Resale/Transfer/Re-Export of Products Export Classification Disclaimer Export Administration Regulations (EAR) International Traffic in Arms Regulations (ITAR) Important Export Restrictions Warning |
Megatop ships only within the continental U.S., Alaska, and Hawaii. However, international customers may request, and Megatop will ship to an approved freight forwarder in the contiguous United States.
If you use a freight forwarder, please contact us and provide a contact name, phone number, and email address for a point of contact at the freight forwarder.
Due to manufacturer restrictions, some products we offer may not be available for export outside the domestic market.
We reserve the right to inquire into the end user, end-use, and country of the ultimate destination of any Product ordered on this Site.
Payments
- The preferred payment method for international volume orders is wire transfer, with all bank charges prepaid by the customer. The order should be pre-paid in full in US currency. We will send you a Proforma Invoice with the total amount due, including the merchandise total and domestic shipping charges (inland freight) with payment instructions.
- On a case-by-case basis, we accept Western Union payments or credit cards, however, the credit card must have a US billing address. We reserve the right to set a transaction limit or cancel an export order paid by credit card. If you are using an international credit card with your 2nd billing address in the US (the billing address provided by the package forwarding company), please contact us before placing the order.
Shipping & Freight
- If we ship to the US address of your freight forwarder, your shipping charges will include the inland freight and insurance charge from the warehouse to the freight forwarder’s address. All other international forwarding and documentation charges will be billed to you by your freight forwarder.
- On a case-by-case basis, we can accept the customer’s UPS, FedEx, or DHL account for inland freight. We do not accept COD (Cash on Delivery). Sometimes, we can offer a pick-up from the manufacturer's location or Megatop’s warehouses.
- All volume export orders are shipped F.O.B. Origin with all costs imposed by the carrier related to the shipment paid by Megatop and charged to the customer on the customer’s invoice. Receipts for freight charges are not furnished. Fuel surcharges and other surcharges may be applied — title and risk of loss pass to the customer upon tender of shipment to the carrier. If the product is damaged in transit, the customer's only recourse is to file a claim with the carrier. If a customer chooses freight collect, shipments will be F.O.B. Origin using a courier designated by the customer.
- The reference to the inland freight charge in the Proforma Invoice is an estimate. Occasionally, the shipping costs in the quotation may fluctuate based on external factors such as rate increases for a particular region, seasonal adjustments by shipping carriers or freight forwarders, etc. Megatop works to get the best shipping rates for all orders, but the shipping price charged at the time of shipment may be greater or less than the original shipping estimate.
- Megatop will not be responsible for differences that may occur between estimates contained in a Proforma Invoice and actual charges applicable at the time of shipment to the freight forwarder. If actual shipping charges exceed the original shipping costs, Megatop will contact the customer via email for approval before shipping. The customer shall incur and be responsible for all costs associated in addition to that. This may require additional payment based on the adjusted shipping quote.
Taxes, Duties, and Fees
- Should an order be requested to be shipped to Canada or Mexico, Megatop is neither responsible nor liable for any taxes, duties, fees, or other charges associated with processing such North American Free Trade Agreement shipments. All such charges and requirements are the sole responsibility of the customer. A separate invoice for these charges will be received from a freight forwarder, FedEx, UPS, or other 3rd parties.
- All International orders are subject to additional charges and fees, shipping rates, applicable customs duties, and taxes, all of which are the customer’s responsibility. Additional charges may include, but are not limited to, delivery area surcharges, extended area delivery surcharges or oversize fees, etc.
Proforma Invoice
- Proforma Invoice cannot only be issued based on the product's specifications. We require the exact manufacturer name and part number to make sure that the product supplied is what is needed. Megatop will issue a Proforma Invoice once we receive the following information.
- Your company name and address;
- Products’ names, part numbers, and quantities;
- Country of ultimate destination;
- Confirm whether you require additional documents or certificates;
- Your point of contact at the freight forwarder.
- Proforma Invoice will provide the itemized list of products, the merchandise total, estimated domestic freight charges to your freight forwarder (inland freight), and payment instructions. Charges for insurance and shipping will be added to the Proforma invoice unless other arrangements are made.
Standard Terms of Sale
- Megatop’s Standard Terms of Sale are listed on the Proforma Invoice along with the payment instructions. The standard pricing is F.O.B. shipping point, at which legal title and product responsibility are transferred to the customer.
- Megatop is not responsible for delays due to customs, documentation needed for pick up, additional storage fees for holding a package, power of attorney, or other form letters to release the package.
