TERMS & CONDITIONS
BEYOND BORDERS LOGISTICS (PRIVATE) LIMITED
TERMS AND CONDITIONS OF FREIGHT AND LOGISTICS SERVICES
These Terms and Conditions govern all logistics coordination and related services provided, arranged or coordinated by Purple Monkey Pvt Limited trading as Beyond Borders Logistics, referred to in these Terms as “BBL”, “we”, “us” or “our”, together with services performed through independent freight forwarders, carriers, warehouses, customs clearing agents, suppliers, procurement agents, transporters, delivery providers and other service partners.
By requesting a quotation, booking a Service, instructing BBL to proceed, making payment, delivering or causing Goods to be delivered to a BBL or Partner facility, authorising shipment, requesting BBL to coordinate any component of a transaction, collecting Goods, accepting Delivery or otherwise using a Service provided, arranged or coordinated by BBL, the Client agrees to be bound by these Terms.
These Terms apply whether or not the Client has physically or electronically signed them.
BBL may amend these Terms from time to time. Any additional, alternative or conflicting terms proposed by the Client shall not bind BBL unless expressly accepted in writing by a duly authorised BBL representative.
1. DEFINITIONS
For purposes of these Terms:
BBL: Beyond Borders Logistics.
Client / You: Any natural or juristic person who requests, books, instructs, pays for, receives or otherwise uses a Service provided, arranged or coordinated by BBL.
Goods / Cargo: Any parcels, products, machinery, equipment, materials, documents or other items submitted for procurement, sourcing, transportation, consolidation, warehousing, customs coordination, collection, Delivery or another Service coordinated by BBL.
Services: Any logistics-related service provided, arranged or coordinated by BBL, including freight coordination, transportation coordination, consolidation, warehousing, customs coordination, sourcing and procurement coordination, collection, Delivery, documentation and related logistics services.
Logistics Coordinator: BBL’s role in coordinating and managing components of a logistics, sourcing, procurement or supply-chain transaction through independent service providers.
Partner: Any independent freight forwarder, Carrier, airline, shipping line, warehouse, customs clearing agent, Supplier, procurement agent, transporter, courier, delivery provider, PUDO agent or other service provider engaged or coordinated by BBL.
Carrier: Any airline, shipping line, road transporter, courier, rail operator or other entity physically transporting Goods.
Supplier: Any manufacturer, seller, distributor, wholesaler, retailer or other party supplying Goods to the Client.
Consignee: The person or entity identified to receive Goods.
Shipment / Consignment: Goods handled as part of a particular logistics movement or transaction.
Acceptance of Goods: Signing for Goods, electronically confirming receipt, collecting or removing Goods from a warehouse or collection point, or taking possession of Goods following Delivery.
Declared Value: The value declared by the Client and supported by acceptable commercial evidence.
Client Documents: Documents which BBL expressly agrees to issue or provide as part of the particular Service purchased by the Client.
Internal Records: BBL’s internal commercial, operational, financial, management, personnel, investigation, security and communication records.
Third-Party Records: Information or documentation generated by, belonging to or received from a Partner, Supplier, Carrier, authority or other independent third party.
Destination Charges: Charges arising at or following destination, including customs, port, terminal, handling, storage, degrouping, documentation, Delivery and administrative charges where applicable.
Uninsured Goods: Goods for which the Client has not obtained adequate cargo insurance for the relevant logistics risks.
Outstanding Balance: Any invoiced or otherwise properly due amount owed to BBL for a Service provided, performed, arranged or coordinated by BBL, whether relating to the current Consignment, a previous Consignment or another transaction.
2. NATURE OF BBL’S SERVICES AND ROLE AS LOGISTICS COORDINATOR
2.1 BBL operates primarily as a Logistics Coordinator.
2.2 BBL coordinates different components of domestic and international logistics, procurement, sourcing and supply-chain transactions and may work with independent:
(a) freight forwarders;
(b) airlines;
(c) shipping lines;
(d) road transporters;
(e) warehouses;
(f) customs clearing agents;
(g) customs and regulatory authorities;
(h) Suppliers;
(i) procurement and sourcing agents;
(j) delivery providers;
(k) PUDO agents;
(l) couriers; and
(m) other service providers.
2.3 The Client acknowledges that a single Shipment may pass through several independent parties, facilities, jurisdictions and modes of transportation before reaching its final destination.
2.4 BBL does not physically perform every component of the logistics chain merely because the Client contracts with BBL to coordinate the transaction.
2.5 BBL may select, appoint, coordinate or replace Partners, routes, Carriers, transit points, warehouses, transport methods or service arrangements where operationally necessary.
2.6 BBL is not the manufacturer, Supplier, insurer, airline, shipping line, customs authority or other independent service provider merely because BBL coordinated that party’s involvement in the transaction.
2.7 Where BBL coordinates procurement or sourcing, BBL facilitates engagement with Suppliers but does not become the manufacturer of the Goods or automatically warrant their quality, performance or fitness for purpose.
2.8 Where BBL coordinates last-mile Delivery through an independent provider, BBL remains the Logistics Coordinator unless BBL expressly undertakes the relevant physical Delivery itself.
2.9 References in these Terms to Services provided by BBL include Services directly performed by BBL and Services arranged or coordinated by BBL through Partners, except where the context specifically distinguishes between them.
3. CLIENT RESPONSIBILITIES AND DECLARATIONS
3.1 The Client must provide complete, truthful and accurate information concerning the Goods and the Service required.
3.2 Depending upon the Goods and Service, the Client may be required to provide:
(a) accurate product descriptions;
(b) quantity;
(c) commercial value;
(d) commercial invoices;
(e) packing lists;
(f) actual or estimated weight and dimensions;
(g) permits and licences;
(h) tax documentation;
(i) consignee details;
(j) country of origin;
(k) battery information;
(l) dangerous-goods information;
(m) technical specifications;
(n) intended use; and
(o) any other information required to coordinate the transaction.
3.3 The Client warrants that information and documentation supplied by or on behalf of the Client is authentic, accurate and complete.
3.4 BBL is entitled to rely upon information supplied by the Client, the Client’s Supplier or an authorised representative without independently verifying every statement or document.
3.5 Where incorrect, incomplete, misleading or late information results in additional charges, storage, penalties, customs intervention, delays, rerouting, inspections, confiscation or other expenses, those costs shall be borne by the Client unless directly caused by BBL’s own established error.
3.6 The Client must disclose before Shipment whether Goods are fragile, high-value, hazardous, battery-powered, liquid, chemical, magnetic, temperature-sensitive, unusually shaped, restricted or otherwise require special handling.
3.7 Failure to disclose the true nature of Goods may result in refusal, delay, additional charges or other action necessary to manage the Goods.
4. CUSTOMS CLEARANCE, IMPORTS AND REGULATORY REQUIREMENTS
4.1 BBL may coordinate customs clearance and assist Clients with documentation and processes required for importation or exportation.
4.2 BBL or a designated Partner may prepare or submit documentation using information supplied by the Client.
4.3 The Client remains responsible for providing all commercial and regulatory documentation required for the Goods.
4.4 This may include:
(a) invoices;
(b) packing lists;
(c) tax clearance certificates;
(d) import permits;
(e) licences;
(f) conformity certificates;
(g) certificates of origin; and
(h) product-specific approvals.
4.5 Customs and regulatory authorities operate independently of BBL.
4.6 BBL does not determine or guarantee:
(a) customs valuation;
(b) tariff classification;
(c) duty assessment;
(d) customs uplift;
(e) inspection decisions;
(f) permit approval;
(g) exemption approval;
(h) confiscation decisions; or
(i) customs release times.
4.7 Additional costs arising from incorrect or incomplete Client documentation may be added to the Client’s account, including storage, customs charges, penalties, demurrage, detention, handling and administrative costs.
4.8 BBL may suspend clearance coordination where required information, documentation or payment remains outstanding.
5. CUSTOMS PHYSICAL EXAMINATION, OPENING OF PACKAGES AND RELATED RISKS
5.1 Physical Examination by Customs or Regulatory Authorities
5.1.1 Goods transported through international or cross-border logistics channels may be selected by customs, border, security or other regulatory authorities for physical examination.
