AFEX LLC TERMS AND CONDITIONS

All services provided by AFEX LLC are governed under our Terms and Conditions, and are subject to change at any time. These Terms and Conditions apply to a standard routed export transaction, when Member purchase products in the United States from merchants acting as the U.S. Principal Party in Interest, as defined by the United States Trade Regulations.

Activation of the Member's AFEX account or use of services provided by AFEX LLC through the afexcn.com website (“Website”) will represent Member's acceptance of these terms and conditions (hereinafter "Terms and Conditions"), and Member's authorization for AFEX to charge Member's payment method for all future charges incurred under the Member’s account. Member acknowledges that AFEX’ Privacy Policy applies to these Terms and Conditions.

 

AFEX reserves the right, at its sole discretion, to change, modify, or otherwise alter these terms and conditions. It is Member's responsibility to review the AFEX Terms and Conditions periodically as continued use of AFEX' services will constitute Member's acceptance of any revised terms and conditions. If Member disagrees with modification made to these Terms and Conditions, Member’s only recourse is to immediately cease using the AFEX services, the AFEX account, and this Website.

 

AFEX prohibits any illegal activity by its Members. Any charges incurred, for legal advice or otherwise, by AFEX in connection with the enforcement of the law against a Member or a potential Member will be the financial responsibility of Member or potential Member. See Indemnification section below for further details.

 

I. TERMS OF SERVICE

AFEX' services consist of acting as an agent of Member for consolidation and export purposes by receiving Member's merchandise, which will be sorted, packed, and consolidated. At Member's direction, AFEX arranges for export to the Member's specified local address by a service provider, which acts as the freight forwarder and/or carrier for the shipment. AFEX does not act as an indirect air carrier of property, but rather acts as an agent of the shipper (i.e., Members). All packages received by AFEX will be opened by representatives of the company. Members also authorize AFEX as its agent to authorize freight forwarder and/or carriers to conduct customs clearance and entry and to certify freight forwarder and/or carriers as the consignee solely for the purpose of designating a customs broker to perform customs clearance and entry.

Members accept that freight forwarders and/or carriers reserve the right to open and/or inspect every shipment tendered to forwarders and/or carriers on behalf of a Member.

Member authorizes AFEX to charge his/her payment method for all services and/or account activity with AFEX. Such charges may include but are not limited to membership dues, shipping and handling charges, customs duties, return/reroute fees, storage charges, late charges, and any optional services. Failure to provide payment for services rendered at the time of service may result in late charges, stop shipment charges, suspension of service, cancellation of membership, and involuntary return or the discarding of any remaining merchandise.

Shipping costs are based on the weight and dimensions of Member's shipments. Shipping costs will be charged according to the actual weight or dimensional weight, whichever is greater.

Where merchandise remains in a Member's suite for more than sixty (60) days (e.g., 61 days or greater), Member authorizes and directs AFEX, at AFEX' discretion, to ship such merchandise to Member's current shipping address. Where a Member owes money on their AFEX account or Member's payment method will not process appropriately, Member's merchandise will remain on hold, accruing storage, and Member authorizes and directs AFEX, at AFEX' discretion, to retry payment processing one (1) calendar week later, on day 67. If that attempt is not successful, Member's merchandise will remain on hold, accruing storage, and Member authorizes and directs AFEX to retry payment processing one (1) calendar week later, on day 74. If the third attempt to process payment is not successful, Member acknowledges and agrees that the merchandise is no longer considered shippable nor storable and will be forfeited by Member to AFEX in order to be sold, destroyed, or otherwise disposed of in a legal and environmentally compliant manner. AFEX reserves the right to amend this policy in practice as appropriate and necessary to AFEX' business operations.

Prohibited or restricted merchandise is not storable and, at the discretion of AFEX, will be rejected, forfeited (and sold), destroyed, or provided to government officials.