Documents
- Copies of the Commercial Invoice and Packing List are sent via email to you or your freight forwarder when your order is released. Original Commercial Invoice and Packing List with stamp and signature are sent separately from the merchandise.
- The hard copies of the documents or certificates are not provided unless otherwise requested by the customer. Please contact us to order hard copies of the documents at the time of the request, and we will include the postage cost in our Proforma Invoice.
- All other documentation, including but not limited to legalization, an apostil, certificates of origin, etc., should be requested from your freight forwarder. A handling charge may apply for export documentation or special packaging for ocean freight.
Confidentiality
- During business between Megatop and the customer, Megatop may disclose confidential and proprietary information to the customer. Confidential information may include data, materials, inventory information, technology, trade secrets, specifications, manuals, business plans, software, pricing, financial information, and other information disclosed or submitted orally, in writing, or by any other media.
- Customer agrees that the confidential information is to be considered confidential and proprietary to Megatop, and the customer will hold the same in confidence and will not use the confidential information other than for the purposes of sales with its customers according to Megatop’s Terms of Sale. Further, the customer will not disclose, publish, or otherwise reveal any of the Confidential Information received from Megatop to any other party.
- Confidential Information furnished in the tangible form will not be duplicated by the customer or any of the customer’s employees except for the purposes of Megatop’s Terms of Sale. Upon Megatop’s request, the customer must return all confidential information received in written or tangible form, including copies or reproductions or other media containing such Confidential Information, within seven days of such request.
Warranties
- Most manufacturers’ warranties do not provide coverage outside the US, and some products may not be exported under any circumstances due to manufacturers' restrictions or US federal regulations. Megatop makes no representations regarding warranty coverage, compatibility, or serviceability for products that are used outside the US. You are responsible for the back-and-forth shipping and brokerage charges for returns, exchanges, and warranty issues.
Damage Claims
- All products purchased from Megatop are shipped F.O.B. Origin, regardless of who pays the freight. This means that the title and risk of loss for all items pass to the customer when we deliver them to the carrier. As the owner of these goods, you must file any claim on a lost or damaged shipment en route to the destination. Customers must make damage claims directly to the carrier within ten (10) days of receipt of the order. All boxes and packaging materials are necessary when filing a claim.
- Customers must inspect orders or shipping damage prior to acceptance of the shipment. Visible damage claims must be clearly noted on the delivery receipt/bill of lading as proof the damage or tampering occurred prior to delivery. Such damages must be reported within 24 hours, with documented proof; otherwise, the claim and/or credit may be denied. Original packaging, manuals, and shipping boxes must be retained for inspection.
Export Control
- Megatop is committed to compliance with all U.S. export, import, customs, and economic sanctions laws, regulations, rules, and orders (U.S. Export Control Laws) to which products purchased from Megatop apply.
- By proceeding with a transaction to purchase any restricted item(s), the customer certifies that it does not intend to export such items after receipt from Megatop without the appropriate U.S. Government export authorization.
- Megatop’s policy prohibits exports of any product that requires an export license according to the EAR or Department of State’s International Traffic in Arms Regulations (ITAR). Megatop participates in BIS Export Enforcement and OFAC transaction reporting. Megatop will report suspicious purchases to the proper authorities for investigation.
- In light of the numerous sanctions imposed on Russia and Belarus by governments and organizations worldwide, Megatop will not ship any products to Russia, the Donetsk and Luhansk regions of Ukraine, and Belarus.
- Megatop will not sell or ship to embargoed countries or individuals and entities who are restricted by
- the U.S. Treasury Office of Foreign Asset Control (OFAC) list of Specially Designated Nationals, including entities that are owned 50% or more by such individuals or entities;
- the U.S. Commerce Department’s Bureau of Industry and Security (BIS) Denied Person List, Entity List, Unverified List, and Military End User list, or for military end use in China, Russia, Venezuela, Burma, and Cambodia;
- Department of State’s AECA Debarred List, among others.
Resale/Transfer/Re-Export of Products
- Customer understands and acknowledges that all products purchased from Megatop are subject to Trade Control Laws and shall only be resold, transferred, re-exported, or dispositioned in any other way, in strict compliance with these laws.
