General terms of transportation, customs clearing and additional services provided by Boxberry when delivering internationally
This article defines the terms used in the clauses of the transport and customs clearing agreement concluded between the Clients and Express-carrier “Boxberry”.
Express-carrier “Boxberry” is the Limited Liability Company “Boxberry” operating on international delivery of express-cargo, as well as third parties, including the customs representatives, legally bound in transportation and customs clearing of express cargoes with Express-carrier Boxberry;
Express-cargo (cargo) is the goods transported with express delivery method by any means of transport with the use of the information electronic system for arranging and tracking delivery (www.boxberry.ru) in order to deliver such goods to the Recipient in accordance with the individual bill of lading within the minimal period of time and (or) fixed time, apart from the goods sent by international mail;
Sender is a legal entity or an individual giving the express-carrier the express-cargo to be transported;
Recipient is the receiver of the express-cargo stated on the face of “Boxberry” individual bill of lading;
Client is the sender or recipient of the express-cargo presenting the “Boxberry” individual bill of lading, the owner of the contents of the cargo or any other entitled person;
Customs representative/customs broker is a legal entity of the country of destination of the cargo, for and on behalf of the customs applicant or other interested parties, involved in the customs operations in accordance with the customs legislation of the country of destination;
Customs applicant is a person moving the express-cargo, or the customs representative (broker), and declaring the express-cargo. Prohibited articles means things and materials forbidden to be transported in accordance with the legislation of any country on/through which territory the cargo is being transported.
2. Transport Agreement
2.1 These terms constitute a public offer and make up the Transport agreement for express-cargo of consensual kind, concluded between the Client and Express-carrier “Boxberry”.
2.2 Signing “Boxberry” individual bill of lading constitutes concluding the Express-cargo transport agreement between the Client and Express-carrier “Boxberry”, as well as the Client’s consent to the terms of transportation and customs clearance.
2.3 The Clients agree that Express-carrier “Boxberry” is entitled to conclude contracts with third parties on acceptable terms in order to fulfill the transport agreement or any part of it or provide other services, including the customs clearing services.
3. Accepting the Terms of Transportation and Customs Clearing
3.1 The Clients accept the terms of this agreement if they bring their express-cargo to Express-carrier “Boxberry” in their name or in any other name eligible for the cargo; it does not matter if the “Boxberry” individual bill of lading has been signed by the Clients or not.
3.2 These terms of transportation and customs clearing also apply to the parties used by Express-carrier “Boxberry” or who “Boxberry” conclude agreements with for accepting, transporting, delivering, customs clearing, and may be applied by these parties, customs representatives, employees, managers and agents.
3.3 Any additional directions of the Client concerning the cargo, not included in this Agreement, will be valid only in case Express-carrier “Boxberry” and the Client sign an additional agreement.
4. Prohibited Articles and Dangerous Goods
4.1 Dangerous goods
4.1.1. Express-carrier “Boxberry” does not accept goods, which are considered dangerous or may cause damage to other Clients’ goods.
4.2 Prohibited Articles
4.2.1. Express-carrier “Boxberry” does not accept goods containing articles prohibited in accordance with the legislation of the countries of destination of the cargo.
4.2.2. The sender, an individual or a legal entity, guarantees that he himself prepared the cargo to be transported or for other services in a protected area, that an authorized employee of the sender was responsible for that, there was no access of any unauthorized people during such preparation, storage and transportation up to the moment of accepting the cargo for transportation.
5. The Right to Inspect
5.1. The clients agree that Express-carrier “Boxberry”, customs representative, state authorities, including the customs authorities, have the right to open and inspect the cargo in order to comply with the legislation or eliminate the possible danger for other goods, or at suspicion of the prohibited or dangerous contents.
5.2. The Clients agree that Express-carrier “Boxberry” or an authorized customs representative, for and on behalf of the Clients, have the right to be present at the customs inspection and fulfill other customs operations and formalities.
6. Customs Clearing
6.1 Clients entitle Express-carrier “Boxberry” to carry out the customs clearance of cargoes for them in the country of destination either by itself or through third parties. The clients also agree that Express-carrier Boxberry may act as a nominal recipient with the only purpose of appointing the customs representative for the customs clearing.
6.2 In case the customs authorities require additional documents to prove the customs declarations for bringing the express-cargo in/out of the country or the right of Express-carrier “Boxberry” to carry out the customs clearance, the documents are to be submitted by the Company at the Company’s expense.
6.3 Express-carrier “Boxberry” informs the Recipients about liability to pay the customs fees and duties, administration costs connected with additional work and any other additional expenses which are later charged from the Recipients.
6.4 Before the “Boxberry” individual bill of lading is signed by the Clients, the customs representative, acting in their interests, carries out the customs clearance on behalf of the Clients or Express-carrier “Boxberry”. In this case the express-cargo transport agreement is considered properly concluded until one of the parties objects.
6.5 The Clients are obliged to present full and accurate information about the express-cargo transportation. The Clients should be aware that if the information about the express-cargo or its contents is not accurate or false, a civil claim may be filed or they may be prosecuted; in this case such penalties as seizure and sale of the express-cargo may be applied. Express-carrier “Boxberry” may, on a voluntary basis, assist in the customs clearance or other procedures but the Client will bear all the risk in such a case. The Client is obliged to compensate Express-carrier “Boxberry” for all the losses and indemnify, defend and hold harmless from claims appearing in connection with the presented information, and pay any administration costs connected with the services stipulated by these terms.
