贝海国际速递

• I. Definitions

  This Use Agreement: This Use Agreement refers to this Service Agreement, all attached documents or other documents mentioned in this document and appendices, which constitute the entire content of this “Use Agreement”;

  Both Parties to the Use Agreement: refer to YMT GLOBAL INC, the actual operator of Xlobo.com, (hereinafter referred to as “Party B”), and any customer (that is, the customer registering and using Xlobo.com, or Party A);

  Services: refers to the U.S.-China international cargo distribution services provided by Party B to Party A;

  Cargo: any individual international express item whose international distribution is entrusted by Party A to Party B, for which Party B provides logistics and information services to transport the item from the U.S.A. to Party A's designated consignee in China.

• II. Services

  Party B provides Party A with international express services to deliver Party A's personal items to the Chinese mainland, and such services mainly contain the following:

  Party B warrants that Party A may submit any service demand through Party B's website www.Xlobo.com, the safety and stability of such demand will be guaranteed, and that Party A's cargo will be delivered to the designated consignee in China;

  Party B shall bear responsibilities for any damage to and loss of cargo attributable to Party B, and with respect to logistics services covering insurance services bought by Party A, Party B shall bear responsibilities for such insurance services and settle any insurance claim directly with Party A according to the Use Agreement. For detailed rules, see Appendix 1: Description of Insurance and Claim Settlement. In the course of international transportation, a package may be examined or unpacked by any customs department or any inspection and quarantine authority or any other law enforcement department. After the customs department completes such unpacking and examination, Party B shall be responsible for continuing to provide the domestic express forwarding services for the cargo. Party B shall be released from responsibilities for any cargo confiscated or returned to the consignor by the customs department; in case of any recognized loss occurring in the course of customs examination, Party B will assist Party A in claiming compensation from customs.

  After the cargo arrives in China, Party B shall be entitled to pass Party A's cargo on to the domestic third-party express distribution partner for distribution, and Party B shall warrant the quality of such forwarding distribution services.

• III. Party A's Rights

  1. Party A is entitled to generate orders online, notify forwarding and track status with respect to all the cargo submitted to Party B's U.S.A. logistics center through Party B's logistics information exchange system Xlobo.com.

  2. With respect to the cargo whose logistics services are provided by Party B, Party A shall be entitled to understand the status of the cargo, including without limitation the tracking number, the delivery status and the detailed amount of freight.

  3. Party A is entitled to make a complaint against Party B's services and to claim compensation for any delay, loss or damage caused by Party B's work fault.

• IV. Party A's Obligations

  1. Party A shall warrant that the individual express package for express transportation complies with the standards for any individual family's self-use: reasonable quantity, reasonable value (not exceeding RMB1,000 except for a single item which is not divisible), prohibition on resale or lease after entry, and prohibition on divided transportation in violation of the customs regulatory ordinance.

  2. Party A shall, through the arrival forecast on www.Xlobo.com, timely provide Party B with the cargo's logistic service information, the consignor and consignee's information, the cargo's declaration information, the cargo's handling manner, and other information important to Party B.

  3. Both Parties shall comply with and correctly perform the laws and regulations of the departure and destination countries or regions with respect to international cargo transportation services. If Party A conceals or smuggles any contraband, Party A shall bear all responsibilities and consequences related thereto.

  4. Party A warrants that his or her description of cargo is correct and complete and that Party A will actively cooperate with Party B in submitting required documents and assist Party B in completing customs clearance, examination, tax payment and other customs clearance matters.

  5. Party A warrants that the identity certificate information and mailing address of the consignee in China which are provided by Party A are authentic, valid, accurate and complete.

  6. If Party A's breach of any of the said provisions causes any financial loss to Party B, Party A shall indemnify Party B for such loss and cancel any adverse impact.

  The detailed rules are described as follows:

  If Party A breaches any of the said provisions so that the cargo is detained, forfeited or returned by the departure country or destination country and thus the customs clearance formalities fail to be handled according to appropriate customs provisions, Party B shall not bear any responsibilities and Party A shall bear corresponding fines, charges related to handling, return, storage, customs declaration and cargo pickup, and Party B's other losses caused thereby.

