Nov 22, 2016, 12:49 PM
BANJERCITO Rules for Acquiring Temporary Import Permit (TIP) Online
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Although these 'conditions' are spelled out for the online acquisition and use of a TIP, one could conclude that the Terms & Conditions would apply to the physical procurement and use of said at a border crossing.
TERMS AND CONDITIONS OF 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 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 formed, according to the laws of the United Mexican States.
1.2 "BANJERCITO" is authorized to carry out the issuance of Temporary Import Permits for vehicles, according to the permission issued by the General Customs Administration, which is valid to date and explains the following: The Operative Guidelines binding for "BANJERCITO", a Development Banking Institution, empowered to regulate the application, registration, and control of the importation and temporary introduction of foreign vehicles, according to Rule 4.2.7. of the General Rules of External Commerce issued in 2016 and valid to date.
1.3 "BANJERCITO" has the required capacity to offer the services as stated in this agreement.
1.4 Is not responsible, does not control or approve; information, data, services, records, products or any other type of material found on websites mentioned.
2. THE "IMPORTER" DECLARES
2.1 He/she has accessed by his/her own free will "BANJERCITO´s" website, with the purpose of requesting that "BANJERCITO" provide the services offered in this agreement and that his/her PC equipment to be used to apply for 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 and that he/she is in possession of all required original and official documents to certify and fulfill 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 Confirms that for all the purposes related to the application and this agreement, that the address registered is a valid mailing address. Moreover, that no changes or alterations to the information may be changed once payment is submitted.
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 through "BANJERCITO´s" website.
SECOND: APPLICATION FOR SERVICE
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, selects the confirm information option, uploads the required documents and makes the corresponding payment, "BANJERCITO" will provide a reference number, which does not on its own, mean that "BANJERCITO" is obligated to issue the temporary import permit for vehicles, as "BANJERCITO" reserves the right to verify the information provided by the "IMPORTER". In the case that there is a discrepancy in the information, "BANJERCITO" will notify the "IMPORTER" via email the inconsistency which will result in the denial of the application.
2.6 The "PARTIES" agree that the use of the electronic signature, in terms of article 52 of the Ley de Instituciones de Crédito y 93 del Código de Comercio, has the same responsibilities created by an autographic signature, through which explicitly but not through limitations represents the agreement of will between "BANJERCITO" and the "IMPORTER."
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 4.2.7. of 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 follows: Year Model of the Vehicle Warranty Deposit 2007- recent models 400 dollars 2001 to 2006 models 300 dollars 2000 and older models 200 dollars
3.3 All fees will be collected in Mexican Pesos (legal Mexican currency).
3.4 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, regardless of whether the or not the Temporary Import Permit for 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 foreign 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 that "Banjercito" will refund the deposit fee on the next banking business day after a final vehicle return is made. The refund of the deposit fee will be made on to the Original Credit Card holder´s name and at the same exchange rate published on the final return date; as long as 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 temporary importation permit, the full deposit fee amount will be automatically transferred to Federal Treasury Department TESOFE after the permit´s expiration date, according to the established general disposition law.
FIFTH: DELIVERY OF THE TEMPORARY IMPORT PERMIT
5.1 The required documents that prove legal residency in the US or Canada as well as proof of ownership of the vehicle must be individually uploaded directly on to the application in digital format PDF and must not exceed 1MB per document.
5.2 Payment must be made by using a credit or debit card under the name of the "IMPORTER."
5.3 Once payment has been accepted, Banjercito´s personnel will verify the documentation previously uploaded, in order to certify that the information and data registered online coincide with the documents.
5.4 If there is an inconsistency between the information provided, the importer will be notified via email so that the correct documentation may be uploaded. The importer will have 24 hours to re-upload information. If no motion to upload the correct documents is made, the reference number will be deleted and the application will be canceled. The importer will have to apply once again through a new application. Banjercito, in turn will refund the amount paid for the failed application.
5.5 If the documents correspond with the information registered on their application and comply with the current guidelines, the importer will be notified via email that the application was accepted.
5.6 Once the electronic notification is made the permit will be mailed to the address registered by the importer within 10 days.
5.7 The "IMPORTER" authorizes "BANJERCITO" to sub-contract a messenger service to a third party, the delivery of the permit is subject to the messenger service. Therefore the "IMPORTER" must consider 5 days for the delivery of the permit when selecting an entry date into Mexico.
5.8 The permit will only be delivered to the "IMPORTER" at the address determined by the "IMPORTER" during the application.
5.9 When the option of choosing the permit be delivered to one of our border offices, the "IMPORTER" must allow for 5 days following the reception of the confirmation email, in order to pick-up the permit at the selected border office.
SIXTH: OBLIGATIONS AND RESPONSIBILITIES
6.1 "BANJERCITO" will provide the services for the application of a temporary import permit online through this website.
6.2 "BANJERCITO" reserves the right to suspend its services at any time, if the "IMPORTER" is using the website to provide erroneous, false or altered information in order to obtain a temporary import permit.
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 "IMPORTER" must visit http://www.inm.gob.mx/...re_Autorizacion.html to apply for an Immigration Pre-Authorization form. The permit will be valid for the same 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, 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 and any other person as long as the "IMPORTER" is traveling in the vehicle.
8.3 The "IMPORTER" is hereby informed that it is prohibited to sell the vehicle, 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 driven by any person different from those authorized.
8.4 In the case of vehicles and mobile homes, The "IMPORTER" must present 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.
8.5 The importer must show proof that he is 18 years old or older, in accordance of article 646 of the Federal Civil Code.
8.6 The credit card used by the importer must be under the name 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.
By reading and accepting the General Terms and Conditions of the Temporary Importation of Vehicles and clicking to continue, you are aware and accept the content expressed in the General Terms and Conditions for the electronic application and issuing of the Temporary Import Permit for Vehicles.
(This post was edited by RickS on Nov 22, 2016, 12:59 PM)