Claims for lost or damaged merchandise must be filed within the published time limits of the particular carrier. Claims are considered filed when a fully completed claim form, photograph(s), and supporting documentation, including receipts, are received by AFEX. Claims are reviewed individually and the review process will take a minimum of eight (8) weeks. Specific commodities, including televisions, computers, electronics, jewelry, figurines, furniture and lighting have limits of liability in case of loss or damage regardless of the declared value or enhanced liability protection. Any liability for damage or loss caused after delivery to AFEX is limited to the lesser of (i) the declared value, (ii) proof of purchase price, or (iii) the specific commodity liability limit. AFEX does not and will not assume liability for damage or loss to any merchandise caused before delivery to AFEX or by prepackage by manufacturer. Failure to file a completed claim within the carrier time limit will invalidate the claim.

In addition to AFEX' standard limitation of liability above, Members may purchase enhanced liability protection against risk of physical shipment loss or damage. A fee of US $3.50 will be applied for every US $100 of value. The enhanced liability is subject to the terms and conditions of the particular carrier's airway bill(s). All claims are reviewed individually, and any claim payment will be based on the declared value.

NOTWITHSTANDING ANY OF THE FOREGOING, THE MAXIMUM ENHANCED LIABILITY VALUE ON ANY SHIPMENT ACCEPTED BY AFEX IS TEN THOUSAND DOLLARS (US$10,00.00) AND IN NO EVENT WILL THE LIABILITY OF AFEX EXCEED THAT AMOUNT.

AFEX will not be liable for any indirect, incidental, punitive or consequential loss or damage of any kind or any loss of profit, reputation, income, interest, opportunity, contract or bargain.

If a Member's account charges become delinquent for more than thirty (30) days, AFEX may exercise, in addition to all other rights and remedies granted to it in these Terms and Conditions and in any other instrument or agreement securing, evidencing or relating to any Secured Obligation, all rights and remedies of a secured party under the Uniform Commercial Code or any other applicable law.

Without limiting the generality of the foregoing, AFEX may, without demand of performance or other demand, presentment, protest, advertisement or notice of any kind (except any notice required by law referred to below) to or upon a Member or any other person (all and each of which demands, defenses, advertisements and notices are hereby waived to the extent permitted by law), during the continuance of any account delinquency (personally or through its agents or attorneys), (a) collect, receive, appropriate and realize upon any such parcels and (b) sell, assign, convey, transfer, grant option or options to purchase and deliver any such packages, in one or more parcels at public or private sale or sales, at any exchange, broker's board or office of AFEX or elsewhere upon such terms and conditions as it may deem advisable and at such prices as it may deem best, for cash or on credit or for future delivery without assumption of any credit risk, in each case, subject to applicable non-waivable laws. AFEX shall have the right, upon any such public sale or sales and, to the extent permitted by the Uniform Commercial Code and other applicable laws, upon any such private sale, to purchase the whole or any part of such packages so sold, free of any right or equity of redemption of a Member, which right or equity is hereby waived and released.

Title to any items that cannot be exported after arrival at the AFEX facility will be forfeited by Member. AFEX will have the option of returning all such forfeited packages/mail to the sender(s) and/or of discarding the items, including by (a) selling any items not returned to the seller, (b) destroying such items, or (c) providing such items to a government official.

There is no membership fee for a Basic Account. Charges of a Basic Account are incurred only for initial set up, processing, shipping, and other shipping-related services.

Each package received by AFEX with an incomplete, incorrect, or old address that can be associated with a Member will be assessed a charge consistent with AFEX' current schedule of fees. Members should ensure that all merchants and sellers mark all packages with the complete and accurate address, including Member's unique suite number that has been assigned for consolidation purposes. All packages received with incomplete, incorrect, or old addresses that cannot be associated with a Member will be returned to the sender or discarded.

All invoices past due for more than thirty (30) days will be assessed a flat fee plus a percentage per month late charge consistent with AFEX' current schedule of fees. Personal Shopper orders past due for more than fifteen (15) days will be assessed a flat fee plus a percentage per month late charge, consistent with AFEX' current schedule of fees, for each fifteen (15) day period that an order remains past due.