5.1.2 Such physical examination may involve:
(a) opening cartons, parcels, crates or other packaging;
(b) breaking seals;
(c) removing Goods from packaging;
(d) unpacking Goods for inspection;
(e) weighing or measuring Goods;
(f) examining individual items;
(g) separating Goods from other items in the Shipment;
(h) temporarily removing Goods from the original package;
(i) repacking Goods after examination; and
(j) applying replacement seals, tape or other forms of closure.
5.1.3 The decision to inspect Goods, the timing of the examination, the manner in which the examination is conducted and the extent to which Goods are opened or handled are determined by the relevant authority and are not controlled by BBL.
5.1.4 BBL is therefore not required to obtain the Client’s prior approval before customs or another authorised authority opens or physically examines Goods.
5.2 Packaging Following Customs Examination
5.2.1 Packaging may not necessarily be returned to its original condition after physical examination.
5.2.2 Following examination, packaging may appear:
(a) opened;
(b) resealed;
(c) torn;
(d) cut;
(e) taped;
(f) compressed;
(g) deformed;
(h) weakened;
(i) repacked; or
(j) otherwise different from the condition in which it entered the examination process.
5.2.3 Such changes do not, by themselves, establish that BBL damaged, tampered with or improperly handled the Goods.
5.2.4 Where BBL becomes aware that Goods have been opened for physical examination, BBL shall, where reasonably practicable, inform the Client.
5.2.5 Where a parcel shows evidence of having been opened, resealed or affected by customs examination, the Client must inspect the Goods carefully before Acceptance.
5.3 Inspection by Client Following Customs Examination
5.3.1 Where the Client is informed that Goods were physically examined, or where packaging clearly shows evidence of having been opened or resealed, the Client must verify the Goods before removing them.
5.3.2 The Client should confirm:
(a) number of packages;
(b) apparent contents where reasonably capable of inspection;
(c) visible physical condition;
(d) obvious shortages;
(e) tampering;
(f) external damage; and
(g) other immediately identifiable discrepancies.
5.3.3 Any shortage, visible damage or discrepancy must be raised and recorded before the Goods are accepted or removed.
5.3.4 BBL or its representative must be given an opportunity to photograph, record, count, weigh or otherwise document the Goods before removal.
5.3.5 Where the Client accepts and removes Goods without recording an apparent discrepancy, the Acceptance provisions under these Terms apply.
5.4 Loss, Shortage or Damage During Customs Examination
5.4.1 Goods may, in some circumstances, be damaged, misplaced, mixed with other Goods, separated from their original package or otherwise become subject to an unexplained discrepancy during physical examination or related regulatory handling.
5.4.2 Where such an incident is suspected, BBL shall endeavour to investigate and may engage:
(a) customs authorities;
(b) customs clearing agents;
(c) freight forwarders;
(d) warehouses;
(e) Carriers;
(f) transit facilities; and
(g) other parties involved in the relevant stage of the logistics chain.
5.4.3 The Client may be required to provide Supplier invoices, packing lists, photographs, descriptions, serial numbers, proof of purchase or other information required to identify the affected Goods.
5.4.4 BBL shall endeavour to assist in tracing missing Goods or establishing what occurred but cannot guarantee that the precise cause will be identified or that Goods will be recovered.
5.4.5 The fact that Goods were subject to customs examination does not mean that BBL had physical control over the examination or can determine precisely what occurred during that process.
5.5 Liability Relating to Customs Examination
5.5.1 BBL is not the customs authority and does not control the physical examination process.
5.5.2 BBL shall not automatically be responsible for:
(a) damage occurring during customs examination;
(b) broken, removed, cut or deformed packaging;
(c) repacking after examination;
(d) Goods being mixed with other cargo;
(e) items misplaced during inspection;
(f) shortages arising during regulatory handling; or
(g) other loss or damage occurring while Goods are under customs or regulatory control.
5.5.3 Where credible evidence establishes that the loss or damage was caused by BBL’s own handling after the Goods returned to BBL’s direct control, the matter shall be assessed under the BBL-controlled loss provisions of these Terms.
5.5.4 Where Goods are lost, damaged or cannot be accounted for during customs physical examination or related regulatory handling, and recovery through the relevant authority or Partner is unsuccessful, compensation for Uninsured Goods shall be limited to up to twice the freight attributable to the affected Goods.
5.5.5 The Client shall not be entitled to require BBL to reimburse the full purchase price, retail value, Declared Value or replacement value of Uninsured Goods merely because the Goods were damaged, misplaced or became unaccounted for during customs examination.
5.5.6 Clients requiring protection against full commercial value during customs and third-party handling should obtain adequate cargo insurance.
6. RESTRICTED, PROHIBITED AND SPECIAL GOODS
6.1 The Client is responsible for ensuring that Goods submitted for transportation are permitted for transportation, export and import.
6.2 BBL will not knowingly accept prohibited Goods.
6.3 Restricted or specially regulated Goods must be disclosed before being sent to a warehouse.
6.4 Such Goods may include:
(a) hazardous materials;
(b) chemicals;
(c) batteries;
(d) liquids;
(e) powders;
(f) magnets;
(g) medical products;
(h) weapons;
(i) narcotics or illegal drugs;
(j) counterfeit Goods; and
(k) other Goods restricted by Carriers or authorities.
6.5 Where the Client fails to disclose the true nature of Goods, the Client bears resulting costs, penalties, storage, delays and other consequences attributable to that non-disclosure.
7. BATTERY GOODS AND SPECIAL CARGO
7.1 Batteries and battery-powered Goods are subject to Carrier, aviation, shipping, customs and other transportation requirements.
7.2 Depending upon the Goods and route, BBL may require documentation including:
(a) MSDS;
(b) UN38.3 Test Reports;
(c) Air Transport Safety Condition Identification Reports;
(d) battery specifications;
(e) dangerous-goods declarations; and
(f) other documentation required by the applicable Partner.
7.3 Receipt of battery Goods at a warehouse does not guarantee acceptance by an airline or other Carrier.
7.4 Carriers may change, suspend or withdraw acceptance of battery Goods.
7.5 Where this occurs, BBL may coordinate alternative routing or transportation where available. Additional charges may apply.
7.6 BBL does not compensate for delays caused by Carrier or regulatory restrictions applicable to battery or special cargo.
8. COUNTERFEIT, IMITATION AND ILLEGAL GOODS
8.1 The Client shall not knowingly submit counterfeit, imitation, stolen, infringing or illegal Goods.
8.2 Where Goods are seized, detained, confiscated or destroyed because of their unlawful or restricted nature, BBL shall not compensate the Client for the value of the Goods.
8.3 Costs incurred in dealing with such Goods may be charged to the Client.
8.4 The Client remains responsible for declarations made concerning authenticity, origin and nature of the Goods.
9. PACKAGING, WATERPROOFING AND PROTECTION OF GOODS
9.1 The Client is responsible for ensuring that Goods are adequately packaged for the intended transportation method.
9.2 International and consolidated logistics may involve repeated loading, unloading, stacking, movement, consolidation, palletisation, customs inspection and transfer between facilities.
9.3 Standard packaging supplied by a Supplier may not necessarily be sufficient for international freight.
9.4 Fragile, high-value, irregular, shape-sensitive, moisture-sensitive or otherwise vulnerable Goods should receive appropriate protective packaging.
9.5 Protective measures may include:
(a) wooden crates;
(b) pallets;
(c) reinforced cartons;
(d) waterproof wrapping;
(e) protective cases;
(f) cushioning; and
(g) other packaging appropriate to the Goods.
9.6 The Client may arrange protective packaging directly with the Supplier or request BBL to coordinate additional packaging through a Partner where available and at an additional cost.
9.7 Where Goods require shape preservation, the Client must specifically request suitable protective packaging.
9.8 Goods may be exposed to moisture or environmental conditions during transportation. Waterproof or moisture-resistant packaging should therefore be used where Goods are vulnerable to moisture.
9.9 BBL does not accept responsibility for damage resulting from inadequate, inappropriate or defective packaging supplied or approved by the Client or Supplier.