  If Party A fails to actively cooperate with Party B in coordination, causing the delivery of the cargo to be delayed for 30 days, then Party B shall be entitled to handle the cargo without giving notice to Party A.

  7. Party A shall be solely responsible for keeping the ID and password of the Xlobo.com account, which shall not be lent, transferred, sold or mortgaged. Party A shall bear, and Party B shall not be responsible for, any loss arising from Party A's improper keeping or use of such ID and password.

• V. Party B's Obligations

  1. As Party A's cargo forwarder in the U.S.A., Party B shall timely and safely transport the cargo to China and provide air transportation, customs declaration, customs clearance, and domestic express forwarding services.

  2. Party B shall be responsible for the cargo's customs clearance services, including customs examination, tax payment and other customs clearance services; Party B is obligated to assist Party A's designated consignee in preparing and submitting the materials or vouchers required for customs clearance.

  3. Party B is obligated to comply with privacy policy and protect personal information and shall not provide any third party with identifiable personal information.

• VI. Price and Settlement

  1. Service price: Party A and Party B shall otherwise agree on charges related to logistics and information services, and if the price needs to be adjusted, Party B shall be obligated to otherwise give prior notice through XloboEX's express transportation system.

  2. Party B is entitled to collect a volume weight charge from Party A. Formula for calculating volume weight: volume (length * width * height (inches) of the cargo's outer packaging) / 166 (standard cubic inch density per pound) = volume weight of such cargo. With respect to the actual weight and the volume weight, the higher one shall prevail.

  3. If Party A's cargo surpasses the normal standard, Party B shall be entitled to collect an above-standard charge from Party A. Definition of normal standard: Any single line's length shall not exceed 1.2M and a single item's weight shall not exceed 30 kilograms.

  4. If Party A needs to buy insurance against loss of cargo, the premium shall be 1.5% of the insurance amount, provided that the maximum insurance amount shall not exceed RMB10,000.

  5. Party B shall not charge Party A Xlobo.com system account opening charge, technical support charge and other service charge for use.

  6. If the customer requires change in the service manner, or if there occurs any cost adjustment beyond both parties' control or prediction, for example, government actions (such as tax and temporary charge), and increase in delivery charge, fuel charge and premiums, then Party B shall be entitled to revise the service price and make sure that the information will be timely notified to Party A by system announcement or email, and Party A shall be obligated to timely consult relevant announcements and mails.

  7. Party B has a lien on the cargo in its hands whose freight and other tariff payable have yet to be paid by the customer, viz. Party A. Such lien shall not affect Party B's other rights granted by law.

• VII. Force Majeure

  For the purpose of this Use Agreement, force majeure refers to any event or circumstance beyond the control of both Parties to the Use Agreement, which affects both Parties' performance of their obligations. Events or circumstances of force majeure are not limited to “air accidents, the public enemy's invasion, acts or omissions of officials of any government authorities, legal authority, customs or quarantine office, riots, strikes, or other regional conflict, civil commotion, or war, or risk arising from weather, or interruption of the national or regional air or ground transportation system or interference or trouble of the communications system caused by any matter beyond the Company's control”.

  In such cases, Party B shall still use reasonable efforts to transport the cargo to the destination and complete the delivery thereof as soon as practicable. Party B shall have no obligation to notify Party A of the possibility of one or more of the said circumstances.

• VIII. Appendices to the Agreement

  Appendix 1: Description of Insurance and Claim Settlement

  Appendix 2: Disclaimer

  Appendix 3: List of Items Prohibited or Restricted from Being Exported to China

Description of Insurance

• Warehouse Agency Picking Service Clause

  1. Warehouse Agency Picking Services

  Party B cannot provide warehouse agency picking services for products whose unit price exceeds RMB200 (including high-grade bags, high-grade cosmetics, and notebook computers). The compensation shall be based on the actual value of the item and shall not exceed RMB200 per piece if any of the following circumstances is discovered: the quantity of products warehoused after counting is different from the quantity of inventory, there is a shortage of cargo, there is loss of cargo in picking, or any internal part in reinforced packaging is damaged.

  • The quantity of products warehoused after counting differs from the quantity of inventory;

  • There is a shortage of cargo or loss of cargo in picking;

  • Any internal item in reinforced packaging is damaged.

