This article determines the meaning of the terms used in the clauses of the transport forwarding agreement concluded between the Clients and “Boxberry”.
“Boxberry” is a Limited Liability Company “Smart-Book” carrying out transport forwarding services in the Russian Federation, as well as third parties bound by a treaty with “Boxberry”.
Cargo is goods transported under the transport forwarding agreement by any kind of transport with the use of the information electronic system of handling and tracking transportation of goods (express.boxberry.ru) in order to deliver the goods in accordance with the bill of lading within the minimum possible time and (or) fixed amount of time.
Sender is an individual handing over the cargo to be transported by “Boxberry”.
Receiver is an individual stated in the “Boxberry” bill of lading as the Receiver of the Cargo.
Client is the sender or receiver of the cargo, bearer of the Boxberry bill of lading, owner of the contents of the cargo or any other person having the rights in connection with the cargo.
Payment agent is a legal entity accepting payment from the Clients for forwarding services provided by “Boxberry”.
Prohibited articles are things and materials prohibited to be delivered by the legislation of the Russian Federation, as well as by these terms.
Departments are “Boxberry” offices where the Cargo is accepted, stored and issued.
1) “Boxberry” bears responsibility before the Client in terms of compensating the actual damage from loss, shortage or damage (spoilage) of the cargo after being accepted by “Boxberry” and before being given out to the Client or an authorized person, if it is not proven that the damage was caused by the circumstances which could not be prevented by “Boxberry” at the following rate:
- for the loss or shortage of the cargo accepted by “Boxberry” for forwarding, - the amount of the declared value or part of the declared value proportional to the shortage of the packages;
- for the damage (spoilage) of the cargo accepted by “Boxberry” for forwarding, - the amount by which the declared value decreased, and when the damaged cargo may not be restored – the amount of the declared value;
2) “Boxberry” compensates the actual damage for the loss, shortage or damage (spoilage) of the cargo to the Sender, and compensates the cost of the forwarding of the lost, lacking or damaged cargo to the person who actually paid for the service.
3) “Boxberry” bears no responsibility for the lost profits, reputation, opportunity to use the contents or any other opportunity even if “Boxberry” knew that such losses could occur, as well as indirect damages, incidental expenses, special damages connected with violation of the terms of the agreement, negligence, carelessness or guilty intent.
4) “Boxberry” bears no responsibility for default on an obligation caused by:
- natural disasters: earthquakes, cyclones, hurricanes, floods, fires, epidemics, fogs, snowfalls or intensely cold weather;
- force major, including but not limited to: wars, catastrophes, hostilities, strikes, embargo, the results of risks typical of air transportation, local conflicts and civil disobedience;
- disruptions in local and national air and land networks, technical defects of transport and equipment;
- hidden faults or initial defects of the contents of the cargo;
- crimes committed by third parties, such as theft and arson;
- the fact that the contents of the cargo is a prohibited article, even if “Boxberry” accepted it by mistake;
- in case the cargo was damaged due to insufficient or low-quality packaging, or there was no marking prescribing the way of handling when transporting/reloading such cargo.
Within 7 (seven) days “Boxberry” stores the Cargo free of charge in the Departments issuing the goods to the Receiver, when the time expires the cost of storage is determined by the existing tariffs and prices. Within 3 (three) months after the free storage has expired the Receiver can apply for the cargo paying the storage fees. After 3 (three) months the Cargo is to be destroyed.