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 AFEX is 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 AFEX' facility ultimately will be exported out of the United States. Additional information is provided in Subsection III.D ("Compliance with the Foreign Trade Regulations") below. 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 to AFEX by the seller.

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II. COMPLIANCE WITH LAWS

Compliance With Export and Import Laws

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, without limitations, 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.

Member represents and warrants that all its activities will be conducted in compliance with applicable laws governing the export, import, and provision of goods and services in the United States and in the jurisdictions in which the Member resides, operates, or will receive shipments, including but not limited to the Laws of the United States governing embargoes, sanctions, and boycotts, the Arms Export Control Act (22 U.S.C. 2778), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the Export Administration Act of 1979 (50 U.S.C. 4601-4623), the International Traffic in Arms Regulations (22 C.F.R. 120 et seq.), the Export Administration Regulations (15 C.F.R. 730 et. seq.), the Foreign Trade Regulations (15 C.F.R. Part 30) and all rules, regulations and executive orders relating to any of the foregoing, the Laws administered by the Office of Foreign Assets Controls of the United States Department of the Treasury, the Laws administered by United States Customs and Border Protection, and the Laws administered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the U.S. Department of Justice (collectively "Export, Import, and Economic Sanctions Laws"). Additional information about the items that you can and cannot have processed by AFEX is available on our Prohibited and Restricted Items page.

Member represents and warrants that (a) the recipient of any items consolidated by AFEX is the end user of any and all merchandise and mail that Member has requested be exported through a freight forwarder or carrier to the recipient's address, or, if Member is reselling the merchandise, Member can identify the end users and provide AFEX with any requested information on such end users, (b) any and all merchandise and mail that Member requests be consolidated by AFEX will be used in the country to which Member requests shipment, and (c) Member will not re-export the merchandise and mail to a different destination. Member may not return to the United States or resell in or into the United States any food products or dietary supplements it receives through AFEX, and Member shall require any recipients of the food products or dietary supplements to adhere to the same requirements. AFEX reserves the right to request that Member or the recipient of an item, as applicable, sign documents confirming the end use or end user of any item exported through a freight forwarder or carrier by AFEX.

If Member is a reseller, Member agrees to be bound by the following terms:

Member shall not use, transfer, re-export, resell, or otherwise dispose of any items consolidated and/or exported using the AFEX services to any destination, end-user, or for any end-use prohibited by the laws of the United States. By accepting these Terms and Conditions, Member agrees to comply with all relevant export laws of the United States. This includes providing any documentation requested by AFEX for compliance purposes and ensuring that any names or addresses that Member adds to Member's AFEX account and customers to whom Member resells do not appear on a U.S. Government denied party list.

Member recognizes that products consolidated and exported using the AFEX services from the United States are subject to the controls of the Export Administration Regulations (EAR) of the U.S. Bureau of Industry and Security (BIS), which provide that a product is controlled by the U.S. export/re-export regulations if it is:

made in the U.S. or contains a certain amount of U.S.-origin content;

foreign-origin but has "traveled" through the U.S.;

developed from U.S. technology;

sold by a U.S. citizen anywhere in the world; or

made by a U.S. company anywhere in the world.

Thus, the products consolidated and exported using the AFEX services from the United States are subject to the controls of the EAR.