- Customer acknowledges products purchased from Megatop shall not be brokered, transshipped, resold, transferred, re-exported, or dispositioned in any other way to any company, entity, or person identified by BIS: BIS Parties of Concern and to countries, individuals, or organizations identified by OFAC: Specially-Designated-Nationals-and-Blocked-Persons-list; and, Sanctions-programs-and-country-information including sanctions imposed on Iran, North Korea, Cuba, Syria, Venezuela, Sudan, Russia, the Crimea, Donetsk and Luhansk regions of Ukraine, and Belarus, among others.
- Customer acknowledges that, before exporting or re-exporting any product, the customer is responsible for determining if the product is controlled, prohibited, or restricted for export or import and to obtain any license to export, re-export, or import as may be required by U.S. Export Control Laws.
Export Classification Disclaimer
- If you export or re-export, your company, as the exporter of record, is responsible for determining the correct classification of any item at the time of export. Any export classification by Megatop is for Megatop’s use only and shall not be construed as a representation or warranty regarding the proper export classification nor relied upon to make licensing determinations.
Export Administration Regulations (EAR)
- Some of the item(s) on this Site could be subject to the Export Administration Regulations (EAR), and export may be restricted by the U.S. Department of Commerce's Bureau of Industry and Security. Megatop will not export products prohibited by the EAR. By proceeding with a transaction to purchase any restricted item(s), the customer certifies that it does not intend to export such items after receiving them from Megatop without the appropriate U.S. Government export authorization.
International Traffic in Arms Regulations (ITAR)
- Some of this website’s item(s) could be subject to the International Traffic in Arms Regulations. Export is strictly prohibited without authorization or a license issued by the U.S. Department of State's Directorate of Defense Trade Controls.
- By proceeding with a transaction to purchase any ITAR-restricted item(s), the customer certifies that:
- The customer does not intend to export, transfer, sell, or furnish the item to any foreign person, whether abroad or in the U.S., including any Foreign Embassy in the U.S., without the appropriate U.S. Government export authorization;
- The customer understands that a foreign person under the ITAR §120.16 means "any natural person who is not a lawful permanent resident as defined by 8 U.S.C. § 1101(a)(20) or who is not a protected individual as defined by 8 U.S.C. § 1324b(a)(3)" and can mean "any foreign corporation, business association, trust, society, or any other entity or group that is not incorporated or organized to do business in the U.S., as well as international organizations, foreign governments, and any agency or subdivisions of government (e.g., diplomatic missions)" (See ITAR § 120.16);
- The customer is a U.S. Person as defined by ITAR § 120.15, meaning the customer is a lawful permanent resident of the U.S., as defined by 8 U.S.C. § 1101(a)(20), or is a protected individual as defined by 8 U.S.C. § 1324b(a)(3), or is a "corporation, business association, partnership, society, trust, or any other entity, organization or group that is incorporated to do business in the U.S. or is a governmental (federal, state, or local) entity" (See ITAR § 120.15).
Important Export Restrictions Warning
- Export of some products sold by Megatop is strictly prohibited without a valid export license issued by the U.S. Department of State, per International Traffic in Arms Regulations (ITAR) (22 C.F.R. 120-130) or a valid export license issued by the U.S. Department of Commerce, per the Export Administration Regulations (EAR) (15 C.F.R. 730-774).
- United States law prohibits the sale, transfer, or export of items to Embargoed Countries and entities on the Department of State's List of Debarred Parties, the Department of Commerce's Denied Person List, and the Department of the Treasury's Specially Designated Nationals and Blocked Persons List.
- By proceeding with any transaction, the customer certifies that the customer will not engage in any unauthorized transaction involving the export of products purchased from Megatop to any restricted parties or destinations.
- By proceeding with a transaction to purchase items from Megatop, the customer certifies that it will comply with all requirements imposed by all applicable laws, regulations, and administrative policies.
- It is the customer’s responsibility to be aware of the Lists of Embargoed Countries, Debarred Parties, Denied Persons, and Specially Designated Nationals and Blocked Persons, which can be found on the U.S. Government websites listed below.
Useful Websites
- Bureau of Industry and Security (BIS)
- Export Administration Regulations
- Office of Foreign Assets Control (OFAC)
- CIA World Factbook
- Electronic Code of Federal Regulations (e-CFR)
- U.S. Government Export Portal
- U.S. Department of the Treasury Office of Foreign Assets Controls
- U.S. Department of State Bureau of Political-Military Affairs, Directorate of Defense Trade Control
Denied Person List
A list, referenced in Supplement No. 2 to part 764 of the EAR, of specific persons that have been denied export privileges, in whole or in part. The full text of each order denying export privileges is published in the Federal Register.
