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THE FOLLOWING ARE THE TERMS AND CONDITIONS FOR THE AGREEMENT BETWEEN EL BANCO NACIONAL DEL EJÉRCITO, FUERZA AÉREA Y ARMADA S.N.C, REFERRED TO AS “BANJERCITO” AND THE PERSON APPLYING ONLINE FOR THE ISSUANCE OF A TEMPORARY IMPORT PERMIT FOR VEHICLES, REFERRED TO AS THE “IMPORTER”
THIS AGREEMENT IS IN ACCORDANCE WITH THE FOLLOWING DECLARATIONS AND CLAUSES:
1. "BANJERCITO" DECLARES
1.1 “BANJERCITO” is a National Credit Society constituted according to the laws of Mexico.
1.2 “BANJERCITO” is authorized to carry out the issuance of Temporary Import Permits for vehicles, recreational vehicles, and boats, according to the permission issued by the General Customs Administration, which is valid to date and explains the following: The Operative Guidelines with a binding character for “BANJERCITO”, a Development Banking Institution, empowered to regulate the application, registration, and control of the importation and temporary introduction of foreign vehicles, boats, and recreational vehicles, in accordance with the regulations 3,2,6, 2,10,8, 3,2,8 and 3,2,9 of the valid regulations with general character in respect to foreign trade.
1.3 Banjercito has the required capacity to offer the services as stated in this agreement.
2. THE "IMPORTER" DECLARES
2.1 He/she has accessed by his/her own decision and by free will the “BANJERCITO” Web site, with the purpose of requesting that “BANJERCITO” provide the services offered in this agreement and that his/her PC equipment used to apply for the issuance of the Temporary Import Permit fulfills all technical and security specifications.
2.2 That he/she has the legal capacity to carry out the temporary importation of vehicles, boats, or recreational vehicles and that he/she is in possession of all required original and official documents to certify and prove the requirements as determined by Mexican law.
2.3 That he/she understands the content and scope of this agreement, and therefore accepts the clauses and conditions established in this agreement.
2.4. BANJERCITO reserves the right to deny service to anyone who has previously requested a permit through the Internet and who did not turn in the required documentation such as proof of legal residence, vehicle ownership, and the signed "promise to return the vehicle".
2.5 He/she indicates that the address as entered in the corresponding field titled "Importers Address" is in fact his/her address.
2.6 Once the "IMPORTER" meets the registration requirements, confirms the entered information, and completes the payment, "BANJERCITO" will send a confirmation code that will be the acceptance of the "IMPORTER?s" electronic request.
BASED ON THESE DECLARATIONS, THE PARTIES AGREE TO THE FOLLOWING:
1.1 This agreement intends to establish the clauses that must be fulfilled by the parties that take part in the electronic application for and the issuance of the Temporary Import Permit for vehicles, recreational vehicles, or boats through the "BANJERCITO" Web site.
SECOND: SERVICE REQUEST
2.1 The “IMPORTER” agrees to fill in all the fields of the registration page in order to complete any application through this Web site.
2.2 The “IMPORTER” declares that all statements made by him/her on this Web site are true, and that the data entered in the forms made available through this Web site are exactly the same as those in the original documents requested by "BANJERCITO" for the application and issuance of the Temporary Import Permit for vehicles.
2.3 "BANJERCITO" reserves the rights to postpone or deny the issuance of the permit until the “IMPORTER” meets all corresponding requirements.
2.4 The expedition of the Temporary Import Permit is subject to the authorization for charges made to the "IMPORTER?s" credit or debit card by the issuing bank.
2.5 Once the “IMPORTER” meets the registration requirements, confirms the entered information, and completes the payment, "BANJERCITO" will send a confirmation code that will be the acceptance of the "IMPORTER's" electronic request.
3.1 The “IMPORTER” will pay "BANJERCITO" an amount equivalent to the service fee for the Temporary Import Permit, as described in this agreement, in accordance with the costs specified in "BANJERCITO?s" Web site. This payment will be carried out electronically and will result in a charge to the "IMPORTER's" credit or debit card registered for this payment in "BANJERCITO?s" Web site. The charge will be made once it has been authorized by the bank that issued the card.
