SERVICE CONTRACT No

Document Sample
SERVICE CONTRACT No Powered By Docstoc
					                        SERVICE CONTRACT No.:_________
HH CANOSSA Y G KOOLMAN SA, a company registered in the Rep. of Costa Rica and located in Liberia,
represented in this contract by José Luis Canossa Porras, adult, and bearer of the personal identification
No. 1-307-325, here after and only for the effects of this contract referred to as “THE COMPANY”, as the first
party, and


As the second party _____________________________________ Telephone ________________________


Directions________________ ______________________________________________________________


If Company: the legal representative is _______________________________________________________


With RUC ( Company Registration No.) ___________________________


And personal identification No. _____________________________________________,


Hereafter referred to as “THE CLIENT”, enter into agreement that “THE COMPANY” will provide:
Plan A B VIP VIP + Other_______________________ type of service selected in this contract by “THE
CLIENT”.


“THE CLIENT” agrees to enter into this contract, conforming to the following clauses:


FIRST:       “THE COMPANY” is obligated to render “THE CLIENT” the following services:


A: To receive at the Post Office Box and physical address of “THE COMPANY” in the city of Miami, in the
   state of Florida of the United States of America (hereafter “THE ADDRESS”), all documents, commercial
   or business papers which arrive addressed to “THE CLIENT”.


B: All documents and correspondences mentioned above in part “A” will be shipped from the P.O. Box of
   “THE COMPANY” at “THE ADDRESS”, to the office(s) which “THE COMPANY” holds in Liberia City, in
   the Republic of Costa Rica and whose address “THE CLIENT” hereby declares to know.


C: “THE COMPANY” is obligated to provide in the name of “THE CLIENT”, one (1) Mail Address in the office
   which “THE COMPANY” holds in Liberia City, and in it place all correspondences or documents
   addressed to “THE CLIENT” which were received and placed in the P.O. Box of “THE COMPANY” at
   “THE ADDRESS” which “THE CLIENT” hereby declares to know.


SECOND:       “THE CLIENT” is obligated to pay “THE COMPANY”, TWENTYSEVEN DOLLARS ($ 27.00)
for MBE PLAN A Personal, FORTYFIVE DOLLARS ($ 45.00) for MBE PLAN B, SEVENTYEIGHT DOLLARS
($78.00) for MBE PLAN VIP, ONE HUNDREDTHIRTY DOLLARS ($ 130.00) for MBE PLAN VIP +, FIFTEEN
DOLLARS ($ 15.00) for MBE PLAN E within the first days of each month, as payment for the services which
“THE COMPANY” renders “THE CLIENT”, with the understanding that the said payment presumes that the
total weight of all the correspondences and/or packages addressed to “THE CLIENT” do not exceed in total
weight per month, one, two, four, eight kilograms (1, 2, 4, 8 Kg) respectively. In case that the said monthly
weight is exceeded, “THE COMPANY” will charge “THE CLIENT” a corresponding surcharge per gram
overweight. The weight used in each shipment will be whichever is greater between “Physical Weight” and
“Dimensional Weight”, where “Physical Weight” is what is indicated by a weighing scale and “Dimensional
Weight” is calculated by multiplying the centimeter measurements of the length, height and width of the
shipment divided by 6,000 ((Height x Width x Length) ÷ 6,000). For those persons who have a personal MBE
mail service, a residential address will be included in their MBE PLAN A, B, and VIP, VIP +, (there will be a
$10.00 annual charge for each additional name). Corporations which hold a MBE mail plan and wish to add a
local Panamanian mail address to their MBE PLAN may do so for an annual charge of $30.00.


“THE COMPANY” will do the corresponding invoicing on the last day of each month. The said invoice will
include the basic fee for the MBE mail service and the overweight charge as established, if there is
overweight. The estimated sums mentioned in this clause can be changed only by “THE COMPANY”, at any
time, be it for the rising cost of transportation, fuel, government decrees or regulations which increase wages
or salaries, or in general for the eventual rising cost of the different elements “THE COMPANY” relies on for
the full execution of its commercial activity. “THE CLIENT” will be notified of these changes at least fifteen
(15) days before the date the increase takes effect.