9.10 Concealed and Internal Damage
9.10.1 Goods may pass through the Supplier, origin courier, Partner warehouse, freight forwarder, Carrier, transit facility, customs authority, destination warehouse and delivery provider before reaching the Client.
9.10.2 Where external packaging shows no visible indication of damage but internal damage is discovered after Acceptance of Goods, the point at which such damage occurred may no longer be capable of reliable determination.
9.10.3 Concealed damage may have occurred:
(a) before the Supplier dispatched the Goods;
(b) during Supplier handling;
(c) between the Supplier and origin warehouse;
(d) during consolidation;
(e) during loading;
(f) while under Carrier control;
(g) at a transit facility;
(h) during customs handling;
(i) during warehousing; or
(j) at another point within the logistics chain.
9.10.4 BBL therefore does not accept liability for concealed or internal damage merely because BBL coordinated the transaction.
9.10.5 Where concealed damage is discovered after Acceptance of Goods, responsibility shall only be considered against BBL where credible evidence specifically establishes that the damage was caused by BBL’s own handling or conduct while the Goods were under BBL’s direct control.
9.10.6 Manufacturing defects, Supplier defects, pre-existing damage, inadequate Supplier packaging and internal product defects are not BBL’s responsibility.
10. INSPECTION OF GOODS
10.1 BBL and its Partners may open, scan, weigh, measure, photograph or inspect Goods where necessary for transportation, customs, security, consolidation, verification or operational purposes.
10.2 Such inspection does not constitute certification of the internal condition, completeness, functionality, quality or suitability of the Goods.
10.3 Unless the Client specifically purchases an inspection service, neither BBL nor its Partner is required to open every package and verify every item received from the Supplier.
10.4 Receipt of a sealed or packaged Consignment at an origin warehouse ordinarily confirms receipt of the package and does not necessarily confirm every item contained within it.
10.5 BBL is not responsible for failing to identify concealed defects during ordinary warehouse receipt.
11. PRICING, QUOTATIONS AND RATE ACCEPTANCE
11.1 Prices advertised on BBL’s website, WhatsApp, social media, WeChat or other platforms are indicative unless expressly confirmed for the Client’s particular Goods.
11.2 Pricing may vary according to:
(a) commodity;
(b) actual weight;
(c) volumetric weight;
(d) dimensions;
(e) CBM;
(f) packaging;
(g) origin and destination;
(h) route;
(i) Carrier;
(j) customs requirements;
(k) exchange rates;
(l) fuel costs;
(m) seasonal demand;
(n) cargo classification; and
(o) other transportation costs.
11.3 Clients should obtain a quotation before committing Goods where price certainty is required.
11.4 Quotations are based upon information available at the time they are issued.
11.5 Where actual Goods differ from the description, weight, dimensions, quantity, classification or other information upon which a quotation was based, BBL may adjust the applicable charges.
11.6 By proceeding after receiving a confirmed quotation, the Client accepts the applicable charges.
11.7 Unless expressly stated otherwise, a quotation does not include unforeseen customs assessments, storage, demurrage, detention, inspections, special handling or other costs arising after quotation.
12. COST ESCALATION AND ADDITIONAL CHARGES
12.1 Logistics costs may change because of currency movements, fuel costs, Carrier surcharges, port charges, customs charges, government charges, route changes, seasonal capacity or other external factors.
12.2 Where additional costs arise in connection with a Client’s transaction, those costs may be passed to the Client.
12.3 BBL shall endeavour to communicate material additional charges where reasonably practicable.
12.4 Such charges remain payable notwithstanding that the Goods have already departed, arrived or entered customs processing.
12.5 A Client’s decision not to proceed with a later stage of a transaction does not extinguish costs already incurred or Services already discharged.
13. PAYMENT OBLIGATIONS AND ACCOUNT BALANCES
13.1 The Client is responsible for paying all amounts arising from any Service provided, performed, arranged or coordinated by BBL.
13.2 Payment obligations are not limited to the Client’s current Consignment.
13.3 The Client’s account may include amounts arising from:
(a) the current Consignment;
(b) previous Consignments;
(c) freight coordination;
(d) customs coordination;
(e) duties and taxes;
(f) warehousing;
(g) storage;
(h) handling;
(i) Delivery;
(j) procurement or sourcing coordination;
(k) documentation;
(l) degrouping;
(m) demurrage;
(n) detention;
(o) additional packaging;
(p) relocation;
(q) third-party charges incurred or advanced by BBL;
(r) recovery costs;
(s) administrative charges; and
(t) any other Service provided, performed, arranged or coordinated by BBL.
13.4 Where BBL has discharged, performed, arranged or coordinated a Service or component of a transaction and has raised an invoice for that Service, the invoiced amount forms part of the Client’s account with BBL.
13.5 Unless credit terms or another arrangement have expressly been approved by BBL, the Client must settle all amounts due before Goods or releasable documentation are released.
13.6 Payment of charges specifically relating to a new Consignment does not entitle the Client to release of that Consignment where an Outstanding Balance remains from an earlier Consignment or Service.
13.7 The Client must therefore settle the Client’s outstanding account balance before collecting or receiving subsequent Goods.
13.8 BBL may require full payment, prepayment, a deposit or another financial arrangement before commencing or continuing Services.
13.9 Payment is complete only when funds have been received and verified by BBL.
13.10 A screenshot, bank transfer instruction, payment advice, mobile-money confirmation or other evidence that payment has been initiated does not oblige BBL to release Goods before receipt has been verified.
13.11 Where payment is reversed, recalled, charged back, dishonoured or otherwise not received, the relevant amount remains immediately due.
14. NO SET-OFF, WITHHOLDING OR DEDUCTION
14.1 A complaint, claim, alleged loss, damage, delay, dispute or pending investigation does not suspend the Client’s payment obligations.
14.2 The Client may not withhold payment because the Client believes BBL owes compensation.
14.3 The Client may not independently deduct an alleged repair cost, replacement cost, refund, compensation claim, damages claim or other disputed amount from an amount due to BBL.
14.4 Services already rendered remain payable.
14.5 Claims and payment obligations shall be dealt with separately.
14.6 The Client must settle amounts properly due and pursue any alleged claim through BBL’s complaints and claims process.
14.7 Investigation of a complaint does not suspend payment.
14.8 Where BBL subsequently accepts liability and approves compensation, that compensation shall be processed separately.
14.9 Any credit, set-off, deduction or refund against an Outstanding Balance must be expressly authorised by BBL.
15. RIGHT OF RETENTION OVER GOODS, CARGO AND DOCUMENTATION
15.1 Where BBL has provided, performed, arranged or coordinated any Service for or on behalf of the Client and an amount relating to that Service has been invoiced and remains outstanding, BBL may retain Goods or cargo of that Client which are in BBL’s possession, custody or control, or within a transaction being coordinated by BBL, until the Outstanding Balance has been settled.
15.2 This right applies whether the outstanding amount relates to:
(a) the particular Consignment being retained;
(b) a previous Consignment;
(c) another Shipment;
(d) customs coordination;
(e) warehousing or storage;
(f) transportation;
(g) last-mile Delivery;
(h) procurement or sourcing coordination;
(i) freight coordination;
(j) documentation;
(k) handling;
(l) degrouping;
(m) destination charges;
(n) third-party charges; or
(o) another Service discharged by BBL.
15.3 It is not necessary for the outstanding invoice to arise from the same Goods or Consignment being retained.
15.4 Where BBL has performed or coordinated a component of a transaction and has raised an invoice for that Service, the Client must settle that invoice in accordance with the applicable payment terms.
15.5 Where the Client subsequently ships another Consignment, BBL may retain the subsequent Consignment until the previous Outstanding Balance has been settled, notwithstanding that all charges specifically relating to the subsequent Consignment have been paid.
15.6 The Client may not require BBL to separate individual Consignments, Services or invoices for purposes of cargo release while an overdue account balance remains.
15.7 BBL may also suspend or withhold:
(a) offloading;
(b) collection;
(c) Delivery;
(d) release authorisation;
(e) clearance instructions;
(f) shipment documentation controlled by BBL;
(g) releasable clearance documentation;
(h) further Shipment processing; and
(i) additional Services,
until the Outstanding Balance has been settled.
