Terms & Conditions

Last updated: October 28, 2021

Agreement to Terms of Use

These Terms and Conditions of Use (the "Terms of Use") apply to all services provided by BoxC Logistics, Inc., its subsidiaries and affiliates, including logistics services around the world (collectively, the "Services"). BY USING THE BOXC LOGISTICS SERVICES, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

BoxC Logistics reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes.

Definitions

As used in the following terms and conditions, "you" and "your" refer to the Customer, its employees and agents. "We", "our" and "us" refer to BoxC. Unless otherwise indicated, all dollar amounts referred to are expressed in United States dollars.

Agreement to Terms

By giving us your shipment to deliver, you warrant that you are the owner of the goods transported hereunder or you are the authorized agent of the owner of the goods and you agree to the terms and conditions set forth. We reserve the right to change, modify or delete, in whole or in part, these terms and conditions at any time. By utilizing our broker services, you understand and agree that we may contract with one or more direct or indirect air carriers or other transportation service providers for the delivery of your shipment.

Nothing in these terms and conditions is intended to or shall be deemed to provide you with any greater rights or remedies than are available to us in the event of any actions, inactions, errors, omissions or negligence of any direct or indirect air carrier or other transportation service providers being utilized in the delivery of your shipment.

Right to Inspect

We reserve the right to and may, at our option, open and inspect your shipment after we receive them from you.

No C.O.D. Services

We do not provide C.O.D. services of any kind. If you send a shipment C.O.D. by mistake, we will deliver the shipment and invoice our charges to you.

Responsibility for Payment

You will always be primarily responsible for all delivery costs including taxes and duties, as well as any costs we may incur in returning a shipment to you or otherwise holding or disposing of such shipment if delivery cannot be effected.

All charges must be paid by you in advance unless we agree in writing to extend credit to you; the granting of credit to you in connection with a particular transaction shall not be considered a waiver of this provision by us.

Qualified Acceptance

We reserve the right to reject a shipment after acceptance but prior to delivery when such shipment may or would be likely to include goods on our prohibited and dangerous goods list, cause damage or delay to another shipment, our equipment or personnel, (or the equipment, personnel or other shipment of indirect or direct air carriers or other transportation providers) or if the transportation, handling, delivery or possession of such shipment and/or its content is prohibited by law or is in violation of any applicable rule or regulation or the terms set forth herein.

Limitations of Liability

In preparing and submitting customs entries, export declarations, applications, security filings, documentation and/or other required data, we rely on the correctness of all documentation, whether in written or electronic format, and all information furnished by you; you shall use reasonable care to ensure the correctness of all such information and shall indemnify and hold us harmless from any and all claims asserted and/or liability or losses suffered by reason of your failure to disclose information or any incorrect, incomplete or false statement by you or your agent, representative or contractor upon which we reasonably relied. You agree that you have an affirmative non-delegable duty to disclose any and all information required to import, export or enter the goods.

We will not be liable in any case for incidental, consequential or special damages, including, but not limited to loss of profits or income, regulatory fines and penalties resulting from your violation of applicable laws or our policies whether or not we had knowledge that such damages might be incurred.

Total Shipping Protection

For shipment values up to $30.00, BoxC Parcel, BoxC Plus and BoxC Priority shipments are automatically protected free of charge, unless otherwise noted in Exhibit A, for damage, loss or theft during transit unless excluded in the XCover policy. For BoxC Parcel, BoxC Plus and BoxC Priority shipments valued above $30.00, the cost of Total Shipping Protection is 1.75% of the total shipment value less $30.00, plus shipping cost. If you are a United States resident or incorporated business, this insurance is sold by Cover Genius Insurance Services, LLC and underwritten by Starr Indemnity & Liability Company. View the terms of coverage at this link https://www.xcover.com/en/pds/boxc-us-shipping-protection . If you reside or are incorporated outside of the United States, this insurance is administered by Cover Genius Trading Pty. Ltd. and underwritten by Berkley Insurance Company (Singapore Branch). View the terms of coverage at this link https://www.xcover.com/en/pds/boxc-row-shipping-protection.