AFEX has provided the following links to pertinent government websites for Member's convenience:

Export Administration Regulation (EAR) § 736 – 10 General Prohibitions

https://www.bis.doc.gov/index.php/forms-documents/doc_view/413-part-736-general-prohibitions

International Traffic in Arms Regulations (ITAR) – 22 CFR Chapter 1, Subchapter M, Parts 120 – 130

http://pmddtc.state.gov/regulations_laws/itar.html

Consolidated Screening List for U.S. Government Denied Parties

http://export.gov/ecr/eg_main_023148.asp

Member represents and warrants that the items Member purchases for resale will be sold or distributed by Member's organization and that with respect to such items Member will comply with the applicable laws governing the export, import, and provision of goods and services in the United States and in the jurisdictions in which the end user of Member's products resides, operates, or will receive shipments, including but not limited to the laws of the United States governing embargoes, sanctions, and boycotts, the Arms Export Control Act (22 U.S.C. 2778), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the Export Administration Act of 1979 (50 U.S.C. 4601-4623), the International Traffic in Arms Regulations (22 C.F.R. 120 et seq.), the Export Administration Regulations (15 C.F.R. 730 et. seq.), the Foreign Trade Regulations (15 C.F.R. Part 30) and all rules, regulations and executive orders relating to any of the foregoing, the Laws administered by the Office of Foreign Assets Controls of the United States Department of the Treasury, the Laws administered by United States Customs and Border Protection, and the Laws administered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the U.S. Department of Justice. Member will further ensure that any person or name to which Member is shipping, either directly or indirectly, does not appear on a U.S. Government denied party list. The Consolidated Screening List for U.S. Government Denied Parties is available at http://export.gov/ecr/eg_main_023148.asp.

Member agrees that Member will comply with all regulatory requirements with respect to products classified under Export Control Classification Number ("ECCN") 3A991.a.1. Specifically, Member certifies that pursuant to Section 744.17 of the EAR, Member will not re-export items classified as 3A991.a.1 without an export license from BIS if Member has reason to know or is otherwise informed that the item will be or is intended to be used for a military end-use or by a military end-user in any of countries listed in Country Group D:1 (a list of countries in Country Group D:1 is available at http://www.bis.doc.gov/index.php/forms-documents/doc_download/944-740-supp-1).

Member agrees that only items purchased from the United States will be routed through AFEX (i.e., Member will not knowingly purchase items from outside of the United States to be imported to the AFEX facility in the United States).

Member recognizes that when purchasing merchandise, Member is responsible for notifying, and agrees that Member will notify, each U.S. Principal Party in Interest ("USPPI"), as defined by the United States Foreign Trade Regulations, that Member intends to export the merchandise purchased from the United States. Member agrees to provide to AFEX all information that may be required from the USPPI for export purposes, including, without limitation, the Export Control Classification Number of the item and the USPPI's tax identification number (if an Electronic Export Information filing ("EEI") via the Automated Export System ("AES") is required).

Member acknowledges that Member will serve as the Importer of Record into the destination country for all transactions conducted using the services of AFEX. Member is responsible for complying with all import obligations or license requirements of the destination country.

To the extent that Member is a reseller and the ultimate purchasers (i.e., Member's customers) are known to Member at the time you export merchandise using the AFEX services (e.g., Member transaction is for a specific person rather than for inventory to be sold in the future), the following requirements apply:

Member must provide AFEX with the identity of Member's customer prior to conducting a transaction on behalf of that customer. The customer should be added to Member's AFEX account as an additional named person benefitting from the account (i.e., added as an "additional name"). Ultimately, Member is responsible for conducting screening to ensure that Member does not export to a Prohibited Persons, as defined in these Terms and Conditions, using the services of AFEX or any freight forwarders and/or carriers.

Member's customers also must agree in writing (or by electronic affirmation) to be bound by these Terms and Conditions. AFEX has the right to request a copy of this writing at any time. Member should provide Member's customers with language along the following lines prior to engaging in a transaction with these individuals:"This merchandise will be exported from the United States with the assistance of a package consolidator. By completing this transaction, you agree to be bound by the terms and conditions of the consolidator, which are available at ‘www.123buyusa.com'."

As Foreign Principal Party in Interest, Member hereby notifies the US Principal Party in Interest that Member expressly assume responsibility for determining licensing requirements and obtaining licensing authority, if any, for the export shipment of merchandise purchased from the USPPI, such that Access USA Shipping, LLC, Member's U.S. agent, will be the exporter of record for purposes of the Export Administration Regulations ("EAR"), consistent with the requirements of 15 CFR § 758.3(b).

