BOC International’s Terms and Conditions represent a binding contract between BOC International (“BOC”) and its client (“Client”). Other industry-standard transportation documents used in the regular course of business, including but not limited to a Bill of Lading, Air Waybill, or Truck Bill, may take priority over this document. This document in no way negates the legal effect of any other legally binding transportation documents.
- BOC, where used in this document, shall mean BOC International, Inc, and shall also include those agents and representatives of BOC. BOC is a licensed NVOCC, Indirect Air Carrier and US Customs Broker, and performs duties as such.
- Client, where used in this document, shall include the company or person to which BOC is rendering service to, as well as that company’s or person’s agents.
- When BOC and Client agree for BOC to handle freight for Client, it is Client’s responsibility to share these Terms & Conditions with its representatives.
- BOC as agent for Client
Under these Terms and Conditions, BOC will represent the Client, as an agent, in executing those tasks required to move freight, provide necessary information to the appropriate export or import government agencies, clear freight through Customs, or provide other logistics services, as required by Client.
- Claims for Loss/Damage
- Claims against BOC for alleged loss or damage to freight must be made, in writing, to BOC, within the time period allowed by industry standards. If claim to BOC is not made timely, Client may be time-barred from recovering any compensation, even if loss/damage is evident. Supporting documents, included but not limited to, photographs showing damage, survey report (if issued), commercial invoice showing value of freight claimed damaged/missing, signoff of delivery document showing damage/loss notated, must be submitted to support claim;
- Claims must be sent, by email, to Claims@bocintl.com, and confirmed received by BOC;
- Claims made for loss and damage are specifically subject to restrictions and limitations on carrier bills of lading;
- Services Provided
Unless shipped under a stated guaranteed service, or specific written instructions are provided by Client which BOC agrees to follow, BOC will route freight in the manner best suited to achieve Client’s stated goals. BOC will exercise reasonable discretion, using its industry experience, in choosing carriers to handle Client’s freight.
- Client/Shipment Information
- BOC, in executing its duties to Client, relies on information provided by Client, in order to best deliver the services agreed upon. Client agrees to provide all information required by law, whether or not requested specifically by BOC. Client understands and agrees that all documents forwarded by BOC to Client must be reviewed timely. Any errors, omissions, discrepancies or incorrect information in these documents must be brought to BOC’s attention, immediately, in writing, in order for shipments to be handled correctly, and all local and international laws and regulations to be complied with.
- Client agrees that all documents and information which Client provides to BOC, which will be supplied to any Government Agency, will be correct, accurate and complete.
- Client agrees to hold BOC harmless from all claims suffered as a result of Client either failing to provide necessary information, or providing inaccurate or incomplete information.
- Marine Cargo Insurance / Warranties
- BOC makes no express or implied warranties in connections with the services it provides.
- If requested by Client, BOC will attempt to secure marine cargo insurance on Client’s behalf. Client must request insurance, in writing, and BOC must confirm, in writing, that insurance is being provided, including the amount of insurance. Client will pay the quoted costs for securing said insurance. No insurance is provided by BOC until/unless BOC confirms coverage, in writing.
- Client understands and agrees that, absent securing marine cargo insurance through BOC and its provider, any loss or damage to freight may be limited by a third party’s legal limitation of liability, for example, the terms and conditions on an Air Waybill.
- Payment for Services / Payment Terms / Liens on Property
- Client will pay BOC, in advance, for all services to be provided, unless BOC agrees, in writing, to extend credit terms to Client. If granted credit terms by BOC, Client agrees to pay any invoices within said terms.
- BOC shall be entitled to collect all costs associated with collecting past due balances, including reasonable attorney’s fees and interest, as reflected on BOC invoices.
- While Client owes money to BOC, BOC shall have a general and continuing lien on any/all property of Client’s, which comes under BOC’s actual or constructive possession. Before exercising said lien, BOC will provide Client with written notice, including the amount of money owed, as well as additional charges that may accrue, including but not limited to storage, demurrage and/or detention. Client will advise any parties having an interest in the freight that BOC has said right. Client has thirty (30) days to pay BOC, in cash, or, if the amount is in dispute, post an acceptable bond equal to 110% of the amount claimed to be due to BOC (plus additional charges that may accrue). If Client does not pay the full amount owed, or post said bond, BOC has the right to sell said freight. BOC will refund to Client any additional moneys collected from this sale that exceed the amount Client owes to BOC.