  When Party B's freight depot provides warehouse & packaging services, it shall be entitled to a certain deductible with respect to damage to stored items. The deductible shall be five-thousandths of the rate of damaged cargo, that is, at the times of warehouse statistics, Party B will not settle the part of the claim for less than five-thousandths of damaged cargo (damage, loss and shortage) and shall only settle the part of the claim in excess of five-thousandths of damaged cargo.

  Charge Standard of Warehousing & Packaging Service

  Note: Storage Period is count from the items are received, counted and warehoused by Party B.

  
  

  Storage Period		Charge (USD)
  <60 Days		Free
  60-90 Days	<30 items per location	$5
  	<=100 items per location	$10
  	>100 items per location	$15
  90-120 Days	<30 items per location	$10
  	<=100 items per location	$20
  	>100 items per location	$30
  >120 Days	Special Statement : Under such circumstances, Party A shall retrieve items within 10 days, otherwise Party B may exercise the right to terminate the service contract and seal inventory. Accordingly, Party B will not bear the risk of loss or damage of such packages as the service agreement expires.

  
  

  2. Warehouse Forwarding Services

  With respect to packages to be forwarded from the warehouse, if no directive for forwarding packages from the warehouse is given more than 30 days after the freight depot's receipt of such packages, we will not bear the risk of loss of such packages.

• Description of Claim Settlement

  1. Warehouse Agency Picking Services

  1. If the outer packaging of cargo is obviously damaged when the cargo is received, the consignee shall photograph it as proof on the site, count the quantity of items in the packaging, and indicate the abnormality on the waybill (or require the deliverer to issue a damage certificate), and then reject the cargo on the site by requiring the deliverer to return the cargo, and then act according to the declaration flow of claim settlement.

  2. When any insured cargo is lost, Party A must timely contact Party B, fill out a claim application and provide the description and proof of the cargo required for claim settlement to handle claim settlement formalities with Party B's customer service department.

  3. Time limit for claims: A claim shall be filed against Party B within 30 working days after the date of mailing or within 7 working days after the date of receipt by Party A's designated user indicated in Xlobo.com system, and such claim shall be dismissed if Party A fails to do so; Party B shall complete investigating the claim application and settling the claim within 20 working days after receipt of Party A's claim notice.

  Party B shall dismiss claims under the following circumstances:

  1. The consignee has signed after receipt of a normal package.

  2. No damage to or loss of items is declared.

  3. The cargo is checked and detained or destroyed by the customs/quarantine department or is lost or damaged due to Party A's concealment in the declaration, untruth of provided documents or mailing of contraband.

  4. The claim application is made after the time limit for acceptance thereof.

  5. The outer packaging of the package is not damaged but internal parts are lost. In this case, Party B will cooperate with Party A in reporting the case to the public security department and assist the department in investigating the case.

  6. Any event of force majeure (weather / mechanical trouble of airplanes / government actions / war / strikes / acts of God) occurs; there is any poor packaging, natural properties, inherent vice or reasonable wear and tear with respect to mailed items.

Disclaimer

List of Items Prohibited or Restricted from Being Exported to China

• Items Prohibited from Entry under Chinese Customs' Provisions

  • Various weapons, simulation weapons, ammunition and explosives;

  • Counterfeit currencies and counterfeit negotiable securities;

  • Printing materials, films, photos, records, movies, audio tapes, videotapes, laser discs, computer storage media, and other items, which are harmful to China's politics, economy, culture and ethics;

  • Various strong poisons; opium, morphine, heroin, marihuana, and other additive narcotics and psychotropic drugs;

  • Animals, plants and products thereof with dangerous pathogenic bacteria, pests or other harmful creatures;

  • Foods, drugs or other items which harm human beings or animals, or come from epidemic areas, or can otherwise infect disease.

• Items Restricted from Entry under Chinese Customs' Provisions

  • Radio transceivers and communications security equipment;

  • Tobaccos and alcohol;

  • Endangered and precious animal and plants (both including specimens thereof) and their seeds and propagating materials;

  • National currencies;

  • Other items restricted from entry by customs.