Prohibited and Restricted Items

The following list is a non-exclusive sampling of items that are restricted, cannot be shipped or, depending on your destination country, may either require an import license, additional documentation and/or cause problems and delays during the customs review of your shipment:

Combustible/flammable items (paints, oils, lighters, perfume, nail polish).

Any type of pressurized can (hair spray, shaving cream, spray cans of any type).

Hazardous materials (matches, chemicals, explosives).

Firearms, weaponry and their parts: military, police and tactical equipment of any kind, including guns, gun replicas, gun accessories, gun components (magazines, clips and rail systems), ammunition, knives, swords, compound bows, crossbows, discharge weapons such as shock batons or stun guns, tooling for guns or gun parts, optical scopes, laser sights, night sights, night visions goggles, handcuffs and other restraints, surveillance equipment.

Agricultural products such as tobacco, plants and seeds (restricted to some destinations).

Coffee (restricted to some destinations).

Perishable foods (refrigerated, frozen, fresh/raw fruits and vegetables, etc.) Note that any food (including dietary supplements) received through AFEX may not be returned to or resold in the United States.

Animals and products made with animal skin (furs).

Alcohol (AFEX may be able to assist you with shipping table wine through unaffiliated freight forwarders and carriers in limited quantities to some countries, but not to Muslim countries such as Saudi Arabia).

Cash, currency, money orders, cashiers' checks, bank drafts, bearer bonds and collectible stamps and coins. Jewelry and precious stones are (a) restricted to some countries and (b) can only be insured up to $500 maximum and any shipments of jewelry in excess of $500 carriage limit is uninsured and Member assumes all risk of loss above such limit.

Lottery tickets and gambling devices.

Prescription and/or veterinary medication.

Pornography.

Lock picking devices.

Government IDs and licenses, or items that claim to be, or that look similar to, government identification documents. This includes uniforms and badges or patches designed to look like official government-issue.

Member understands and agrees that any software and/or data residing on used computer equipment or other electronic storage device is the sole responsibility of Member. Member is responsible for and warrants his/her compliance with all applicable import and export laws, rules and regulations, including, but not limited to, the import and export laws and government regulations of the Office of Foreign Assets Control, U.S. Department of State, and U.S. Department of Commerce and any requirements pertaining to the shipping of any such software and/or data to any country to, from, through or over which Member's shipment may be carried. Member also understands that AFEX is not responsible for the loss of any software and/or data.

Member acknowledges that AFEX 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 ITAR or that would require an export license under the EAR, except in instances where the item subject to the EAR is eligible for an export license exception that has been approved for use by AFEX. Member also acknowledges that AFEX does not allow for the use of exemptions under the ITAR. Additional information about the items that you can and cannot have processed by AFEX is available on the Prohibited and Restricted Items page.

Member is responsible for confirming that prohibited items listed in the AFEX Prohibited and Restricted Item page are not sent to AFEX. See Restricted and Prohibited Items Page for more information. AFEX reserves the right to return packages to the sender(s) for any reason, to provide packages (and information concerning the same) to government authorities, or to otherwise discard packages (including by selling forfeited items with the sales proceeds going to charity).

Additional information is available on our Prohibited and Restricted Items page. The United States government provides general information about U.S. export requirements on the trade.gov website.

Prohibited and Restricted End Users and Destinations

AFEX will not provide services to any of the following countries/regions:

Cuba

Iran

Myanmar

North Korea

Sudan

Syria

Libya

Yemen

Haiti

Ukraine: Crimea Region and the so-called Donetsk People's Republic (DNR) or Luhansk People's Republic (LNR) regions of Ukraine.