15.8 Where BBL has paid, advanced or become liable to pay a Partner in connection with a Service requested by the Client, the corresponding amount remains payable by the Client.
15.9 Release of Goods on a previous occasion despite an Outstanding Balance does not create a precedent, credit arrangement, waiver or continuing entitlement.
15.10 Where Goods or documentation are released because of administrative error, operational error or unauthorised instruction, the underlying debt remains payable.
15.11 Storage, handling, demurrage, detention and other applicable charges may continue to accrue while Goods are retained.
15.12 BBL may suspend further bookings and Services while an Outstanding Balance remains overdue.
16. COLLECTION AND DELIVERY REQUIREMENTS
16.1 Goods shall not ordinarily be released until applicable account, identification and release requirements have been satisfied.
16.2 BBL may require Consignment or container reference, collection number, consignee’s full name, telephone number, identification and evidence of collection authority.
16.3 Changes to consignee or collection information must be communicated before collection or Delivery.
16.4 BBL may refuse release where the identity or authority of the person seeking collection cannot reasonably be verified.
16.5 Where Delivery is required, the Client must provide accurate Delivery information.
16.6 Additional charges arising from incorrect addresses, unavailable recipients, failed Delivery attempts or Client-requested redirection may be added to the Client’s account.
16.7 Where loading equipment, including a forklift, is required, applicable service charges may apply.
17. ACCEPTANCE, RECEIPT AND INSPECTION UPON COLLECTION OR DELIVERY
17.1 The Client or authorised recipient is required to inspect the external condition of the Goods and confirm the number of packages before accepting or removing them.
17.2 Signing for Goods, electronically confirming receipt, collecting the Goods, removing them from a warehouse or collection point, or taking possession following Delivery constitutes Acceptance of Goods.
17.3 Acceptance without a recorded objection confirms that the packages released were received and that no externally visible loss, shortage, tampering or damage was identified at the time of Acceptance.
17.4 Visible damage, shortages, tampering, torn packaging, crushed packaging, missing packages or other apparent discrepancies must be identified and recorded before the Goods are accepted or removed.
17.5 Where such an issue is identified, the Client must allow BBL or the relevant representative an opportunity to inspect, photograph, record, weigh, count or otherwise document the Goods before they are removed.
17.6 BBL does not accept liability for externally visible damage, package shortages or external discrepancies first reported after the Goods have been accepted and removed.
17.7 Concealed or internal damage discovered after Acceptance is governed by Clause 9.10.
17.8 Acceptance does not prevent a Client from raising an issue which the Client can credibly establish was caused by BBL’s own conduct, but the burden of supporting such an allegation remains with the Client.
18. STORAGE AND WAREHOUSING
18.1 For air freight, the first three (3) days from notification that Goods are ready for collection are free.
18.2 For sea freight, the first five (5) days from notification that Goods are ready for collection are free.
18.3 Thereafter, unless another rate has been communicated:
Air Freight: USD $3 per day.
Sea Freight: USD $5 per day.
18.4 Storage continues to accrue until Goods are collected, delivered, transferred or disposed of under these Terms.
18.5 Storage charges continue where Goods cannot be released because the Client has failed to settle an Outstanding Balance.
18.6 BBL may relocate Goods to an alternative storage facility where operationally necessary.
18.7 Transfer, handling and third-party warehousing charges arising from relocation may be added to the Client’s account.
18.8 The fact that storage charges eventually exceed the original Freight Charges or value of the Goods does not by itself extinguish accrued storage obligations.
19. UNCOLLECTED, UNPAID AND ABANDONED GOODS
19.1 Clients must collect Goods promptly after notification that they are ready.
19.2 Where Goods remain unpaid or uncollected, BBL may continue charging storage, relocate the Goods, transfer them to another storage facility, suspend Services, retain related documentation, pursue recovery of the Outstanding Balance and/or initiate disposal.
19.3 Goods may be treated as abandoned where the Client fails to collect them, settle amounts due, provide necessary instructions or meaningfully respond to BBL’s attempts to resolve the matter.
19.4 BBL shall make reasonable attempts to contact the Client using contact information available to BBL before treating ordinary Goods as abandoned.
19.5 Failure by the Client to receive a notification because contact information has changed does not relieve the Client of the responsibility to maintain current contact details with BBL.
19.6 All charges accruing before disposal remain part of the Client’s account.
20. DISPOSAL OF UNCOLLECTED, UNPAID OR ABANDONED GOODS
20.1 Where Goods remain uncollected, abandoned or subject to an Outstanding Balance after the applicable notification and retention process, BBL may dispose of the Goods.
20.2 BBL shall make reasonable attempts to notify the Client through available contact details before disposal.
20.3 Depending upon the circumstances, disposal may include sale, destruction, recycling, donation, transfer, abandonment to an appropriate facility or another method BBL considers appropriate.
20.4 BBL is not required to dispose of Goods at their purchase price, Declared Value, replacement value, retail value or perceived market value.
20.5 Disposal is undertaken principally to clear uncollected Goods, mitigate continuing storage exposure and recover amounts owed to BBL.
20.6 BBL is not acting as the Client’s auctioneer, sales agent or broker when disposing of Goods under this Clause.
20.7 Amounts recovered may be applied against Freight Charges, customs charges, storage, handling, relocation, Partner charges, disposal expenses, recovery costs and other amounts outstanding on the Client’s account.
20.8 Where disposal does not recover the full Outstanding Balance, the remaining balance continues to be payable by the Client.
20.9 BBL does not guarantee that disposal will recover the amount owed.
20.10 Disposal of Goods does not automatically extinguish the Client’s debt.
20.11 The Client shall not be entitled to demand compensation based on the original value or perceived market value merely because Goods were disposed of following the Client’s failure to satisfy payment or collection obligations.
21. SHIPPING, TRANSIT AND DELIVERY TIMELINES
21.1 All transit, arrival, customs, collection and Delivery timelines are estimates unless expressly confirmed otherwise.
21.2 Transit times may be affected by consolidation requirements, Carrier schedules, flight availability, vessel schedules, customs, port congestion, inspections, weather, public holidays, strikes, route changes, government intervention, border disruptions and other factors within the logistics chain.
21.3 BBL shall endeavour to communicate material delays once reliable information becomes available.
21.4 BBL does not compensate Clients for shipping, transit, customs or Delivery delays.
21.5 BBL does not compensate for business consequences arising from delays, including lost sales, lost profits, missed contracts, loss of customers, penalties imposed by the Client’s customers, business interruption or loss of anticipated income.
21.6 A delay does not entitle the Client to withhold amounts due for Services already performed.
22. AIR FREIGHT CHARGES
22.1 Air freight charges are calculated using actual weight or volumetric weight, whichever is greater, unless the Goods are subject to a commodity-specific, product-specific, classification-specific or per-item rate.
22.2 Volumetric Weight Formula
Length (cm) × Width (cm) × Height (cm) ÷ 6000
Example:
60 cm × 50 cm × 40 cm ÷ 6000 = 20 kg volumetric weight
Where actual weight is 14 kg, the chargeable weight is 20 kg.
Where actual weight is 25 kg, the chargeable weight is 25 kg.
22.3 Minimum Chargeable Weight
The minimum chargeable weight for consolidated air freight is 1 kg.
A Shipment weighing less than 1 kg is charged as 1 kg.
22.4 Rounding Policy
Weights between 0.1 kg and 0.4 kg above the base whole kilogram are rounded upward to the nearest 0.5 kg.
Examples:
1.3 kg → 1.5 kg
2.2 kg → 2.5 kg
Weights between 0.6 kg and 0.9 kg above the base whole kilogram are rounded upward to the next full kilogram.
Examples:
7.8 kg → 8 kg
11.7 kg → 12 kg
22.5 Cargo Classification and Separate Rating
22.5.1 Air freight is charged according to the relevant classification, category, handling requirement and transportation restriction applicable to the Goods.
22.5.2 Goods belonging to different categories may attract different rates even where they:
(a) belong to the same Client;
(b) are delivered to the warehouse together;
(c) form part of the same overall Consignment; or
(d) are transported during the same freight movement.