- Freight shall be deemed earned on receipt of goods by Carrier, the goods lost or not lost, whether the freight is intended to be prepaid or collected at destination. Payment shall be in full and in cash without any offset, counterclaim, or deduction, in the currency named on the bill of lading, or another currency at Carrier's option. Client shall remain liable for all charges hereunder notwithstanding any extension of credit to the freight forwarder or broker by Carrier. Full freight shall be paid on damaged or unsound goods.
- Freight shall be payable, at Carrier’s option, on any applicable rate as set forth in Carrier’s applicable Tariff. Freight may be calculated on the basis of the description of the Goods furnished by Client, but Carrier may at any time, weigh, measure and value the Goods and open Packages to examine contents in case Client’s description is found to be erroneous and additional freight is payable. Client shall be liable for any additional freight and expense incurred in examining, weighing, measuring, fumigating and valuing the Goods. If Carrier agrees to "Freight Collect" terms, and so marks this document, Carrier acts as agent for shipper with respect to collection of freight and charges, costs of collection are for Client's account, Carrier assumes no risk of collection and shipper remains obligated to pay all freight and charges if Carrier is not able to collect the same from any party upon request, without necessity of resort to legal process. Client authorizes Carrier to endorse or negotiate drafts or checks drawn to the order of Client or its Subcontractor. Full freight to the place of delivery and all advance charges against the Goods shall be considered completely earned on receipt of the Goods by Carrier or by its Subcontractor, whether the freight or charges be prepaid or be stated or intended to be prepaid or to be collected at port of discharge or destination or subsequently, and Carrier shall be entitled absolutely to all freight and charges, whether actually paid or not, and to receive and retain them under all circumstances whatsoever, the Goods lost or not lost, or the voyage changed, broken up, frustrated or abandoned. Full freight shall be paid whether the Goods be damaged or lost, or Packages or customary freight units be empty or partly empty. Client shall be responsible for all freight and costs of returning Goods to point of origin or disposition and/or destruction of Goods if Goods are refused entry or unclaimed at destination.
Client agrees to indemnify and hold BOC harmless from any fines, penalties, claims or liability, arising from the importation, exportation or transportation of Client’s products, including Client’s conduct or incomplete or inaccurate information supplied to BOC, which causes such issue. Included in this section are reasonable attorney’s fees which BOC may incur due to these claims or actions.
- Record Keeping
Client understands and agrees that BOC has no obligation to maintain records on Client’s behalf.
- US Customs Actions / Licenses
- BOC will not take any actions with regards to filing US Customs entries, or filing any pre- or post-entry adjustments, without prior written request by Client, which BOC will confirm in writing. BOC will not perform other Customs-related duties, including filing protests or obtaining binding rulings, without prior written request by Client, which BOC will confirm in writing.
- BOC is not responsible for obtaining licenses for Client, or for determining the licensing body that may be involved with a shipment, unless requested to do so by Client, and BOC agrees, in writing.
- Modification / Severability of Agreement
- These Terms and Conditions may only be modified if BOC and Client agree, in writing.
- If BOC decides to waive any section of these Terms and Conditions, that waiver shall be a one-time waiver only, and shall not be deemed to waive any other section of these Terms and Conditions.
- If any section of these Terms and Conditions are found to be unenforceable by law, the remainder of these Terms and Conditions will remain fully valid and enforceable, excluding said unenforceable section.
- Force Majeure
Notwithstanding any applicable bill of lading or tariffs, to the extent BOC fails to meet any obligation imposed by these Terms and Conditions owing to Force Majeure, performance, to that extent, shall be deemed to have been frustrated and no cause of action for breach or liability shall arise as a consequence thereof. For the purposes of these Terms and Conditions, “Force Majeure” means and includes without reservation or restriction, strikes, lockouts, labor disputes or exceptional circumstances arising from the threat thereof; acts of God, State, or the public enemy, including but not limited to, war, terrorism, riots, civil disorder or insurrection, embargo or other disruption or interference with trade including without limitation any interference with land (including rail) or water transportation beyond BOC’s control; natural disaster, inclement weather, marine disaster, perils of the sea, including but not limited to, fire or other casualty which materially frustrates the ability of BOC to perform its duties.
- Law / Venue
The Terms and Conditions stated herein shall be interpreted according to the laws of the Commonwealth of Massachusetts. Client agrees that any action relating to the services provided by BOC will only be brought in the courts of Massachusetts, and consent to the exercise of jurisdiction by said courts.