AFEX will not provide service to persons and/or entities identified on: (1) the U.S. Department of Commerce Denied Persons List, Entity List of proliferation concern, or Unverified List; (2) the U.S. State Department Debarred Parties List; or (3) the List of Specially Designated Nationals maintained by the U.S. Department of the Treasury's Office of Foreign Assets Control. AFEX reserves the right to update this list at any time to reflect current law and regulations. AFEX also will not provide service to any person or entity that is directly or indirectly involved in the financing, commission or support of terrorist activities or in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations (15 C.F.R. part 744).

At no time shall Member provide merchandise or mail to any Prohibited Person (as defined herein). For purposes of these Terms and Conditions, 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 (with the list available on OFAC's website); (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 a Member is believed potentially to be a Prohibited Person or requests that AFEX arrange for the shipment of items to an individual or entity believed to be a Prohibited Person, AFEX 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 AFEX, AFEX reserves the right to remove the shipping address of such potential Prohibited Persons from Member's AFEX account or to cancel Member's AFEX account, AFEX 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 AFEX 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.

Compliance with the Foreign Trade Regulations

AFEX takes every precaution and makes every effort to fully comply with all laws and regulations governing international trade, including the Foreign Trade Regulations (FTR), relying on the information provided by Member and the U.S. seller.

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 AFEX 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).

If the price paid for merchandise is not listed on the invoice provided by the merchant, or if no invoice is available, Member is responsible for providing AFEX with the true and accurate price that Member paid for the merchandise, if Member purchased it. In all circumstances, Member represents and certifies that any value provided to AFEX is true and accurate. The AFEX Compliance Department reserves the right to periodically review values and may request additional documentation to support the values entered by Member. Member is subject to civil and criminal penalties for making false or fraudulent statements to the U.S. government or for the violation of any U.S. laws or regulations on exportation.

Fraud Prevention

AFEX uses commercially reasonable efforts to prevent fraudulent use of the Website. NOTWITHSTANDING THE FOREGOING, AFEX WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY FRAUDULENT USE OF THE WEBSITE BY YOU OR BY THIRD PARTIES. If you think there has been fraudulent activity with respect to Member's AFEX account, Member must contact AFEX immediately, and AFEX will cancel such account.

Member will not use the Website for multi-level marketing, pyramid schemes, receiving checks and/money orders, or other business practices easily subject to abuse. Member represents, warrants, and covenants that all information Member provides to AFEX is accurate and complies with all applicable local, state, and federal laws and regulations, including any information regarding the value or export classification of merchandise. Member is solely liable for such information and for maintaining all records as required under law. Member may be subject to civil or criminal penalties by the U.S. Government for making false or fraudulent statements with respect to such information.

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III. APPOINTMENT OF AFEX.COM AS MEMBER'S AGENT

Member grants AFEX a written authorization to act on Member's behalf as Member's true and lawful agent for the following specific purposes:

preparation of shipping documents;

preparation of any Certificates of Origin;

preparation of an EEI via AES in accordance with the laws and regulations of the United States;

preparation of an airway bill or any other document required to export merchandise to Member;

entering into service agreements on your behalf and to authorize parties to such service agreements with a power of sub-delegation for the preparation and completion of all documentation required for the clearance and delivery of all shipments subject to such agreements; and

authorization for freight forwarder and/or carriers to conduct customs clearance and entry, and certification of freight forwarder and/or carriers as the consignee solely for the purpose of designating a customs broker to perform customs clearance and entry.

If an EEI (for which a charge consistent with AFEX' current schedule of fees will apply) is required for goods originating within the United States, AFEX will file the required export information on behalf of the 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, AFEX will decline to process the merchandise for export. AFEX 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, AFEX 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 Title 15, Code of Federal Regulations, Part 30, the Foreign Trade Regulations (FTR) (“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.

AFEX assumes no responsibility to act as a record-keeper or record-keeping agent for either the Member or the USPPI. Member is responsible to supply to AFEX 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 15 CFR § 30. 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.