• Types of Items Prohibited from Entry under Chinese Entry & Exit Inspection and Quarantine Bureau's Provisions

  1. Raw / cooked meat (including viscera) and its products, for example, jerky, dried meat floss, meat paste, and cubilose (except canned products, for example, rock candy cubilose cans).

  2. Aquatic animal products, for example, sea cucumber, jelly fish slices, shell decorations, and coral decorations.

  3. Animal-derived feedstuffs (cat food, dog food, and cans), including meat powder, fish powder, bone powder, whey powder, and blood powder, and animal-derived traditional Chinese medicinal materials.

  4. Animal-derived milk and milk products, including raw milk, fresh milk, and yoghurt, and animal-derived cream, butter, cheese and other dairy products.

  5. Eggs and their products, including fresh eggs, preserved eggs, salted eggs, egg liquid, eggshell, mayonnaise, and other egg-derived products.

  6. Fresh fruits, vegetables, tobacco leaves, funguses, seeds (seedlings), nursery stocks, other fertile plant materials, and soil and fertilizers.

  7. Non-fumigated wood decorations.

  8. Animal fat, fur, feather, hoofs, bones, horns, and their products

Annex: List of Cargo Prohibited from Import

• The First Batch of Cargo Included in the List of Cargo Prohibited from Import:

  Gelatin-removed tiger bones (unprocessed or degreased), gelatin-retained tiger bones (unprocessed or degreased), rhinoceros horns, opium juices and extracts (also called opioid), carbon tetrachloride, and trichlorotrifluoroethane (CFC—113) (used for cleaning agents).

• The Second Batch of Cargo Included in the List of Cargo Prohibited from Import:

  Steel containers containing compressed or liquefied gas, other steel containers containing compressed or liquefied gas, household stoves using gas fuel, other household utensils using gas fuel, non-retail packaging aluminum containers containing compressed or liquefied gas, electricity generation boilers with an evaporation capacity of 900 tons/hour or more, other water-tube boilers with an evaporation capacity more than 45 tons/hour, water-tube boilers with an evaporation capacity of not more than 45 tons/hour, unnamed steam boilers (including composite boilers), hot-water boilers, household hot-water boilers, other hot-water boilers used for central heating, auxiliary equipment of steam boilers and hot-water boilers, auxiliary equipment of boilers used for central heating, condensers of steam or other steam power plants, stove burners using liquid fuel, stove burners using natural gas, stove burners using other gas fuel, stove burners using powdery solid fuel, mechanical stokers and their mechanical grates, mechanical ash discharging gears, stoves and ovens used for heat treatment such as roasting and melting of ore sand or metal, coke ovens, radioactive waste incinerators, unnamed non-electric heating stoves and ovens used in industries or laboratories, unnamed tape recorders and other sound recording equipment, unnamed video signal recording or playback equipment, electrocardiogram recorders, Type B ultrasonic diagnostic apparatuses, colored ultrasonic diagnostic apparatuses, unnamed ultrasonic scanning equipment, nuclear magnetic resonance imaging equipment, scintigraphic apparatuses, patient monitors, unnamed electric diagnostic apparatuses, ultraviolet and infrared apparatuses, injectors (whether holding a syringe needle or not), tubulose metal syringe needles, needles for sutures, other needles (conduits and cannulas) and similar items, dental drills (which may be assembled on the same pedestal with other dental equipment), dental chairs installed with dental equipment, unnamed dental instruments and utensils, other ophthalmologic apparatuses and utensils, echometers, blood pressure measuring instruments and utensils, endoscopes, kidney dialysis equipment (artificial kidneys), diathermal therapy apparatuses, blood transfusion equipment, anesthetic equipment, other medical (surgical or veterinary) apparatuses and utensils, X-ray fault testers, other dental X-ray application equipment, other medical (surgical or veterinary) X-ray application equipment, low-dosage X-ray safety inspection equipment, unnamed X-ray application equipment, medical (or β or γ) ray application equipment, other e (or β or γ) ray application equipment, X-ray tubes, X-ray image intensifiers, other equipment and parts listed in No. 9022, TV and electronic game machines, electronic slot game machines, other slot game supplies, other electronic game machines, engines, and vehicles.