Indemnification/Hold Harmless

You agree to indemnify, defend, and hold us harmless from any claims and/or liability, fines, penalties and/or attorneys’ fees arising from the importation or exportation of your or your customers merchandise and/or any of your conduct, including but not limited to the inaccuracy of entry, export or security data supplied by you or your agent or representative or customer, which violates any Federal, State, Country, Province and/or other laws, and further agree to indemnify and hold us harmless against any and all liability, loss, damages, costs, claims, penalties, fines and/or expenses, including but not limited to reasonable attorney’s fees, which we may hereafter incur, suffer or be required to pay by reason of such claims; in the event that any claim, suit or proceeding is brought against us, we shall give notice in writing to you by mail at your address on file with us.

Broker Services Only

We serve only as brokers for the delivery of your shipment. We act as an intermediary between you and other indirect or direct air carriers or other transportation providers who are responsible for delivery of your shipment to the recipients. Our services are limited to some or all of shipment pickup at your location and transmittal to such other indirect or direct air carriers or other transportation providers who perform the actual delivery services. Nothing contained in these Terms and Conditions shall create, imply or expose us or our employees and agents, to liability, cost or expense as a result of the actions, inactions, errors, omissions or negligence of any such other indirect or direct air carriers or other transportation providers being utilized in the delivery of your shipment. You are required to give us a limited power of attorney to enable us to provide our contracted services to you.

Account Cancellation

You may cancel your account at any time. You will be asked to verify your account information and confirm your intent to cancel your account.

Except where prohibited by applicable law, unused free or other promotional balance reflected in your account is never refunded; such credits, if any, expire and are forfeited automatically upon cancellation of your account. Non-promotional account balances in excess of $1.00 (one dollar) will be refunded upon request. You may request a refund of your non-promotional account balance when you request to close your account. If you have unpaid service fees or other outstanding charges, your refund, if approved, may be delayed or used to pay, in whole or in part, the outstanding balance.

Abandoned Account

If your account charges remain unpaid for a period greater than 60 days, then we reserve the right, at our sole discretion, to terminate this agreement, suspend its performance, and/or reclassify your account as an “Abandoned Account.” To the fullest extent permitted by law, upon an account becoming an Abandoned Account, all rights to ownership of the account balance and goods would then immediately be forfeited by you. Goods will become immediately and irrevocably unavailable to you, and liquidation proceedings would begin. You agree such goods would be free and clear of liability, and that you would assume any liability therefore. You would have no rights to the liquidation proceeds. You would also remain liable for any pending charges above and beyond the liquidation proceeds.

Confidential Information

"Confidential Information" includes our, but is not limited to, rates, product schematics or drawings, descriptive material, specifications, source code or object code, sales and user information, our business policies or practices, information received from others that we are obligated to treat as confidential, and other materials and information of a confidential nature. You shall not use any Confidential Information other than for purposes of evaluation in connection with our products and services or as otherwise expressly authorized by us. Confidential Information may be disclosed, reproduced, summarized or distributed only in pursuance of your business relationship with us.

International Shipments

International air carriage is subject to the rules relating to liability established by the Convention for Unification of Certain Rules relating to International Carriage by Air; signed at Warsaw, October 12, 1929. We have a separate form of international air waybill. If your shipment is not accompanied by this form of international air waybill, you hereby authorize us to prepare and sign on your behalf such international air waybill containing, among other things, customs provisions and limitations on liability.

Dimensional Weight

Shipments where dimensional weight exceeds actual weight are charged based on dimensional weight according to the following volumetric calculation unless otherwise noted in specific rate conditions: Dimensional weight in kg per package = Length x Height x Width in cm / 6,000.