3.2 The "Importer" will pay to "Banjercito" via electronic credit card payment or debit from the same "Importer" register in the site of "Banjercito" as payment and has to be authorized by the bank own of the credit card; the amount of warranty deposit establish on the rule 4.2.7of the Rules of Character of General and Matter of External Commerce (Regla de Caracter General en Materia de Comercio Exterior),in function of the model of the vehicle you will wish to temporally import, as follow:
3.2 All fees will be collected in Mexican Pesos (legal Mexican currency).
3.3 The Value Added Tax and any additional taxes indicated in the applicable laws will be included in the costs which are published on this Web site.
4.1 The “IMPORTER” accepts that the service fee will not be reimbursed, irrespective of whether the Temporary Import Permit for vehicles, boats, or recreational vehicles is used or not. Once the application through this Web site is accepted by “BANJERCITO”, the service fee will be charged to your credit or debit card. The completion of the application process is confirmed by a confirmation code.
4.2 "BANJERCITO" will not make any change to the information provided and will not accept any reimbursement requests or cancellations for the Temporary Import Permits issued through this Web site.
4.3. The “IMPORTER“ accepts, after reception of his permit documentation, to send “Banjercito“ a copy of proof of ownership of the vehicle, Mobile Home or boat, the signed “Promise to Return the Vehicle, motor home or boat“ latter and, in the case of Vehicles, documents of his proof of legal residency in a foreing country, through any of the following:
4.4 In those cases whence a deposit fee is generated as set forth on schedule 4.2.7 of the Rules of Character and Matter of External Commerce, the "Importer" agrees "Banjercito" to proceed reversing the deposit fee on the next banking business day after a final vehicle return is made. Such reverse deposit fee will be made over the Original's Credit Card holder name and at the same exchange rate published on the final return date; subject to the vehicle is returned before the expiration date stated on the official permit return receipt or the date established on the official temporal importation permit.
4.5 In those cases where the vehicle's return date exceeds the expiration date established on the admission card or the date stated on the official temporal importation permit, the full deposit fee amount will be automatically transferred to Federal Treasury Department right next after the permit vehicle expiration date according to the established on the general disposition law.
4.6 The "IMPORTER", when accessing this Web site and completing the process for requesting the electronic issuance of the Temporary Import Permit, accepts this agreement?s terms and conditions, declaring that there are no false statements or ulterior motives other than those stated in this agreements and that he/she understands the content and the scope of these clauses.
FIFTH: DELIVERY OF THE TEMPORARY IMPORT PERMIT
5.1 The required documents (Passport, Resident Alien or Certificate of Naturalization and the document that certifies legal ownership of the vehicle) must be sent in electronic format by e-mail to the following Banjercito address: email@example.com
5.2 The “IMPORTER” authorizes "BANJERCITO" to subcontract the delivery of the permit through a commercial courier service. Therefore, the manner in which the Temporary Import Permit will be delivered is left to the discretion of the corresponding courier service. For this reason, the “IMPORTER” should complete the application process no later than 10 calendar days before the planned trip in order to guarantee a timely issuance and delivery of the Temporary Import Permit.
5.3 The Temporary Import Permit will only be delivered to the “IMPORTER” through the mail service at the address defined by the “IMPORTER”. To complete the delivery process.
SIXTH: OBLIGATIONS AND RESPONSIBILITIES
6.1 "BANJERCITO" will make its best effort to provide the services for the issuance of Temporary Import Permits for vehicles, recreational vehicles, or boats through this Web site and to maintain the integrity of the information delivered by the "IMPORTER", within the technological infrastructure of "BANJERCITO”.
6.2 If the “IMPORTER” makes improper use of this Web site, "BANJERCITO" has the right to suspend the services at any time.
6.3 The “IMPORTER” is fully responsible for inaccurate data or false statements printed in the issued Temporary Import Permit, which will be delivered to the address defined by the “IMPORTER”.