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IV. INDEMNIFICATION

Member agrees that he/she will remain liable for and indemnify, defend, and hold harmless AFEX and its shareholders, officers, directors, agents, partners, employees and independent contractors, at all times from the date hereof, from and against any and all claims, actions, damages, awards, liabilities, losses (including consequential losses), judgments, penalties, interest, fines, expenses, and/or other costs (including attorneys' charges and court costs) arising by reason of the execution hereof or the consummation of the transactions contemplated hereby, including without limitation those arising from or relating to:

any negligent action or omission of Member or any of Member's employees, contractors, agents or any other person acting under Member's supervision or control prior to, as of, or following the date hereof;

any inaccuracy or breach of any representation or warranty made by Member in these Terms and Conditions or any other document or instrument executed or delivered by Member in connection with these Terms and Conditions;

any breach or non-performance of any covenant or agreement made by Member in these Terms and Conditions or any other document or instrument made by Member in connection with these Terms and Conditions;

AFEX' preparation, determination or execution of the documents or any other document necessary for transportation, including but not limited to preparing address information, routing, classification, licensing requirements, and listing the value of goods or the value for carriage, except for claims arising solely and directly from the gross negligence or willful misconduct of AFEX;

Member providing to AFEX any incomplete or false information; and

Member's failure to comply with the terms hereof or of any applicable law in respect to the exportation or importation of such shipments.

Member acknowledges that the foregoing provisions are a material inducement for these Terms and Conditions and for AFEX to enter into the transactions contemplated hereby, and shall survive termination of these Terms and Conditions.

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V. SEVERABILITY

If any section or any portion of any section of these Terms and Conditions is construed to be illegal, invalid or unenforceable, such provision or portion shall be deemed obsolete and deleted from these Terms and Conditions, while all other sections of these Terms and Conditions and the remaining portion of any section which is construed to be illegal, invalid or unenforceable shall continue in full force and effect.

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VI. NO LEGAL RELATIONSHIP

Member agrees that no joint venture, partnership, employment, or agency relationship (other than as expressly set forth in these Terms and Conditions) exists between Member and AFEX as a result of this Agreement or Member's use of the AFEX services or this Website.

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VII. DIRECT EXPORT TRANSACTIONS

(i.e., non-routed exports)

For Members acting as the U.S. Principal Party in Interest (“USPPI”):

Any reference to “Member or the USPPI” should be read as “Member.”

The following excerpt of Part II is amended to read:The Member's unique AFEX address is to be used only for package consolidation purposes. The Member will not represent that its AFEX address is its address for any purpose other than as the address to which packages may be delivered prior to export, including, but not limited to, representing that its AFEX address is the address of the Member's place of business or residence. Failure to comply with this requirement may result in the cancellation of the Member's AFEX account.

Part III.A.7 above amended to read:Member recognizes that Member is the title holder and reseller of merchandise to be exported, and thus Member is the United States Principal Party in Interest (“USPPI”) as defined by the United States Foreign Trade Regulations. When purchasing merchandise, Member is responsible for notifying, and agrees that Member will notify, each merchant that Member intends to export the merchandise purchased from the United States. Member agrees to provide to AFEX all information that may be required from Member as the USPPI for export purposes, including, without limitation, the Export Control Classification Number of the item and the tax identification number (if an Electronic Export Information filing (“EEI”) via the Automated Export System (“AES”) is required).

The following excerpt of Part III.D. is amended to read: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 merchant about the nature of the export in every transaction generated by Member. Member agrees to provide to AFEX all required information for export purposes as the USPPI, including without limitation the Export Control Classification Number and the tax identification number (if an Electronic Export Information filing (“EEI”) via the Automated Export System (“AES”) is required).

In Part IV, the following sub-provision is added:Member also authorizes AFEX to be its agent for purpose of providing packages to the carrier selected by Member and for the purpose of engaging and filing documents with respect to the exportation of products from the United States.