22.5.3 Categories may include, without limitation:
(a) normal or general cargo;
(b) battery Goods;
(c) tablets and other electronic devices;
(d) liquids;
(e) chemicals;
(f) sensitive cargo;
(g) specialised cargo; and
(h) other commodity-specific classifications.
22.5.4 Where the Client submits Goods falling within more than one category, BBL may weigh, classify, calculate and invoice each category separately using the applicable rate for that category.
22.5.5 The Client may not assume that all Goods will be aggregated and charged at one rate merely because the Goods belong to the same Client or form part of the same Consignment.
22.5.6 For example, where a Client has 10 kg of general cargo and 5 kg of battery Goods, BBL may charge the 10 kg at the applicable general cargo rate and the 5 kg separately at the applicable battery rate. The Client may not require the combined 15 kg to be charged at the general cargo rate.
22.5.7 Where volumetric weight applies, BBL may calculate chargeable weight separately for each relevant classification before applying the applicable category rate.
22.5.8 BBL may also separate Goods for routing, documentation, packaging, Carrier acceptance or compliance purposes where their classification requires different handling.
22.6 Depending upon the Service and route, consolidated air freight charges may include packing, shipping, customs duties, destination charges and administration.
22.7 Clients should confirm the inclusions applicable to their particular quotation.
23. SEA FREIGHT CHARGES
23.1 Consolidated sea freight is generally calculated according to the volume occupied by the Goods, subject to cargo classification, density, actual weight and the applicable rate structure.
23.2 CBM Formula
Length × Width × Height in metres
23.3 Depending upon the type, category, density and nature of the Goods, sea freight may be charged:
(a) per CBM;
(b) per item;
(c) per kilogram;
(d) according to actual weight; or
(e) according to another commodity-specific charging method applicable to the Goods.
23.4 Actual Weight and Heavy Cargo
23.4.1 The Client acknowledges that sea freight is not always charged solely according to CBM.
23.4.2 Where Goods are unusually dense or heavy relative to the volume they occupy, BBL may calculate the freight charges according to actual weight, a weight-based rate, or another heavy-cargo rate instead of applying the ordinary CBM rate.
23.4.3 This may apply to Goods including, but not limited to:
(a) ceramic tiles and floor tiles;
(b) steel rods;
(c) iron rods;
(d) metal poles;
(e) steel sections;
(f) metal products;
(g) dense construction materials;
(h) machinery;
(i) industrial equipment; and
(j) other Goods whose actual weight is disproportionately high compared with the physical volume occupied.
23.4.4 The fact that Goods occupy a relatively small CBM does not entitle the Client to insist that the Goods be charged exclusively according to volume where their weight, density or handling requirements justify a different rate.
23.4.5 BBL may therefore compare the volume, actual weight, commodity classification and handling requirements of the Goods and apply the charging method applicable to that particular cargo.
23.4.6 Where a Carrier, freight forwarder, warehouse or other Partner applies a heavy-cargo surcharge, weight restriction, floor-loading restriction or other density-related charge, the corresponding charge may be passed to the Client.
23.4.7 Where necessary, heavy Goods may also require different loading, packaging, palletisation, lifting, container positioning or handling arrangements, and any related costs may be charged separately.
23.5 Rate Inclusions
Depending upon the quotation, sea freight charges may include:
(a) loading;
(b) freight;
(c) customs duties;
(d) port charges;
(e) destination charges; and
(f) administration.
23.6 The minimum chargeable volume for consolidated sea freight is 0.1 CBM where the Goods are being charged according to CBM.
23.7 Goods measuring less than 0.1 CBM will ordinarily be billed as 0.1 CBM where the applicable charging method is volume-based.
23.8 Cargo Classification and Separate Rating
23.8.1 Sea freight charges may vary according to the type, category, classification, density, customs treatment and handling requirements of the Goods.
23.8.2 Goods belonging to different categories may attract different freight rates even where they:
(a) belong to the same Client;
(b) arrive at the warehouse together;
(c) are loaded into the same consolidated container; or
(d) form part of the same overall Consignment.
23.8.3 Physical consolidation of Goods into one container does not mean that all Goods will be commercially rated as one category.
23.8.4 BBL may measure, weigh, classify and charge each category separately according to the applicable rate.
23.8.5 For example, where a Client has:
* 0.7 CBM of general or normal Goods; and
* 1.6 CBM of clothing,
BBL may charge the 0.7 CBM at the applicable general cargo rate and the 1.6 CBM at the applicable clothing rate.
23.8.6 The Client may not combine the two categories into 2.3 CBM and require BBL to apply one rate to the combined volume where the categories attract different rates.
23.8.7 Separate classifications may include, without limitation:
(a) general cargo;
(b) clothing and textiles;
(c) machinery;
(d) electronics;
(e) furniture;
(f) vehicle parts;
(g) ceramic products;
(h) tiles;
(i) steel, iron and metal products;
(j) liquids;
(k) chemicals;
(l) fragile cargo;
(m) heavy cargo;
(n) specialised cargo; and
(o) other commodity-specific classifications.
23.8.8 Classification is determined according to the nature, weight, density and volume of the Goods, together with applicable operational requirements, Partner or Carrier requirements and the rate structure applicable to the Service.
23.8.9 Where Goods in one Consignment fall into more than one classification, BBL may issue separate calculations or invoice line items for each classification.
23.9 The Client must confirm before Shipment whether specialised clearance, degrouping, heavy-cargo handling or documentation requirements apply.
24. FULL CONTAINER LOAD (FCL) SERVICES
24.1 BBL coordinates FCL transactions through freight forwarders, shipping lines, clearing agents, transporters and other Partners.
24.2 Depending upon the agreed scope, BBL may coordinate:
(a) space booking;
(b) origin logistics;
(c) container loading;
(d) freight;
(e) port handling;
(f) customs coordination;
(g) destination transportation; and
(h) offloading.
24.3 The Client remains responsible for providing accurate commercial invoices, packing lists, permits, certificates, tax documentation and other required import documentation.
24.4 Additional customs, demurrage, detention, port, storage, handling or transport charges may be added to the Client’s account where applicable.
24.5 Payment Before Offloading, Release and Documentation
BBL shall not be required to offload a container, release Goods, permit collection, authorise Delivery, issue release instructions or release documentation controlled by BBL until the Client’s applicable Outstanding Balance has been fully settled.
24.6 This includes previous Outstanding Balances on the Client’s account and is not restricted only to the FCL Consignment concerned.
24.7 Where payment delays cause demurrage, detention, storage, transport or handling costs, those additional costs shall be payable by the Client.
24.8 Alternative arrangements only apply where expressly authorised by BBL.
25. BILLS OF ENTRY, DEGROUPING AND CLEARANCE DOCUMENTATION
25.1 Goods shipped under consolidated or groupage arrangements may be cleared under consolidated documentation.
25.2 Clients using standard consolidated Services do not automatically receive an individual bill of entry.
25.3 Where an individual bill of entry is required, the Client must request the applicable degrouping or individual clearance arrangement before the relevant operational cut-off.
25.4 The Client may be required to provide:
(a) commercial invoice;
(b) packing list;
(c) valid tax clearance;
(d) permits;
(e) licences;
(f) duty and tax arrangements; and
(g) other relevant import documentation.
25.5 Failure to satisfy these requirements may prevent individual clearance.
25.6 Where self-clearance is available, document release, handling, degrouping or administrative charges may apply.
25.7 Any requirement for special documentation must be communicated before loading or commencement of the relevant clearance process.
25.8 BBL does not guarantee that documentation which was not requested as part of the original Service can subsequently be generated after clearance has already been completed.
26. CLIENT DOCUMENTATION ENTITLEMENTS
26.1 The Client is entitled to documentation which BBL expressly agreed to provide as part of the particular Service purchased.
26.2 Depending upon the Service, Client Documents may include BBL quotations, invoices, receipts, Client statements, Delivery documentation, Shipment summaries, individual bills of entry where specifically arranged and other documentation expressly included within the Service.
