous goods and inform REDNBLUE in writing of the exact nature of the hazard before REDNBLUE takes charge of the dangerous goods. (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, substances liable to spontaneous combustion, substances dangerous when in contact with water, oxidizing substances, toxic and infectious substances, radioactive material, corrosive substances, and miscellaneous dangerous goods that even include some household items such as chlorine, alcohols, nail polish, perfumes, aerosols, paints, etc.), specifying if necessary the precautions that must be taken. It is understood that if REDNBLUE is unaware of the dangerous nature of the merchandise, it may be unloaded or destroyed as circumstances require, without compensation to the final consignee of the merchandise. It is the responsibility of REDNBLUE to notify the Customer, who is responsible for all losses. Dangerous cargo must be properly labeled by the supplier for expedited processing and acceptance of applicable additional charges by the customer.
If the cargo arrives unlabeled or we are not informed of the hazardous content and we are fined or sanctioned during TSA inspection, the customer will assume all responsibility, expenses, and imposed penalties.
All hazardous cargo must be notified by the customer to inform the Miami warehouse and thus avoid risky situations.
Customs Clearance
By delivering your goods or documents to us, the Customer hereby appoints REDNBLUE as their exclusive agent to carry out customs clearance and certifies us as the consignee to designate an agent for customs to perform the customs clearance (unless the customer specifies an adverse customs agent 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, including the invoice for their shipments and payment confirmation when required by Customs for export and import services. REDNBLUE may carry out any of the following activities on behalf of the consignee in order to provide its services: (1) Pay any customs duty or tax required under applicable laws and regulations. (2) Act as the consignee’s agent or on their behalf to perform customs procedures. (3) Endorse shipment documentation. The Customer guarantees and is responsible for compliance with all applicable laws, rules, and regulations, including but not limited to customs laws, import and export laws, and government regulations of any country to, from, through, or over which the shipment may be transported. The customer agrees to provide this information and to complete and attach the necessary documents to this guide/contract to comply with such laws, rules, and regulations. REDNBLUE assumes no responsibility towards the Customer or any other person for any loss or expenses due to the inability to comply with this provision.
In all applicable cases, taxes will be settled based on the invoice provided by the customer and/or the invoice sent by the supplier with the merchandise. Customs duties and taxes will not be refunded under any circumstances. Under no circumstances will the applicable customs duties and taxes be avoided or left unpaid. Additionally, the Customer is responsible for the information provided to us regarding the content and description of the cargo, as well as the declared and invoiced value for tax payment purposes or any other procedure that the National Customs Authority of Panama may require.
For maritime cargo, the customer will have the number of days provided by the fiscal enclosure, and they will have been notified of this. After this period, they will have to assume the storage charges provided by the fiscal enclosure.
Payment Responsibility
Even if the Customer provides different payment instructions, the Customer will always be responsible for all charges, including transportation and other charges related to the handling of their packages (re-packaging, package recognition, etc.), customs assessments and duties, including fees related to our prepayment of these, 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 the merchandise or document or storing it pending final decision.
At the time of picking up your package at the branch or agency, or receiving it from the home delivery agent (REDNBLUE), you are required to pick up and pay for all packages that are invoiced and available in your account. Under no circumstances may the Customer pick up their merchandise without having first paid any outstanding sums at the time of pickup.
In case of picking up or receiving a package without payment, REDNBLUE is obliged to report such behavior to the Panamanian Credit Association (“APC”). By accepting this document, the Customer expressly consents to REDNBLUE making the corresponding notifications in accordance with legal parameters.
Rates
The Customer agrees and commits to pay the total charges generated by the handling and import of their packages in one installment before the delivery of the same, except for those accounts with an active credit line.
Freight rates are based on pounds, so no charge will be applied for fractions thereof. Freight costs are listed on the website www.rednbluepty.com and are according to the rate selected at the time of registration.
REDNBLUE provides an online calculator that allows customers to estimate the transportation and additional charges that their package will generate. The calculations made are estimates based on the information provided by the Customer. The Customer understands that certain products, due to their materials or packaging, may have different final dimensions upon arrival. The rates for the cost of importing the products will be charged to the Customer based on the actual or volumetric weight of the products, or according to the rate selected by the Customer.
REDNBLUE reserves the right to offer promotional rates to its customers according to the terms and conditions it deems appropriate, for the duration established in the terms and conditions of such promotions.
APC Review
The Customer hereby expressly authorizes REDNBLUE to verify, update, record, and request their credit references from APC from the moment this contract is accepted.