Compliance

You warrant that: all of your shipments are acceptable for transportation and that may be lawfully carried aboard any cargo airline or other federally regulated carrier; that shipments do not contain articles classified as hazardous, dangerous or prohibited or restricted by any applicable statutes and regulations including those of the DOT (Department of Transportation), TSA (Transportation Security Administration), IATA (International Air Transport Association),; that it has complied with all relevant TSA, DOT and IATA requirements, rules and regulations including Known Shipper Re-Verification form, and, when applicable, completion of a Written Authorization to Prepare or Transmit Shipper’s Export Information, and customs laws and regulations regarding admissibility of the goods into a customs territory including but not limited to the protection of intellectual property rights.

You are responsible for checking whether or not an item is prohibited or restricted: https://support.boxc.com/support/solutions/articles/65000165373-prohibited-and-dangerous-goods.

Damage and Shrinkage Allowance

You acknowledge that some damage or loss to your products at our facilities may occur during the performance of fulfillment services. Accordingly, you agree that we shall be entitled to the annual inventory damage and shrinkage allowance of 0.5% of your yearly outbound volume per facility, which must be exceeded prior to us being liable for any damage, loss or shortages of your products. We will be liable for the wholesale price, supported by reasonably detailed copies of documentation, of products in excess of this allowance at the average wholesale price of up to $10.00 per unit with a maximum of $1,000 per occurrence per facility.

Shipment of Inbound Inventory

You shall not ship or cause your products to be shipped to us as consignee. The products need to be addressed to you, with the addition of “care of BoxC” as a subset of the name. If products are shipped with us as the named consignee, then you shall notify the carrier in writing prior to shipment that the named consignee is a warehouseman and that we have no beneficial title or interest in your product. If you fail to notify the carrier, we may refuse to accept your products, without liability of any kind for any loss or damage to your products so shipped, and the same shall be returned to their originating point.

Force Majeure

Except with respect to payment obligations under these terms and conditions, neither party nor its agents will be liable to the other party or its agents for damages or failure to perform any of its obligations under these terms and conditions to the extent such performance is hindered, delayed or prevented by Force Majeure. A party which is unable, in whole or in part, to carry out its obligations under these terms and conditions due to Force Majeure must provide notice to the other party. Initial notice may be given orally; however, written notification with reasonably full particulars of the event or occurrence is required as soon as reasonably possible. A party claiming Force Majeure will diligently use all reasonable efforts to remove the cause, condition, event or circumstance of such Force Majeure, will promptly give written notice to the other party of the termination of such Force Majeure, and will resume performance of any suspended obligation as soon as reasonably possible after termination of such Force Majeure. For purposes of these terms and conditions, “Force Majeure” will mean causes, conditions, events or circumstances which are beyond the reasonable control of the party claiming Force Majeure. Such causes, conditions, events and circumstances will include but not limited to acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, terrorism, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, arrests and restraints of rulers and people, arrests and restraints of the government, either national or local, inability of any party hereto to obtain necessary materials or supplies at market costs or the cessation of postal operator or carrier operations, orders and laws of governmental authorities (both national and local), interruptions by government or court orders, present and future orders of any regulatory body having proper jurisdiction, civil disturbances, explosions, sabotage, partial or entire loss of market.

Rates and Shipping

Minimum chargeable weight: 100g;
Any shipment containing batteries requires pre-authorization;
Shipments containing lithium batteries are subject to prevailing regulations and packaging requirements as set out by the International Air Transport Association (IATA);
An accurate pre-alert must be provided electronically prior to shipment drop-off at BoxC facilities or pick-up;
Rates are applicable only when shipment is consigned according to instructions and presentation requirements;
BoxC reserves the right to review and adjust its rates at any time without notice;
All shipments are subjected to customs inspection and clearance;
Any penalties, customs duties and/or other relevant taxes imposed by authorities will be invoiced to consignor at cost;
Balloon, oversize and volume pricing may apply.