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When utilising the services of BookingFreight, you, as the "Shipper," consent, on your own behalf and on behalf of the consignee of the Shipment ("Consignee") and any other relevant party, to the application of these Terms and Conditions.
"Shipment" refers to all documents or parcels transported under a single waybill and may be conveyed by any means chosen by BookingFreight, including air, road, or other carriers. A "waybill" encompasses any Shipment identifier or document generated by BookingFreight or its nominated carrier or Shipper automated systems, such as labels, barcodes, waybills, or consignment notes, as well as any electronic version thereof.
Each Shipment is transported on a limited liability basis as outlined herein. If the Shipper requires enhanced protection, insurance could be arranged at an additional cost (please refer below for further details). "BookingFreight" refers to any member of the BookingFreight Network or its nominated carrier.
Customs Clearance and Regulatory Compliance
BookingFreight or its nominated carrier may undertake any of the following activities on behalf of the Shipper or Consignee to facilitate services: (1) completion of any necessary documents, modification of product or service codes, and payment of any applicable Customs Duties, (2) acting as the Shipper's or Consignee's lawful agent or appointing a customs broker to handle export control and customs clearance, and (3) redirecting the Shipment to the Consignee's customs broker or alternative address upon request from any party deemed by BookingFreight, in its reasonable judgment, to be authorized. The Shipper or Consignee shall provide any additional authorization required by applicable law for BookingFreight to clear a Shipment.
Unacceptable Shipments
A Shipment is considered unacceptable if:
Deliveries and Undeliverables
Shipments cannot be directed to PO boxes or postal codes. Shipments are delivered to the address provided by the Shipper for the Consignee, but not necessarily to the named Consignee in person. Shipments to addresses with a central receiving area will be directed to that area. BookingFreight may inform the Consignee of an upcoming delivery or a missed delivery. The Consignee may be presented with alternative delivery options, such as delivery on another day, no-signature-required delivery, redirection, or collection at a BookingFreight Service Point.
If the Shipment is considered unacceptable as described above, if it has been undervalued for customs purposes, if the Consignee cannot be reasonably identified or located, or if the Consignee refuses delivery or payment of Customs Duties or other Shipment charges, BookingFreight or its nominated carrier will make reasonable efforts to return the Shipment to the Shipper. This will be at the Shipper's expense. If it is not feasible to return the Shipment, it may be released, abandoned, disposed of, or sold without incurring any liability to the Shipper or any other party. BookingFreight or its nominated carrier reserves the right to destroy any Shipment if prevented by law or law enforcement agencies from returning it to the Shipper, as well as any Shipment of Dangerous Goods.
Inspection
BookingFreight and/or its nominated carrier reserves the right to open and inspect a Shipment without prior notice for safety, security, customs, or other regulatory reasons.
Shipment Charges, Duties, and Fees
The Shipment charges of BookingFreight are calculated based on the higher of actual or volumetric weight per piece. BookingFreight may re-weigh and re-measure any piece to confirm this calculation. Consignees may be required to pay Customs Duties and other charges as indicated on BookingFreight's website in the receiving country prior to delivery. This includes a fee if BookingFreight utilizes its credit with Customs Authorities or pays any Customs Duties on behalf of the Consignee. The Shipper shall pay or reimburse BookingFreight for all Customs Duties and other charges due for services provided or incurred by BookingFreight on behalf of the Shipper or Consignee if the Consignee fails to pay.
BookingFreight's Liability
BookingFreight's and/or its nominated carrier liability for any single Shipment transported by air is limited by applicable conventions or regulations. For cross-border Shipments transported by road, BookingFreight's and/or its nominated carrier liability is limited by the Convention for the International Carriage of Goods by Road (CMR) or applicable national transport law. If the Shipper deems these limits insufficient, it must make a special declaration of value and request insurance or make its own insurance arrangements. BookingFreight's and/or its nominated carrier liability is strictly limited to direct loss and damage to the Shipment and is subject to per kilogram limits. All other types of loss or damage are excluded.
BookingFreight and all its partners will endeavor to deliver the Shipment according to its regular delivery schedules, but these schedules are not binding and do not form part of the contract. BookingFreight is not liable for any damages or losses caused by delays. Certain Shipments may be eligible for limited delay compensation under the nominated carrier's Money Back Guarantee terms and conditions, which are available on the respective carrier's websites.
Claims
All claims must be submitted in writing to BookingFreight within thirty (30) days from the date of acceptance of the Shipment. Failure to do so will result in BookingFreight having no liability. Claims are limited to one claim per Shipment, and settlement of the claim will be final.
Shipment Insurance
BookingFreight may arrange insurance for loss of or damage to the Shipment upon the Shipper's written instruction and payment of the applicable premium. Shipment insurance does not cover indirect loss or damage or loss or damage caused by delays.
Circumstances Beyond BookingFreight's (and/or its nominated carrier) Control
BookingFreight is not liable for any loss or damage arising from circumstances beyond its control, including but not limited to electrical or magnetic damage, defects related to the nature of the Shipment, acts or omissions by third parties, cyber-attacks, or "Force Majeure" events.
Circumstances Beyond BookingFreight's (and/or its nominated carrier) Control
BookingFreight is not liable for any loss or damage arising from circumstances beyond its control, including but not limited to electrical or magnetic damage, defects related to the nature of the Shipment, acts or omissions by third parties, cyber-attacks, or "Force Majeure" events.
Shipper's Representations, Warranties, and Indemnities
The Shipper shall indemnify and hold BookingFreight harmless from any liabilities arising from the Shipper's failure to comply with certain warranties and representations, including compliance with export control, sanctions, customs laws, and regulations.
Routing
The Shipper agrees to all routing and diversion, including the possibility of intermediate stops.
Governing Law
Any disputes arising under these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of the country of origin of the Shipment, governed by the law of that country.
Severability
The ineffectiveness or unenforceability of any provision shall not impact the remaining stipulations of these Terms and Conditions.
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