In addition, the Customer authorizes REDNBLU to collect, store, record, organize, elaborate, select, extract, confront, interconnect, associate, dissociate, communicate, assign, exchange, transfer, transmit, or cancel both their credit references and those of the company they represent through the Panamanian Credit Association/APC, BURO, S.A. or any other entity deemed appropriate for credit processing. The Customer also consents to REDNBLUE consulting the Identity Verification System (SVI) of the Electoral Tribunal for the purpose of validating their identification data.
If the Customer has a credit limit account (after having formally requested it through the credit application), they are obligated to settle the total account balance at the end of each month. If the credit limit is exceeded, they must pay off the entire overdue balance, regardless of the day of the month. If the account balance is not paid by the established dates (even if the credit limit has not been exceeded), the account will be Suspended, preventing the delivery and/or pickup of available packages and mail at the branch or warehouse.
Others
REDNBLUE reserves the right to close the account of the customer or company for any reason and without prior notice if they deem that the established guidelines have been breached. All our rates are subject to change at any time without prior notice and are calculated based on the physical weight or volume of the load, whichever is greater, according to the chosen plan.
The customer may request a change to any branch and/or agency at any time and as many times as needed, as long as the pending packages in their account have been picked up and paid for. It is important to note that changing the branch or agency may result in a change in the rate due to the location and transportation cost of the merchandise from the Central Warehouse to the new location. Therefore, the customer must assume the new rate.
Personal Data
The Client expressly authorizes REDNBLUE to collect, store, record, organize, elaborate, select, extract, confront, interconnect, associate, dissociate, communicate, assign, exchange, transfer, transmit, or cancel their personal data.
The Client also expressly authorizes REDNBLUE to process their personal data with its lawyers, auditors, or accountants and with any provider that requires detailed personal data of the Client to handle notifications and deliveries, and with REDNBLUE’s affiliates and collaborators. All aforementioned parties will handle the Client’s personal data with due diligence and strict confidentiality in compliance with applicable laws, Personal Data Protection regulations, and in accordance with our privacy policies.
The Client has the following rights concerning their personal data:
1.Right of Access: REDNBLUE will provide the Client with the personal data that is stored and processed upon request.
2.Right of Rectification: REDNBLUE will provide the necessary mechanisms for the Client to rectify any errors, modify inaccurate, outdated, false, incorrect, or incomplete data, and guarantee the accuracy of the information being processed.
3.Right to Object: REDNBLUE will allow the Client, for legitimate reasons related to a particular situation, to refuse to provide their personal data or to prevent specific data processing, as well as revoke their consent.
4.Right of Deletion: REDNBLUE will allow the Client to request the deletion of incorrect, irrelevant, incomplete, outdated, inaccurate, false, or inappropriate personal data.
Any changes or corrections to the Client’s personal information must be submitted through the contact form on our website www.rednbluepty.com. The Client authorizes REDNBLUE to process their personal data to provide information about promotions, events, activities, surveys, and services. REDNBLUE will use email, SMS, WhatsApp, Social Media, and other communication channels. Likewise, the Client authorizes REDNBLUE to send promotions, discounts on its services via any digital means.
If the affiliation is made online through the REDNBLUE website, by accepting the terms and conditions, the Client expressly agrees to each of the terms, conditions, rights, and obligations contained in this document.
The Client certifies that all data provided for the subscription of this Agreement is truthful.
REDNBLUE reserves the right to change, modify, add or delete this affiliation agreement. For the interpretation and compliance with this contract, the parties submit to the jurisdiction of the courts of Panama City, expressly waiving any other jurisdiction that may 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 the agreement.
The Parties declare that this Contract will be governed by the laws of the Republic of Panama for its interpretation and execution. This Contract supersedes and annuls in all its parts any document previously signed.
If any part is deemed invalid by a court, the validity of the rest will not be affected, and it will remain binding.
The fact that one of the Parties allows the other to fail to fulfill its obligations one or more times, or fulfill them imperfectly, or in a manner different from what was agreed, or does not insist on the fulfillment of such obligations, or does not timely exercise the contractual or legal rights that correspond to it, will not be considered or equivalent to a modification of this Contract, nor will it prevent that party from insisting on the faithful and specific fulfillment of the obligations in the future, or from exercising the conventional or legal rights to which it is entitled.
This Agreement may be modified at any time or for any reason and is considered valid from the date of its publication on the website www.rednbluepty.com. We recommend you periodically review our website to stay informed of updates.