THIRD:        “THE CLIENT” will give “THE COMPANY” a deposit which will not exceed the sum equivalent
to one month’s basic fee plus $5 key deposit. This amount will be reimbursed to “THE CLIENT” at the time of
ending this contract, under the same form and conditions by which it was made, as long as it is permitted by
law. In case that there is credit in favor of “THE COMPANY” at the time of ending this contract, “THE
CLIENT” will be compensated and given whatever difference remains from the amount given as a deposit. In
such case that the credit is greater than the deposit, “THE CLIENT” must pay the difference.


FOURTH:        All mailings received which do not contain documents and are thus identified will be covered by
insurance up to $1000.00 maximum per article, with a $50 deductible per accident. The said shipment must
be accompanied by its corresponding invoice. Insurance covers the E-BOX Logistics (EBL) Miami – MBE
Center in Liberia, once the package has been delivered and signed for by a EBL employee. The said
insurance does not cover dangerous articles and material, inflammable material, cash, negotiable documents
(checks, travelers’ checks), bill of exchange, credit cards, etc. valuables and jewelry.
FIFTH:        “THE CLIENT” may share its international mail box with an unlimited number of persons,
provided that they are authorized by “THE CLIENT”. This authorization must be sent to “THE COMPANY” in
writing. It is understood and accepted by “THE CLIENT” that the billing of its mail box will always be made
out to its name and not to the name of any other client with whom it shares its P.O. Box, therefore, all
consequences and obligations resulting from this contract will be the explicit responsibility of “THE CLIENT”.
Thus “THE COMPANY” will have no legal responsibility other than with “THE CLIENT”.


SIXTH:        “THE CLIENT” promises “THE COMPANY” that all documents which will be received at the
P.O. Box of “THE COMPANY” at “THE ADDRESS” will be for the exclusive use of “THE CLIENT” and not
for third parties, except for as provided by the Third Clause of this contract. Thus, all correspondence must
arrive addressed to the name of “THE CLIENT” or to the name of the different persons who share the P.O.
Box.


SEVENTH: All envelopes sent to “THE CLIENT” must clearly indicate the name of “THE CLIENT”, and
must be addressed to the following address:


                  NAME                                          NAME
                  SJO _____________                             SJO ______________
                  P.O. BOX 025724                               10000 N.W. 25TH UNIT 1
                  MIAMI, FL 33102                               DORAL, FL 33172


EIGHTH:       All new mail box customers will be required to provide "THE COMPANY" a valid Credit Card
and through this contract, authorizes the "THE COMPANY" to charge "THE CLIENTS" credit card and the
end of each billing month for all services and products provided.          All additional services (for example:
Customs clearance, or payment of taxes) utilized by “THE CLIENT” and not included in the monthly fee
established by the Second Clause of this contract will be billed to “THE CLIENT” at the end of the month,
together with the monthly fee of the preceding month. This account must be paid at the end of the month. All
unpaid accounts will be charged 1% interest per month, plus 4% for collection costs incurred after payment
due; “THE CLIENT” will likewise be charged such collection costs when they arise.


NINTH:        “THE CLIENT” is obligated to receive in its envelopes only and exclusively correspondences,
non-endorsed cashier’s checks, business papers or non-negotiable documents.                 Consequently, “THE
CLIENT” must not receive in said envelopes, cash, checks made out to “bearer”, valuables, nor any other
goods or effects which are not legally permitted to be shipped in this manner.         Likewise, the company is
exempt from any and all responsibility in case the envelope sent by the client contains a product, substance,
object or article whose use, fabrication, production or commercialization is strictly prohibited by the laws of the
Nation from which “THE CLIENT” sent the envelope, as well as the Nation to which the said envelope is sent.
In case the company finds serious evidence which indicates that the contents of the envelope are for illegal
distribution, fabrication, production or use, whether in the country of origin or in the destination country, the
company will not be obligated to deliver the envelope to its designated destination, but it may deliver the
suspect correspondence to competent authorities.
                     The Company is not responsible when mail or documents are returned to sender by either
                      International or Domestic mail services. Also, the Company is not responsible for:


                         Mail lost with the local origin of the Local Mail Service


                         Mail lost for acts of war or natural disaster


                         Lateness in delivery due to Local or International mail services


                         For the creation of any local laws that impedes the company from offering the service.