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VIII. ENTIRE AGREEMENT

These Terms and Conditions constitutes the entire agreement between Member and AFEX with respect to this Website, the AFEX services and AFEX account. These Terms and Conditions supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Member and AFEX with respect to this Website, the AFEX services and AFEX account. Any waiver of any breach of or rights under these Terms and Conditions shall not be deemed to be a waiver of any future breach or right.

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IX. CONFLICT OF LAWS

These Terms and Conditions and all disputes concerning these Terms and Conditions shall be governed by the applicable law and the applicable regulations of the United States and by the applicable regulations of any agency of the United States, without applying conflict of law principles that would result in applying any state law or state regulation other than those of Florida. The parties, in all disputes between them, consent and submit to the exclusive jurisdiction and the exclusive venue of the Florida courts and the parties waive all claims that such jurisdiction and venue is improper or inconvenient. In all lawsuits to enforce or interpret these Terms and Conditions, the parties waive all rights to a jury trial, and in such actions the prevailing party shall recover from the other party the prevailing party's costs and expenses, including the prevailing party's attorneys, experts and consultants. Notwithstanding the foregoing jurisdiction, and venue restrictions, the party in whose favor a judgment with respect to these Terms and Conditions is entered shall be entitled to enforce that judgment in any jurisdiction in any venue.

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X. AFEX Shopping: Terms and Conditions

The AFEX Shopping Terms and Conditions supplement AFEX’ general Terms and Conditions as they apply to Users using the AFEX Shopping Program, where AFEX acts as both the USPPI and the User’s authorized agent in a routed export transaction. Notwithstanding other language in the general Terms and Conditions that may be contrary, the following provisions apply for AFEX Shopping transactions.

Title Transferred Upon Payment to AFEX

The User agrees and acknowledges that (1) title of merchandise purchased through the AFEX Shopping program will transfer to the User when payment is made to AFEX and in all cases prior to export from the AFEX facility, and (2) in accordance with risk of loss terms, the User bears the full costs and risks of moving the goods to the AFEX warehouse. You acknowledge that you will serve as the Importer of Record into the destination country for all transactions conducted using the services of AFEX.

Payment

The User will be charged for all AFEX Shopping orders. Acceptable methods of payment are credit card, debit card, PayPal, alternate local payment methods or credited funds available on your account. There is a AFEX Shopping fee for each order successfully processed. Fees for AFEX Shopping orders are:

When using a credit or debit card for payment, 8% of the order total or minimum $10 per order, whichever is greater.

When using PayPal for payment, 8% of the order total or minimum $10 per order, whichever is greater.

When placing a AFEX Shopping order with more than 10 unique items per online merchant, there will be a $1 per unique item charge for every item over 10.

Large Orders / New Customers:

Limit 20 unique items per order.

Shipping Policy:

All AFEX Shopping orders will be sent to your shipping address.

Cancel/Change Order:

Once a AFEX Shopping order has been processed, we may not be able to cancel order. Please refer to the seller's website for individual cancellation policies. Changes cannot be made once a AFEX Shopping order is successfully processed. If we are able to cancel the order, there may be a cancellation fee applicable by either the seller, AFEX, or both. Your account will be credited for the merchandise purchase amount. If you decide you do not want to receive the order, please notify our AFEX Shopping department to have the order returned when it arrives. You are responsible for all return shipping fees. Your AFEX account will be credited once the seller receives the returned package and we have confirmed the refund.

Returns:

We will return any orders in accordance with the seller's return policy for items that arrive damaged or incorrect. You are responsible for all return shipping fees. Your AFEX account will be credited once the seller receives the returned package and we have confirmed the refund.

PayPal / eBay Orders:

If a seller is believed not to be a legitimate seller or is believed to have engaged in fraud, AFEX will submit an investigation request with PayPal or eBay on behalf of our User. PayPal or eBay will then attempt to recover any funds owed, but fund recovery is not guaranteed. All disputes must be submitted within thirty (30) days from when the original payment was sent.

Order Arrival:

You will receive transactional emails about your order. We will wait until all packages in your order arrive and ship them together.

Last Updated: April 16, 2024