Legal
Terms & Conditions
1. Who we are and what we do
BAJEX is a cross-border package-forwarding and last-mile delivery service based in Los Cabos, Baja California Sur, Mexico. We receive packages on your behalf in the United States, carry them across the border, and deliver them within Baja California and Baja California Sur. Contact: info@bajexx.com, +1 (619) 279-0648.
2. Quotes, declared value, and acceptance
A quote we send you is an estimate based on the information you give us. Final charges are calculated from the actual weight, dimensions, contents, declared value, and destination of your packages, plus any customs duties, taxes, or third-party fees that apply. We may decline or return any shipment at our discretion. A shipment is accepted only once we have physically received it and confirmed it to you.
Declaring a value. When you give us a shipment you tell us its value. That declared value is used for customs, and it also sets the ceiling on what BAJEX can be required to pay you if we are responsible for loss of or damage to that shipment (see section 8). If you declare a low value, or no value, our liability is limited accordingly. If your shipment is worth more than the per-package cap in section 8 and you want fuller protection, ask us before you ship — additional coverage may be available for an extra charge, and if it is not available for a particular shipment we will tell you so you can decide whether to proceed.
3. Your responsibilities
- Give us accurate and complete information about the contents, value, sender, and recipient of every package.
- Pack items properly for cross-border road transport. We are not responsible for damage caused by packaging that was inadequate for that transport.
- Make sure everything you ship is legal to export from the United States and to import into Mexico, that it is accurately described, and that you can provide any documentation customs requires.
- Pay all charges, duties, and taxes when they are due.
4. Items we will not carry
We do not accept cash, precious metals or stones, firearms or ammunition, illegal drugs, hazardous or flammable materials, perishable goods, live animals, or anything prohibited by U.S. export law or Mexican import law. We may open and inspect any package, and we may dispose of or hand to the authorities anything shipped in breach of this section, without refund.
5. Customs, duties, and taxes
Cross-border shipments are subject to inspection, duties, and taxes set by the customs authorities of both countries. You are responsible for all such charges. Delays or holds by customs, and seizures that are not caused by an act or omission of BAJEX, are outside our control and are not our responsibility.
6. Custody — when it begins and ends
BAJEX's custody of a shipment begins when we scan its barcode in at our U.S. receiving point (or at the point we take physical possession of it from you). Custody ends at the earliest of: (a) the shipment is delivered to the address you gave us and we record proof of delivery; (b) it is collected by you or your recipient from a pickup point and the collection is recorded; or (c) it is returned to you or to the sender and the return is recorded. Section 8 applies only to loss or damage that happens while the shipment is in BAJEX's custody.
7. Delivery and proof of delivery
We deliver to the address you give us. For doorstep deliveries we record proof of delivery — which may include a photograph taken at the address, the GPS location at the moment the photo is taken, and the recipient's name and signature. Where you have authorized an unattended drop in advance, we may leave the package at the address and treat it as delivered at that point.
The proof of delivery we record is evidence that the shipment was delivered to that address at that time. It stands as delivery unless you show otherwise.
After delivery. Once a shipment has been delivered (including a pre-authorized unattended drop) and proof of delivery has been recorded, the risk of theft, weather, or other loss or damage at the delivery location passes to you, except where the law does not allow that risk to be transferred.
8. Our liability for loss or damage
BAJEX is liable to you for loss of, or physical damage to, the contents of a shipment where that loss or damage is caused by BAJEX's failure to take reasonable care while the shipment is in our custody (section 6).
Where BAJEX is liable, the amount we pay for any one shipment is limited to the lowest of:
(a) the documented cost to repair or replace the item(s) lost or damaged;
(b) the value you declared for that shipment (section 2); and
(c) USD $100 per package.
BAJEX is not liable for loss or damage that is caused by, or that we could not reasonably have prevented because of:
- packaging by you or the sender that was inadequate for cross-border road transport;
- inaccurate, incomplete, or misdeclared information about the contents, value, or nature of the shipment, or shipping a prohibited item (section 4);
- seizure, hold, destruction, or delay by a customs or other government authority that was not caused by an act or omission of BAJEX;
- events outside our reasonable control — including extreme weather, natural disaster, fire, flood, accident not caused by us, armed conflict, civil unrest, border closure, strike, or the act of a government;
- the ordinary character of the goods (for example items that are inherently fragile, perishable, or prone to leak), where we were not told and could not reasonably tell;
- anything that happens after custody ends under section 6, including after a delivery is recorded (section 7).
BAJEX is not liable for indirect or consequential loss, or for lost profit, business, revenue, goodwill, or opportunity, arising from a shipment or from use of this website. This section does not exclude or limit any liability that cannot be excluded or limited under the law that applies to you, including non-waivable rights under Mexican consumer-protection law.
9. Making a claim
If a shipment arrives damaged, or is lost, tell us as soon as you can. For visible damage, report it within 24 hours of receiving the package, with photographs of the packaging and the contents. For damage you could not have seen until you opened the package, report it as soon as you discover it. Reporting after 24 hours may affect our ability to investigate where the fault lies and to recover from a third party, and may reduce what we can pay — it does not by itself defeat a claim, and it does not affect any right you have under the law that applies to you that cannot be waived by agreement.
Where we investigate a timely report we will make a good-faith effort to help put things right, including taking the matter up with any third party involved. Where BAJEX is liable under section 8 we will pay you up to the limit set there.
10. Carriers and other providers we work with
To move your shipment across the border and to your door, BAJEX may use affiliated companies and independent third parties — for example line-haul and last-mile carriers, customs brokers and agents, and warehouse operators. Using them does not change the service you contracted for with BAJEX or, subject to section 8, our responsibility to you for it. Where a loss is caused by such a third party, BAJEX's liability to you is still governed by section 8, and we will pursue the third party on your behalf.
11. Payment and refunds
Charges are payable as invoiced. Our position on refunds is set out in our Refund Policy: once a shipment has moved, the service has been rendered and is not refundable. If we take payment for a shipment we do not end up performing, see that policy for what happens.
12. Governing law
These terms are governed by the laws of Mexico. Disputes are subject to the competent courts of Los Cabos, Baja California Sur — except that a consumer retains any right to bring a matter before Mexico's consumer-protection authority (PROFECO) or the courts that consumer-protection law makes available. The Spanish-language version of these terms prevails for customers in Mexico.
13. Changes
We may update these terms. The version in force is the one published on this page at the time your shipment is accepted. The "effective" date above shows when they last changed.
Questions: info@bajexx.com · +1 (619) 279-0648