TENTH:          In case the “THE COMPANY” cannot send an envelope due to acts of human or natural origin,
fortuitous events, acts of God or any other cause not imputed to “THE COMPANY”, “THE COMPANY”
cannot be held responsible for delayed or lack of services; moreover, “THE COMPANY” may choose to
return the envelope to “THE CLIENT”, or once the disturbance ceases, my send it to its destination by the
most suitable route.


ELEVENTH: “THE COMPANY” is not responsible when an envelope is returned to “THE ADDRESS” by the
postal service of that country because it could not be delivered it to the addressee due to mistaken or
insufficient address; in such case the envelope will be returned to “THE CLIENT”.


TWELFTH: “THE CLIENT” may not seek or make any type of claim or enter into court proceedings against
“THE COMPANY” for not delivering an envelope, mistaken delivery, delayed delivery, or lost or damaged mail
without having first made a formal complaint in writing to “THE COMPANY”, at least (30) working days
beforehand, so that “THE COMPANY” could make the necessary investigations and as much as possible
correct or repair the damages which gave rise to the claim.


THIRTEENTH: This contract’s time period will be for six (6) months, beginning on the _________(                    )
day of the month of ____________________, nineteen ninety nine (200__) and will be prolonged by equal
time periods, unless one of the parties informs the other party of their wish to terminate the contract without
any prolongation, at least thirty (30) days before the expiration of the present contract or any of its prolonged
time periods.


FOURTEEN: The non payment of the monthly rate or fee or any other charges for additional services, within
thirty (30) consecutive days from the expiration date, gives “THE COMPANY” the right to annul this contract
and to require “THE CLIENT” to make full restitution of all costs “THE COMPANY” may have incurred, and
an indemnification equivalent to the sum of the monthly fees until the end of the contract or its prolongation,
and to withhold all correspondences arriving in the name of “THE CLIENT” until all such payments are made.


FIFTEEN:            It is the responsibility of “THE CLIENT” to know the amount it must pay “THE COMPANY” for
the services the latter rendered “THE CLIENT”, so that payment can be made in opportune time. Other than
placing the monthly Statement in the letterbox of “THE CLIENT” as indicated in the First Clause, section C,
“THE COMPANY” has no further obligation in notifying “THE CLIENT” of this amount.


SIXTEEN:             In this act “THE CLIENT” has received one (1) key(s) which opens letterbox No.
_____________, and is required to care for it (them) as any responsible citizen would and return it (them)
when this contract expires. If the key(s) is (are) lost, “THE CLIENT” will be required to reimburse “THE
COMPANY” the official rate of FIVE DOLLARS (US$ 5.00).


SEVENTEEN:               At any time while this contract is in force, “THE CLIENT” may raise its original Mail Box
Plan by paying the difference between the deposit of the original letterbox and that of the newly requested
letterbox.


EIGHTEEN: Any notice or announcement of any type relating to this present contract should be made at the
following addresses:


                 “THE CLIENT”                                       “THE COMPANY”
                                                            Frente al costado Este del Banco Nacional, 25
                                                                                       mts Norte de Pizza Hut
                                                                    Liberia City, Rep. of Costa Rica
                                                                    Tel: (506) 2666-4050
                                                                    Fax: (506) 2666-2838



NINETEEN: For all effects and consequences arising from the present contract, both parties choose Liberia
City, Rep. of Costa Rica to be their special residence and the jurisdiction under whose courts they clearly
declare to submit themselves.


Two (2) copies of this contract are issued, each having the same tone and binding power, in Liberia City, on
the ____________________ (                            ) day of the month of ____________________, (200__).




           SIGNED BY “THE CLIENT”                                   SIGNED BY “THE COMPANY”




    -----------------------------------------------               --------------------------------------------------


                                                                    José Luis Canossa Porras