1. Definitions:
The following definitions apply to the terms and conditions governing this contract of carriage between Bhauze Cargo Ltd (hereafter referred to as “Our,” “We,” or “Us”) and all parties involved, including the Sender, Consignee, Receiver, Owner, Representative, Agents, and any other party with a legal interest in the shipments. “Shipment” or “Goods” refers to packages, parcels, boxes, and freight accepted by us for transportation.
2. Acceptance:
By entrusting your shipment to us, you acknowledge and accept our terms and conditions of carriage on behalf of yourself and any other party with an interest in the shipment, regardless of whether you have signed this agreement. If you provide us with instructions, whether oral or written, that conflict with our terms and conditions, we are not bound by those conflicting instructions.
3. Carriage:
(a) In cases where the carriage of your shipment involves destinations outside the country of departure, the Warsaw Convention will apply, governing our liability limits for loss, damage, and delay of your shipment.
(b) Our liability limit is $0.40 cents per pound (lb) up to a maximum of $400 USD per shipment, provided that the original invoice is presented at the time of shipment tender.
(c) While we make every effort to adhere to our regular delivery schedule, we cannot be held liable for any loss, damage, or delay of your shipment, even if we were aware that such issues might arise.
4. Customs Clearance:
By entrusting us with your shipment, you authorize us to act as your agent for customs clearance and entry, unless otherwise specified. You further certify that we have been appointed as the Consignee for the purpose of designating a Customs Broker to perform customs clearances and entries, should we subcontract this service. Any additional documentation required by Customs or other governmental bodies is your responsibility, and you agree to bear the associated expenses. You acknowledge that providing false information about your shipment or its contents, or failing to obtain the necessary import permits, may lead to civil and/or criminal prosecution, including the forfeiture and sale of your shipment as a penalty. Any voluntary assistance we provide in completing required customs and other formalities for government agencies is at your sole risk, and you agree to indemnify and hold us harmless from any claims that may arise from the information you provide. Any costs incurred as a result of Customs or other governmental authorities’ actions or your failure to provide proper documentation and obtain the necessary licenses or permits will be charged to you or the shipment’s receiver.
5. Insurance:
We recommend customers verify if insurance coverage is available for the type of goods they intend to send. Insurance coverage must be requested and premiums paid before the shipment commences from our USA warehouse; otherwise, it will not be considered valid.
6. Payment:
By entrusting us with your shipment, you assume full responsibility for all charges that may accrue during the shipment’s course, including fines from government authorities, legal fees, storage charges, and other costs related to your shipment.
7. Service by Third Parties:
We cannot be held liable for any loss, damage, or delay of your shipments entrusted to another forwarder or carrier for additional services related to that shipment. Any complaints or resolutions related to such services will be solely between you and the third-party company or agent involved.
8. General Lien on Property:
The Company retains a general lien on all property and documents relating to the Customer’s shipments in its possession, custody, control, or en route, for all claims, charges, expenses, or advances incurred in connection with any of the Customer’s shipments. If these claims remain unpaid for thirty (30) days after a payment demand, the Company may, after providing ten (10) days’ written notice via registered mail (R.R.R) to the Customer, sell the goods, wares, and merchandise at public auction or private sale to satisfy the lien. Any surplus from such sale will be transmitted to the Customer, while any deficiency will be the Customer’s responsibility. Storage charges will begin accruing seven (7) days after notification of the shipment’s availability for pickup and/or delivery. Goods not picked up within one hundred and twenty (120) days may be auctioned or sold to recover unpaid charges.
9. Claims Procedure:
Should you wish to file a claim for a lost or damaged shipment, you must adhere to any relevant conventions and inform us in writing within seven (7) days of delivery for loss or damage, or within thirty-five (35) days from the expected delivery date. We are not obligated to act on any claim until all carriage charges have been paid, and you are not entitled to deduct your claim amount from our carriage charges.
10. Laws and Jurisdiction:
All claims and disputes arising under these terms and conditions of carriage shall be brought before and determined by the Courts of the City of Linden, in accordance with the laws of New Jersey, unless otherwise agreed upon by the Company. The Company reserves the right to initiate legal action against the Customer and/or the Holder in any other competent court if necessary.