6.4 For an "IMPORTER" with citizenship other than Mexican, the authorized time period for the temporary import of a vehicle will be subject to the authorization of the National Institute of Migration. The permit´s validity will be equivalent to the period for which the person is authorized to stay in Mexico, depending on immigration status.In the case of boats and mobile homes the permits validity will be for 10 years.
6.5 "BANJERCITO" will not replace lost, stolen, or damaged Temporary Import Permits. The “IMPORTER” is solely responsible for those documents.
6.6 The “IMPORTER” will be held solely responsible for the incorrect use of the Temporary Import Permit, which is issued and sent to the address indicated by the “IMPORTER”.
6.7 If the application is completed from public computer equipment that does not have the appropriate security measures, the “IMPORTER” assumes the risk of third parties gaining access to his/her data.
6.8 This service will only be provided if and once the service charges are authorized by the bank which issued the credit or debit card used by the “IMPORTER”. “BANJERCITO” has no influence on the authorization process.
7.1 The process of issuing a Temporary Import Permits takes place between "BANJERCITO" and the “IMPORTER” and will be governed by the Federal Laws of Mexico. Any disputes, controversies, or contentions related to the application of the law will be addressed by the corresponding authorities and courts in Mexico City, whereby the “IMPORTER” agrees to relinquish any other jurisdiction that may correspond to his/her present or future address.
7.2 "BANJERCITO" reserves the right to modify its Web site and/or make changes to exclusions, terms, and conditions at any time.
EIGHTH: CONDITIONS FOR THE TEMPORARY IMPORT OF VEHICLES TO MEXICO
8.1 In accordance with Customs Laws, its Regulation and the valid Rules of General Character regarding to Foreign trade, the “IMPORTER” voluntarily, willingly, and without reservation, stating that all his/her statements are true and correct, declares that he/she will return the temporary imported vehicle, mobile home or boat within the authorized time period to its country of origin and will not use it for illegal, commercial, or any activities other than for personal commute.
8.2 In the case of vehicles, the “IMPORTER” is hereby informed, that the persons allowed to drive the vehicle, which is temporarily imported into Mexico, are the “IMPORTER”, his/her spouse, parents, children, and siblings, as long as they are considered legal foreign residents. In addition, any foreigner with an immigration status of retired immigrant or non-immigrant (with the exception of political refugees) and any other person as long as the “IMPORTER” is traveling in the vehicle. No such restrictions apply to boats.
8.3 The “IMPORTER” is hereby informed that it is prohibited to sell the vehicle, mobile home or boat, to use it for transportation of goods or any other enterprise activity, to exceed the authorized time period of the Temporary Import Permit, or in the case of vehicles, to be drive by any person different from those authorized.
8.4 In the case of vehicles and mobile homes, The “IMPORTER” must show the actual vehicle or mobile home to "BANJERCITO" personnel at the modules located at the border, in order to register its return to the country of origin. If he/she fails to do so, the “IMPORTER” WILL NOT BE ABLE to apply for future Temporary Import Permits for vehicles. Boats leaving the country by sea, that wish to cancel the Temporary Import Permit, may do so by presenting a copy of the boats Port Clearance papers and original temporary import permit to the Banjercito personnel at the modules located at the port of deperture or submitting the petition for cancelation by mail to Banjercito´s main office along with above mentioned documentation.
8.5 The importer must show proof that he is 18 years old or older, in acordance of article 646 of the Federal Civil Code.
8.6 The credit card used by the importer must be that of the importer.
NINTH: APPLICABLE LAW
9.1 The “IMPORTER” is hereby informed that in case of violating any of the dispositions indicated in this agreement; he/she will be subject to applicable fines as stated in the Mexican Legislation, which include economic fines and incarceration. The Importer is also aware of the legal repercussions resulting from making false statements to any authority.
9.2 By typing your name and last name(s) and clicking on the button labeled "Next", you - the importer - acknowledge and accept the General Terms and Conditions for the electronic application and issuing of the Temporary Vehicle Import Permit. You must enter your name and last name(s), otherwise you will not be able to continue with the application process.