26.3 The Client’s use of BBL’s Services does not automatically create an entitlement to every record generated within the logistics transaction.
26.4 Payment for a logistics coordination Service does not automatically entitle the Client to obtain BBL’s internal costing, Partner pricing, margins, Partner contracts, internal correspondence, third-party commercial documentation or other records not expressly included within the Service.
26.5 Raising a complaint or dispute does not by itself create an automatic entitlement to such records.
26.6 Where the Client requests documentation outside the scope of the Service originally purchased, BBL may determine whether the requested documentation can be provided and whether additional administrative or third-party charges apply.
26.7 BBL may withhold releasable documentation controlled by BBL while an Outstanding Balance remains unpaid, except where a disclosure obligation cannot be withheld.
27. INTERNAL, CONFIDENTIAL AND THIRD-PARTY RECORDS
27.1 BBL’s Internal Records and commercially sensitive information remain confidential.
27.2 Unless BBL determines disclosure is appropriate or disclosure is required through an applicable mandatory process, the Client is not automatically entitled to:
(a) internal emails;
(b) internal WhatsApp communications;
(c) employee communications;
(d) internal management reports;
(e) internal investigation reports;
(f) disciplinary records;
(g) staff information;
(h) internal costing structures;
(i) profit margins;
(j) Partner agreements;
(k) freight-forwarder agreements;
(l) Supplier agreements;
(m) Carrier agreements;
(n) third-party invoices;
(o) Partner invoices;
(p) confidential quotations;
(q) internal risk assessments;
(r) legal advice;
(s) privileged communications;
(t) raw CCTV footage;
(u) security records;
(v) information concerning other Clients; or
(w) other commercially sensitive records.
27.3 A Client may request information necessary to understand the outcome of a complaint, but BBL may provide a summary, finding, explanation or relevant extract rather than the underlying confidential record.
27.4 BBL may redact information relating to employees, Partners, other Clients or commercially sensitive arrangements.
27.5 Nothing in this Clause requires BBL to disclose information merely because the Client demands it where that information does not form part of the Client’s contractual documentation entitlement.
28. CCTV, PHOTOGRAPHS AND OPERATIONAL RECORDS
28.1 BBL and its Partners may maintain operational evidence including CCTV, photographs, parcel images, warehouse logs, weight records, scans, tracking information, proof of Delivery and system records.
28.2 Such records may be used for security, operational management, verification, claims assessment and dispute investigation.
28.3 The existence of a record does not automatically create a Client entitlement to the raw record.
28.4 BBL may review such evidence internally and communicate relevant findings to the Client.
29. ELECTRONIC COMMUNICATIONS AND INSTRUCTIONS
29.1 BBL may communicate with Clients through WhatsApp, email, SMS, telephone, automated systems, online platforms and other official communication channels.
29.2 Instructions received through contact details supplied by the Client may be treated as authorised instructions.
29.3 Clients are responsible for notifying BBL when their authorised contacts or contact details change.
29.4 BBL may rely on instructions which reasonably appear to originate from the Client or an authorised representative.
29.5 Automated updates and system notifications are provided for operational convenience and may subsequently be updated as further information becomes available.
30. AUTHORITY OF EMPLOYEES, ACCOUNT MANAGERS AND REPRESENTATIVES
30.1 BBL employees and Account Managers may coordinate ordinary operational matters and communicate Shipment information within their assigned responsibilities.
30.2 Unless specifically authorised by BBL management, an employee, Account Manager, agent, Partner or representative may not:
(a) admit legal liability on behalf of BBL;
(b) waive an Outstanding Balance;
(c) promise compensation;
(d) agree to a refund;
(e) settle a claim;
(f) vary these Terms;
(g) guarantee customs clearance;
(h) guarantee a transit time;
(i) waive storage or other charges; or
(j) enter into an exceptional commercial arrangement binding BBL.
30.3 Any such arrangement must be confirmed by an appropriately authorised BBL representative.
30.4 An apology, acknowledgement, customer-service response, proposed solution or attempt to assist does not constitute an admission of liability.
30.5 An unauthorised representation by an employee does not automatically amend these Terms.
31. COMPLAINTS AND INVESTIGATIONS
31.1 BBL shall receive and investigate legitimate complaints.
31.2 A complaint, allegation or demand does not establish BBL’s liability.
31.3 BBL must be afforded a reasonable opportunity to investigate the circumstances before responsibility or compensation is determined.
31.4 BBL may obtain information from any relevant participant in the logistics chain, including Suppliers, warehouses, freight forwarders, Carriers, customs authorities, clearing agents, transporters, delivery providers and BBL personnel.
31.5 The Client must provide reasonable evidence requested for the investigation.
31.6 BBL may consider:
(a) warehouse records;
(b) photographs;
(c) weights;
(d) packaging condition;
(e) Carrier records;
(f) Delivery evidence;
(g) Supplier records;
(h) CCTV where available; and
(i) other relevant evidence.
31.7 The fact that BBL investigates a matter does not constitute acceptance of responsibility.
31.8 Where evidence does not establish where a loss or damage occurred, BBL shall not automatically be presumed responsible merely because BBL coordinated the transaction.
32. NO ADMISSION OF LIABILITY
32.1 None of the following, by itself, constitutes an admission of liability:
(a) acknowledging a complaint;
(b) apologising for inconvenience;
(c) retrieving Goods;
(d) attempting to locate Goods;
(e) requesting photographs;
(f) requesting repair or replacement quotations;
(g) discussing repair;
(h) discussing replacement;
(i) contacting a Partner;
(j) opening an investigation;
(k) requesting evidence;
(l) discussing possible solutions;
(m) making a goodwill proposal; or
(n) participating in settlement discussions.
32.2 Responsibility is determined after consideration of the evidence, circumstances and applicable provisions of these Terms.
33. CLAIMS PROCESS
33.1 Claims must be submitted through BBL’s designated complaints channel.
33.2 Visible damage, tampering, shortages or external discrepancies must be identified and recorded before Acceptance of Goods.
33.3 BBL does not operate a general concealed-damage compensation process for damage first discovered after Acceptance.
33.4 Where concealed damage is subsequently alleged, BBL will only consider responsibility where credible evidence establishes that the damage resulted from BBL’s own handling or conduct while the Goods were under BBL’s direct control.
33.5 Claims should, where applicable, include:
(a) Shipment reference;
(b) BBL invoice;
(c) Supplier invoice;
(d) proof of payment;
(e) photographs;
(f) video evidence;
(g) packaging;
(h) serial numbers;
(i) weight information;
(j) Delivery documentation;
(k) Supplier records; and
(l) other evidence relevant to the allegation.
33.6 The Client must preserve Goods, packaging and relevant evidence where a claim is being investigated.
33.7 BBL may decline a claim where evidence is insufficient to establish the alleged event or BBL’s responsibility.
33.8 Properly documented claims accepted for investigation shall ordinarily be processed within fifteen (15) working days after required information has been received.
33.9 Claims involving independent Partners, Carriers, authorities or overseas investigations may take longer.
34. CHAIN OF CUSTODY AND DETERMINATION OF RESPONSIBILITY
34.1 The Client acknowledges that Goods may pass through several independent participants.
A typical chain may include:
Supplier → Origin Courier → Partner Warehouse → Freight Forwarder → Carrier → Transit Facility → Customs → Destination Warehouse → Delivery Provider → Client.
34.2 The precise chain differs depending upon the Service and route.
34.3 Where loss, shortage or damage is alleged, responsibility depends upon available evidence identifying where the relevant event occurred.
34.4 A Supplier’s statement or dispatch record does not automatically establish the internal contents or condition of a sealed package received at a Partner warehouse.
34.5 Similarly, a Carrier’s Delivery record does not necessarily establish the internal condition of Goods where packaging remains sealed and undamaged.
34.6 Where evidence establishes that a loss or damage occurred through BBL’s own handling, BBL shall assess responsibility accordingly.
34.7 Where evidence establishes Supplier short-supply, incorrect Goods, manufacturing defects or pre-existing damage, the Client must pursue the Supplier.
34.8 Where the point of loss or damage cannot reasonably be established, responsibility shall not automatically be attributed to BBL merely because BBL coordinated the Shipment.