Specially Designated National
Any person determined by the U.S. Secretary of the Treasury to be a specially designated national (SDN) for any reason under regulations issued by the Office of Foreign Assets Control.
Specially Designated Terrorist
Any person determined by the U.S. Secretary of the Treasury to be a specially designated terrorist (SDT) under notices or regulations issued by the Office of Foreign Assets Control.
Export control laws and regulations are complex. Therefore, any summary of such laws and regulations should not be taken as legal advice or counseling.
Important:
Some products may not be shipped to certain destinations due to manufacturer restrictions.
Megatop reserves the right to inquire into the end user, end-use, and country of the ultimate destination of any product ordered on this site.
Sales Tax Regulations For Export Orders
- Sales tax is a tax imposed by the government on the sale of goods and services. The sales of items to a resident of another country may be taxable or exempt depending on the shipping address for the particular order.
- By shipping address, it means a location where your order will be drop-shipped by our company. So, for example, if you would like us to deliver the order to your forwarding agent in Florida, and then the agent will ship it to your address outside of the US, the shipping address for Megatop will be the agent’s location in Florida.
- If the order will be shipped to the US location, the sales tax will be applied based on the applicable state and local sales tax regulations and rates.
- Almost all the states of the USA require sellers to collect sales tax from their customers. Only five states do not charge sales tax on purchases: Alaska, Delaware, Montana, New Hampshire, and Oregon. If you would like us to ship the order to one of these sales-tax-free states, the sales tax will not be collected.
- The sales tax must be collected if the order needs to be shipped to your freight forwarder’s location in any other state. However, once the order is shipped outside of the US, you may provide us with a Bill of Lading or an Air Waybill issued by a licensed and certificated carrier, and we will issue a refund for the sales tax amount.
The document must include the following information:
- Seller's information (company's name and address);
- Megatop Order number;
- information about purchased items (brand & part numbers).
- Please note that any other documents that don't meet the requirements above will NOT be considered for sales tax returns. The credit will be applied upon the appropriate documents received and approved.
- If you would like us to ship the order to a residential area in the US, the sales tax amount will not be refunded due to the state sales tax regulations. In this case, the government considers that you or another person can take possession or control the purchased item before it is transported out of the country.
- In other words, to avoid the sales tax, you might choose one of the following options:
- Shipping the order outside of the US:
- with our shipping account, no additional documents are required;
- with your shipping account: a shipping label or a copy of the air waybill is required.
- Shipping the order to one of the sales-tax-free states (Alaska, Delaware, Montana, New Hampshire, or Oregon);
- Shipping the order to a licensed forwarding agent’s location in Florida if a 0% sales tax rate is assigned;
- Shipping the order to a forwarding agent’s location in any other state of the US, but the sales tax will be applied to your order first. We will issue the refund for the sales tax amount once the order is shipped out of the country and you provide us a copy of the Bill of Lading or an Air Waybill as proof of exportation.
- Shipping the order outside of the US:
The sales tax amount will be applied to your order and will not be refunded if:
- The order is to be shipped to a residential area in the USA;
- You will not be able to provide a necessary document that can be proof of export;
- Your document will only be approved if it meets the mentioned requirements.
Note: If you need to make the shipment changes once the order is paid but not shipped, we may contact you and advise the sales tax amount to be paid if necessary.
Florida Export Sales Tax Refund
Florida has a unique sales tax exemption applied only to this state. Florida assigns a 0% sales tax rate to zip codes occupied exclusively by licensed forwarding agents. As the products purchased by customers are shipped to these locations primarily for export purposes, the state regulations exempt these transactions from the sales tax. You may contact your freight forwarder for detailed information about the specific freight forwarder’s address and the sales tax rate.
Orders CAN NOT be picked up or delivered by customers. TAX REFUND WILL BE ISSUED ONLY IF MERCHANDISE IS DELIVERED TO AND/OR PICKED UP BY, A LICENSED FREIGHT FORWARDER.
Megatop will be happy to send you a tax credit on your Export Order. To receive your refund, please email a copy of the original Bill of Lading and a copy of your original Megatop invoice.
Email the scanned copies to sales@megatop.com. Scanned copies must be in PDF or TIF format. Unfortunately, we cannot accept phone pictures of the documents.
To ensure a refund, please be sure the Bill of Lading describes the merchandise purchased and the Consignee is the same name as the Sold-to on the Megatop receipt.
All refunds will be processed back to the credit card used on the original purchase. If paid by check or wire transfer, a refund check will be issued using the enclosed self-addressed stamped envelope.