• The Third Batch of Cargo Included in the List of Cargo Prohibited from Import:

  Leaded petrol sludge (including leaded anti-knock compound sludge), calx and slag containing arsenic, mercury, thallium and their mixtures (used to extract or produce arsenic, mercury, thallium and their compounds), calx and slag containing stibium (or beryllium, cadmium, chromium or their mixtures) (used to extract or produce stibium or beryllium, cadmium, chromium or their compounds), ashes (or dregs) arising from incineration of urban rubbish, waste oil containing polychlorinated biphenyl (or polybrominated biphenyls) (including waste oil containing polychlorinated terphenyl), other waste oil, and waste drugs (drugs unsuitable for original purposes due to expiry of the valid service life), urban rubbish, sewage sludge, medical waste, organic solvent of waste halide, other waste organic solvent, waste metal acid wash (or hydraulic oil) and brake oil (also including waste anti-freezing solution), chemical waste mainly containing organic components (other waste of chemical industry and relevant industries), other chemical waste ( other chemical industry and other numbered but unspecified chemical byproducts and waste, ashes containing silver or silver compound (mainly used to recycle silver), and ashes containing other precious metal or precious metal compound (mainly used to recycle precious metal).

• The Fourth Batch of Cargo Included in the List of Cargo Prohibited from Import:

  Unprocessed human hair (whether washed or not, including waste human hair), waste of bristles and pig hair, waste of badger hair and other animal hair used for making brushes, waste horse hair, slag (or scum) and similar industrial residues, asphalt macadam, other calx and slag mainly containing lead, calx and slag mainly containing copper, calx and slag mainly containing tungsten, calx and slag containing other metal and compound (excluding calx and slag containing more than 10% vanadium pentoxide in No. 2620．9990．10), waste tires and their cutout, leather residues (or ashes or sludge) and powder, old clothes, crushed aggregates of batteries, and waste batteries.

• The Fifth Batch of Cargo Included in the List of Cargo Prohibited from Import:

  Air-conditioners, radioactive waste incinerators, refrigerators, computer equipment, displays, printers, other computer input and output components and other components of automatic data processing equipment, microwave ovens, electric cookers, wired telephones, fax machines and teletypewriters, video tape recorders, videoplayers and laser disc players, mobile communications equipment, video cameras, camcorders and digital cameras, TV sets, printed circuits, thermionic tubes, cold-cathode tubes or photocathode tubes, integrated circuits and microelectronic components, photocopiers, medical devices, and ray application equipment.

• In addition to the cargo included in the List of Cargo Prohibited from Import, the following cargo is also prohibited from import by laws and regulations:

  • Waste not included in the List of Waste Available for Raw Materials Restricted from Import and the List of Waste Available for Raw Materials under Automatic Import Permit Management.

  • Waste or old metal suffering radioactive pollution.

  • Animals, animal products, bone powders, and other animal feedstuffs and animal-derived creature products from epidemic areas.

  • Right-wheel vehicles, pre-owned (old) vehicles, and pre-owned (old) motorcycles.

  • Waste or old titaniumtim, waste or old ferro-titanium alloy, and crushed aggregates of ferro-titanium alloy.

  • Below-standard products of titaniumtim and ferro-titanium alloy, which are statutory inspected products.

  • Endangered wild animals and plants.

  • Simulation guns.

  • Vehicles with CFC-12 as air-conditioning refrigeration technology and automobile air-conditioning compressors with CFC-12 as refrigeration technology.

• Printing materials and audiovisual products containing any of the following content are prohibited from entry:

  1. Attacking relevant provisions of the Constitution of the People's Republic of China; vilifying current national policies; defaming leaders of the Chinese Communist Party and China; inciting overthrow of the People's Republic of China and facilitating ethnic separation; advocating “two Chinas” or “Taiwan independence”.

  2. Portraying sexual behavior or pornography.

  3. Advocating feudal superstition, homicide or violence.

  4. Otherwise harming the politics, economy, culture and ethics of the People's Republic of China.

• In addition, the import of the following commodities is stopped:

  Reimport of China-made watches; blood products such as VIII factor preparations; Darlie toothpaste (“DARKLE” and “DARLIE”); ammonium nitrate; potassium chlorate.