35. SUPPLIER ERRORS, PROCUREMENT AND PRODUCT QUALITY
35.1 BBL is not the manufacturer or seller of Goods merely because BBL coordinated sourcing or procurement.
35.2 Unless expressly included within a separately agreed inspection or procurement scope, BBL does not guarantee:
(a) product quality;
(b) fitness for purpose;
(c) authenticity;
(d) Supplier performance;
(e) manufacturing quality;
(f) specification compliance; or
(g) after-sales support.
35.3 BBL is not responsible for incorrect Goods supplied, Supplier short-supply, incorrect sizes, incorrect colours, manufacturing defects, pre-existing damage, poor quality, non-functioning Goods, differences between advertising and Goods supplied or Supplier fraud, unless responsibility arises directly from a specific obligation BBL expressly undertook.
35.4 Where BBL coordinates sourcing or procurement, the Client must review and approve relevant product specifications, quotations and Supplier information where requested.
35.5 Procurement coordination fees relate to the Service performed by BBL and do not convert BBL into the manufacturer or Supplier.
36. INSURANCE AND OWNER’S RISK
36.1 Freight Charges and logistics coordination charges are not cargo insurance.
36.2 BBL does not automatically insure Goods merely because BBL coordinates their procurement, transportation, warehousing, customs clearance or Delivery.
36.3 Clients are strongly advised to obtain cargo insurance, particularly for:
(a) phones;
(b) laptops;
(c) televisions;
(d) electronics;
(e) fragile Goods;
(f) machinery;
(g) specialised equipment;
(h) high-value Goods; and
(i) Goods whose loss or damage would create material financial exposure.
36.4 Insurance may be arranged independently through the Client’s Supplier, insurer or another provider.
36.5 Where the Client elects to ship without insurance, the Goods travel at the Client’s own risk, subject only to any limited compensation expressly provided under these Terms.
36.6 A Client who chooses not to insure Goods accepts that BBL does not become the insurer of those Goods.
36.7 The Client therefore cannot assume that BBL will reimburse the full purchase price, Declared Value, retail value or replacement value of Uninsured Goods.
36.8 Where the Client requires protection against the full commercial value of Goods, appropriate insurance should be obtained before Shipment.
37. LIABILITY AND COMPENSATION
37.1 BBL’s responsibility for alleged loss or damage must be established from available evidence.
37.2 The mere fact that Goods are missing, damaged, defective or delayed does not automatically establish BBL’s liability.
37.3 Liability shall be considered having regard to:
(a) where the event occurred;
(b) who had control of the Goods;
(c) packaging;
(d) insurance;
(e) available evidence;
(f) Client declarations;
(g) Supplier conduct; and
(h) any other relevant circumstances.
37.4 Loss at Origin Partner Warehouse
37.4.1 Where Goods are confirmed as having been received into the designated Partner warehouse and are subsequently established as lost while under that warehouse’s control, BBL shall coordinate the applicable claim process.
37.4.2 The Client must provide supporting evidence including Supplier invoice, proof of purchase and other reasonably requested information.
37.4.3 Where recovery cannot be obtained and the Goods are uninsured, compensation may be limited to the applicable freight-based compensation provided under these Terms.
37.5 Carrier, Transit, Customs and Partner Losses
37.5.1 Where Goods are lost or damaged while under the control of an independent Carrier, freight forwarder, transit facility, customs authority or other Partner, BBL shall coordinate or assist with the relevant claim process where a claim is available.
37.5.2 BBL does not guarantee that the third party will accept or settle the claim.
37.5.3 Where the matter qualifies under BBL’s uninsured-cargo compensation arrangement, compensation shall be limited to up to twice the freight attributable to the affected Goods, rather than their commercial or replacement value.
37.6 BBL-Controlled Loss or Damage
37.6.1 Where credible evidence establishes that Goods were directly lost or damaged through BBL’s own handling while under BBL’s direct control, BBL shall assess the claim according to the circumstances, evidence, packaging, insurance position, Declared Value and any contributory conduct.
37.6.2 BBL shall not be presumed responsible merely because BBL coordinated the transaction.
37.7 Uninsured Goods
37.7.1 For Uninsured Goods, BBL does not automatically assume liability for the full commercial, purchase or replacement value.
37.7.2 Where freight-based compensation applies, compensation shall be calculated by reference to the freight attributable to the affected Goods and shall not exceed the applicable limit provided under these Terms.
37.8 Compensation shall not place the Client in a better financial position than if the loss had not occurred.
37.9 Any Supplier refund, Carrier settlement, insurance payment or other recovery relating to the same Goods shall be taken into account.
37.10 BBL may require the Client to cooperate with recovery action against a responsible third party where compensation has already been paid.
38. INDIRECT AND CONSEQUENTIAL LOSS
38.1 BBL does not compensate for indirect or consequential commercial losses arising from a Shipment or Service.
38.2 These include:
(a) lost profits;
(b) lost sales;
(c) lost contracts;
(d) loss of customers;
(e) reputational loss;
(f) business interruption;
(g) penalties imposed by the Client’s customers;
(h) missed opportunities;
(i) loss of anticipated income; and
(j) similar consequential losses.
38.3 The Client is responsible for managing its own commercial commitments to customers and other third parties.
38.4 A Client should not make time-critical or value-critical commercial commitments based solely upon an estimated shipping timeline.
39. RETURNING RESIDENTS AND SPECIAL EXEMPTIONS
39.1 Clients seeking returning-resident status or another customs exemption must disclose this before Shipment.
39.2 Required supporting documentation must be supplied within the applicable clearance timeframe.
39.3 Failure to disclose the status or provide documents may result in ordinary customs procedures being applied.
39.4 BBL does not guarantee approval of an exemption.
39.5 Customs assessments remain decisions of the relevant authority.
40. FORCE MAJEURE AND EVENTS OUTSIDE BBL’S CONTROL
40.1 BBL is not responsible for delay or failure arising from circumstances outside BBL’s reasonable control.
40.2 Such circumstances may include:
(a) natural disasters;
(b) floods;
(c) storms;
(d) earthquakes;
(e) war;
(f) civil unrest;
(g) terrorism;
(h) government intervention;
(i) sanctions;
(j) border closures;
(k) epidemics;
(l) pandemics;
(m) lockdowns;
(n) strikes;
(o) port congestion;
(p) customs delays;
(q) Carrier cancellations;
(r) flight disruptions;
(s) vessel delays; and
(t) comparable events.
40.3 BBL shall endeavour to coordinate reasonable alternatives where commercially and operationally practicable.
40.4 Amounts already incurred or due for Services already performed remain payable.
41. RECOVERY OF OUTSTANDING AMOUNTS
41.1 BBL may pursue recovery of amounts properly due.
41.2 The Client remains responsible for the Outstanding Balance notwithstanding:
(a) a complaint;
(b) pending investigation;
(c) retention of Goods;
(d) disposal of Goods;
(e) suspension of Services; or
(f) termination of the relationship.
41.3 BBL may suspend further Services while an account remains overdue.
41.4 Partial payment does not extinguish the remaining balance.
41.5 Where BBL incurs reasonable collection, tracing, storage, administrative or legal recovery costs in pursuing an overdue account, such recoverable costs may be added to the Client’s account.
41.6 Disposal of Goods does not prevent BBL from pursuing any balance remaining after amounts recovered from disposal have been credited to the Client’s account.
42. FRAUDULENT, MISLEADING OR EXAGGERATED CLAIMS
42.1 Clients must submit claims honestly and accurately.
42.2 Evidence supplied in support of a claim must be genuine.
42.3 BBL may reject a claim where evidence establishes that the claim is fraudulent, intentionally misleading or materially exaggerated.
42.4 Suspected fraud or criminal conduct may be referred to the appropriate authorities.
42.5 Submission of a false claim does not extinguish amounts owed to BBL.
43. CONFIDENTIALITY
43.1 BBL and the Client shall take reasonable steps to protect confidential information obtained through their commercial relationship.