6.6 Any customs payments, taxes (including but not limited to the value added tax, if payable), penalties, storage costs and other expenses, which Express-carrier “Boxberry” and the customs representative may have to pay as a result of operating with the customs or other state authorities, or if the Clients are unable to provide the right lists of documents, and/or get the necessary license or permit, the Sender pays the costs connected with additional work and any other additional expenses, in case if the Recipient refuses to pick up the cargo, the Sender pays the customs charges and duties.
6.7 Express-carrier “Boxberry” will apply all the effort to facilitate the process of the customs clearance, however can not be responsible for delay, loss or damage caused by the customs or other state authorities.
7.1. Responsibility of Express-carrier “Boxberry” for the loss or damage of the cargo or any part of it depends on the delivery method and is regulated by the provisions of the international conventions or national legislation.
7.1.1. Road transportation. If the express-cargo is transported by road to the country, across the country or from the country – member of the Convention on the Contract for the International Carriage of Goods by Road (1956), the responsibility of Express-carrier “Boxberry” for the loss and damage of the express-cargo or any part of it is regulated by this convention.
7.1.2. Air delivery. If the express-cargo is delivered by air, the responsibility of the carrier is regulated by the Warsaw Convention.
7.1.3. If these international conventions are not to be applied, and Express-carrier “Boxberry” bears the responsibility for breach of the agreement due to action (inaction) or intent, the responsibility of Express-carrier “Boxberry” for the loss, damage, delivery to the wrong address, nondelivery of the express-cargo or any part of it, in any case is limited by the stated value of the express-cargo at the moment of transportation, however such compensation should not exceed 7990 rubles for one express-cargo.
8. Elimination of the Responsibility
8.1 Express-carrier “Boxberry” does not bear any responsibility for the lost profit, income, commercial market, reputation, clients, possibility to use the contents or any other possibility, even if Express-carrier “Boxberry” knew that such losses could occur, as well as for any indirect damage, incidental expenses, special kinds of damage in any way connected with violation of the clauses of the agreement due to negligence, carelessness or intent.
8.2 Express-carrier “Boxberry” does not bear responsibility for breach of obligations by reason of the following circumstances:
- natural disasters: earthquakes, cyclones, hurricanes, floods, fire, epidemics, fogs, snowfalls or frost;
- force-major circumstances, including but not limited to wars, catastrophes, hostilities, strikes, embargo, risks typical of air transportation, local conflicts and civil unrest;
- disruptions in local and national air and land communication, technical and defects of transport and equipment; - hidden defects or initial defects of the contents of the cargo;
- crimes committed by third parties, such as theft and arson.
- action or inaction of the customs authorities, employees of the airlines and airports, or state officials.
- the fact that the contents of the cargo is the prohibited articles, even if Express-carrier “Boxberry” accepted such goods by mistake.
- the fact that the goods were damaged due to insufficient or low quality packaging, or lack of symbols stipulating a certain way of handling when transporting/transferring such cargo.
9. Claims by Any Third Parties
The Client guaranties that he will not allow any third parties, interested in the goods, to claim or act against Express-carrier “Boxberry” in case Express-carrier “Boxberry” does not fulfill or does not fulfill properly his responsibility. If the claim or act take place, the Client indemnifies Express-carrier “Boxberry” against consequences of such claims, acts and incurred expenses.
10. Making a Claim
10.1 In case the Client’s cargo is lost, damaged or delayed or other losses occur, the Client should observe the rules of the Convention to be applied in such a case, and the rules of the procedure, otherwise Express-carrier “Boxberry” reserves the right to refuse to consider the claim:
10.1.1 The Client should notify Express-carrier “Boxberry” in written form about the loss or delay of the cargo within 21 (twenty one) days after delivery or from the day when the goods had to be delivered, or from the day when the Client was informed about the loss, damage or delay. The Client should submit all the documents regarding the cargo and/or the loss, damage or delay. Express-carrier “Boxberry” is not obliged to take any action to meet the claim before the delivery services charges have been paid. The Client has no right to deduct the amount of damage from the amount of delivery services.
10.1.2 When the express-cargo is received, the Client makes a record in the delivery form about the caused damage, otherwise Express-carrier “Boxberry” considers that the cargo was delivered in proper condition. To deal with the claim, the Clients should submit the contents of the cargo and the original package to be inspected.
11. Rates and Payment
11.1 The Client pays for the delivery services from the sending office to the point of destination in accordance with the completed “Boxberry” individual bill of lading, including customs clearance, customs charges and duties, administration costs and other expenses in accordance with the valid tariffs and prices. The Client agrees that the weight and/or the number of packages determined by Express-carrier “Boxberry” when accepting the goods will be used for the purpose of calculation.
11.2 The Recipient is responsible for the import duties, taxes and other dues and fees. If the Recipient refuses to pay, the cargo is returned to the Sender. In this case the payment of all customs charges and duties, costs, connected with additional work and any other additional expenses of Express-Carrier "Boxberry" is processed by the Sender.
11.3 The payment for the services, including the services of the customs representative, may be made by third parties entrusted by the Clients.
11.4 Payment for the services of Express-Carrier "Boxberry" is calculated on the basis of the rates stated on www.boxberry.ru.
12. Personal Details
12.1. Giving the goods to be delivered to “Boxberry” the Clients confirm their consent to collecting, storing, transferring, destroying and processing personal details and confidential information.