Introduction
These Business Terms & Conditions (“Terms & Conditions”) constitute a legally binding agreement between B.I.M. Logistics Co., Ltd. (“Company”) and the customer (“Customer”). By requesting or accepting services from B.I.M. Logistics, the Customer agrees to the following Terms & Conditions.
1. Definitions
- Company: Refers to B.I.M. Logistics Co., Ltd., including its affiliates, subsidiaries, and related entities.
- Customer: Any person or entity for whom the Company provides services, including shippers, consignees, agents, or representatives.
- Goods: The cargo received by the Company for transportation, storage, or other services.
- Shipping Documents: Documents issued by the Company evidencing receipt or shipment of Goods, such as bills of lading, waybills, or forwarder’s cargo receipts.
- Third Parties: External service providers engaged by the Company, such as carriers, customs brokers, and warehouse operators.
- Services: Includes freight forwarding, logistics management, shipping consulting, and related activities provided by the Company.
2. Responsibilities of the Customer
2.1 Documentation and Information:
The Customer must provide accurate and timely documentation for the Goods, including invoices, customs forms, and descriptions. The Customer indemnifies the Company for any costs arising from false or misleading information.
2.2 Compliance with Laws:
The Customer must comply with all applicable laws, including export/import regulations, customs procedures, and anti-corruption laws. This includes proper classification and marking of Goods.
2.3 Packing and Labeling:
The Customer is responsible for ensuring Goods are properly packed and labeled. The Company is not liable for damages resulting from inadequate packing or labeling.
2.4 Dangerous Goods:
The Customer must inform the Company of any dangerous Goods and ensure compliance with all regulations. The Customer is fully liable for any loss or damage caused by such Goods.
3. Responsibilities of B.I.M. Logistics
3.1 Standard of Care:
The Company will exercise reasonable care in handling, transporting, and storing Goods.
3.2 Limitation of Liability:
The Company’s liability for loss or damage to Goods is limited to the period during which the Goods are under its sole custody and control. Liability is further limited to the declared value of Goods or as governed by applicable law.
3.3 Third-Party Selection:
The Company may engage Third Parties to provide Services. These Third Parties act as agents of the Customer, and the Company is not liable for their actions unless caused by the Company’s negligence.
3.4 Exclusions of Liability:
The Company is not liable for:
- Indirect or consequential damages (e.g., lost profits).
- Acts of God, war, or force majeure events.
- Delays in transportation.
- Insufficient packing or labeling.
- The inherent nature of Goods (e.g., perishability).
4. Tariffs, Invoices, and Payments
4.1 Tariffs:
The Company’s charges are based on its standard tariffs unless otherwise agreed in writing.
4.2 Invoicing:
Invoices will be issued upon service completion and must be paid within 30 days of issuance unless otherwise agreed.
4.3 Late Payments:
Unpaid balances will accrue interest at [insert rate] per month. Non-payment may result in suspension of services or enforcement of the Company’s lien on Goods.
4.4 Payment Methods:
The Company accepts payments via [bank transfer, credit card, etc.].
5. General Lien
The Company has a general lien on all Goods in its possession for unpaid charges. If payment is not received within a specified period, the Company may sell the Goods to recover costs, subject to applicable laws.
6. Indemnification
The Customer agrees to indemnify and hold the Company harmless from any claims, losses, or damages arising from:
- Breach of these Terms & Conditions.
- Non-compliance with laws or regulations.
- Customer’s negligence or willful misconduct.
7. Insurance
The Customer is responsible for obtaining insurance for Goods. The Company is not obligated to insure Goods unless explicitly agreed in writing.
8. Customs Brokerage
The Company will assist with customs clearance based on documents provided by the Customer. Delays or fines arising from inaccurate or incomplete documentation are the Customer’s responsibility.
9. Force Majeure
The Company and Customer are excused from obligations due to events beyond their reasonable control, including but not limited to natural disasters, wars, strikes, or government actions.
10. Time Bar for Claims
Claims for loss or damage must be submitted in writing within:
- 14 days from delivery for initial notice.
- 90 days for formal claims.
11. Dispute Resolution
11.1 Governing Law:
These Terms & Conditions are governed by the laws of [insert jurisdiction].
11.2 Arbitration:
Any disputes arising under these Terms & Conditions shall be resolved through binding arbitration in [insert location].
12. Confidentiality
The Company agrees to keep the Customer’s information confidential and comply with applicable data protection laws.
13. Updates to Terms
The Company reserves the right to update these Terms & Conditions without prior notice. Continued use of the Company’s services constitutes acceptance of the updated Terms.