43.2 Because BBL operates as a Logistics Coordinator, information may need to be shared with relevant freight forwarders, Carriers, warehouses, clearing agents, customs authorities, Suppliers, procurement agents, insurers, payment providers, professional advisers, transporters and delivery providers.
43.3 Sharing information necessary to coordinate the Client’s transaction does not require BBL to obtain a separate NDA from every participant in the logistics chain.
43.4 Confidentiality obligations do not prevent disclosures required for operational, regulatory, claims, professional-advisory or dispute-resolution purposes.
44. PERSONAL INFORMATION AND DATA
44.1 BBL may collect and process information necessary to coordinate Services.
44.2 This may include names, identification information, telephone numbers, email addresses, Delivery addresses, payment information, Consignment details and consignee information.
44.3 Information may be shared with Partners where necessary to perform the relevant Service.
44.4 The Client confirms that the Client has authority to provide contact and identification information relating to consignees and authorised representatives.
44.5 BBL shall maintain reasonable measures for protecting personal information in its possession.
45. INTELLECTUAL PROPERTY
45.1 BBL’s trademarks, logos, website content, systems, designs, documents and proprietary materials remain BBL’s intellectual property or that of the applicable rights holder.
45.2 Such materials may not be reproduced or commercially exploited without permission.
46. CLIENT NAME, LOGO, CASE STUDIES AND MARKETING USAGE
46.1 By accepting these Terms and using BBL’s Services, the Client authorises BBL to use the Client’s business name, trading name, logo, brand identifiers and other publicly identifiable business information for BBL’s legitimate marketing, promotional, corporate-profile and business-development purposes.
46.2 This authorisation includes use in:
(a) BBL company profiles;
(b) capability statements;
(c) proposals;
(d) presentations;
(e) pitch decks;
(f) websites;
(g) social-media platforms;
(h) brochures;
(i) advertisements;
(j) case studies;
(k) client lists;
(l) award submissions;
(m) business-development material; and
(n) other BBL corporate or promotional communication.
46.3 BBL may identify the Client as a current or previous Client and may make factual reference to Services, projects, routes, industries, cargo types or transactions undertaken for the Client, provided that BBL does not intentionally disclose information classified as confidential under these Terms.
46.4 BBL may use photographs or video relating to Goods, cargo movements, loading, transportation, warehousing, Delivery, projects or other operational activity connected with the Client where such use does not disclose confidential commercial information or sensitive personal information.
46.5 BBL may develop anonymised or identified case studies relating to Services performed for the Client and may refer to the nature, scope, route, cargo category, logistical challenge and solution provided by BBL.
46.6 The Client’s acceptance of these Terms constitutes sufficient authorisation for the uses described in this Clause, and BBL is not required to obtain separate prior approval for each individual use.
46.7 Where the Client has independently provided BBL with a testimonial, review, feedback statement, recommendation or other endorsement, BBL may reproduce or adapt that material for marketing and promotional purposes, provided that the substance of the Client’s statement is not materially misrepresented.
46.8 BBL shall not fabricate a testimonial, quotation or endorsement and attribute it to the Client where the Client did not provide or approve the substance of that statement.
46.9 BBL shall not use the Client’s name, logo or brand in a manner that falsely suggests a partnership, joint venture, sponsorship or endorsement beyond the actual commercial relationship between the parties.
46.10 Where BBL uses Client information for marketing purposes, BBL may continue to retain historic references to completed projects, transactions or Client relationships in archived company profiles, case studies and previously published material after the commercial relationship has ended.
46.11 Nothing in this Clause requires BBL to remove previously published material merely because the Client relationship subsequently comes to an end, unless BBL determines that removal is appropriate or is required through an applicable mandatory process.
47. THIRD-PARTY PLATFORMS AND SERVICES
47.1 BBL may coordinate or refer Clients to third-party payment platforms, tracking platforms, Supplier platforms, Carrier systems and other digital services.
47.2 BBL does not control the independent operation, availability or security of such platforms.
47.3 The Client may be subject to the third party’s own terms when using those services.
48. BREACH
48.1 Material breach by the Client may include:
(a) non-payment;
(b) false declarations;
(c) fraudulent conduct;
(d) submission of illegal Goods;
(e) material misrepresentation;
(f) misuse of BBL’s Services;
(g) failure to provide required documentation; or
(h) conduct materially exposing BBL or its Partners to financial, safety, operational or regulatory risk.
48.2 Following material breach, BBL may:
(a) suspend Services;
(b) retain Goods;
(c) retain releasable documentation;
(d) refuse new bookings;
(e) pursue outstanding amounts;
(f) dispose of Goods in accordance with these Terms; and/or
(g) terminate the commercial relationship.
48.3 Exercise of one remedy does not necessarily prevent BBL from exercising another available remedy.
49. SUSPENSION AND TERMINATION
49.1 BBL may suspend a Service where:
(a) payment remains outstanding;
(b) required documentation remains outstanding;
(c) Goods present an unacceptable safety or regulatory risk;
(d) fraud is reasonably suspected;
(e) Client instructions are incomplete; or
(f) continued performance creates material commercial or operational risk.
49.2 Either party may terminate an ongoing commercial relationship, subject to completion or settlement of obligations already incurred.
49.3 Termination does not extinguish:
(a) Outstanding Balances;
(b) storage charges;
(c) existing claims;
(d) confidentiality obligations;
(e) recovery rights; or
(f) obligations which arose before termination.
50. NO THIRD-PARTY RIGHTS
50.1 These Terms govern the relationship between BBL and the Client.
50.2 The Client’s customers, buyers, Suppliers, agents or other third parties do not acquire contractual rights against BBL merely because the Client used BBL’s Services to perform an obligation to them.
50.3 Any promise made by the Client to the Client’s own customer regarding price, Delivery date, condition, resale or another commercial matter remains the Client’s responsibility unless BBL expressly accepted that obligation.
51. GOVERNING LAW AND DISPUTE RESOLUTION
51.1 These Terms are governed by the laws of Zimbabwe.
51.2 Where a dispute arises, the Client should first use BBL’s internal complaints and escalation process so that the matter can be investigated and an attempt made to resolve it commercially.
51.3 Where the dispute cannot be resolved internally, either party may pursue the dispute through the appropriate Zimbabwean dispute-resolution forum.
51.4 The existence of a dispute does not suspend undisputed payment obligations.
52. MANDATORY RIGHTS
52.1 These Terms are intended to define the commercial allocation of responsibilities and risks between BBL and the Client.
52.2 Nothing in these Terms is intended to remove a right or obligation which the parties cannot validly exclude by agreement.
52.3 Where a mandatory requirement applies to a particular transaction, it shall prevail only to the extent necessary in relation to that transaction.
52.4 All remaining provisions of these Terms continue to apply.
53. SEVERABILITY
53.1 If any provision of these Terms is found invalid or unenforceable, that finding does not invalidate the remaining provisions.
53.2 The remaining provisions shall continue to apply independently.
54. WAIVER, INDULGENCE AND PRECEDENT
54.1 A failure or delay by BBL in enforcing a right does not constitute permanent waiver of that right.
54.2 Where BBL grants additional time for payment, temporarily waives storage, accepts partial payment, releases Goods despite an Outstanding Balance, assists a Client beyond the contractual requirement or grants another commercial indulgence, that action applies to the particular circumstances only.
54.3 Such an indulgence does not create a precedent, continuing entitlement or amendment of these Terms.
54.4 BBL may enforce the relevant contractual requirement in a subsequent transaction.
55. PARTNERS, SUBCONTRACTORS AND SERVICE PROVIDERS
55.1 The Client authorises BBL, in its capacity as Logistics Coordinator, to engage and coordinate independent Partners where necessary to perform the Services.
55.2 BBL is not required to obtain separate Client approval every time an operational Partner, Carrier, warehouse, transporter or route is selected or changed in the ordinary course of coordinating a Shipment.
55.3 Partners may operate under their own transportation, security, customs, warehouse or operational requirements.
55.4 BBL may replace a Partner or alter an operational arrangement where reasonably necessary to continue or improve the Service.
56. VARIATION OF THESE TERMS
56.1 BBL may amend these Terms from time to time.
56.2 A Client-specific variation must be expressly approved by an authorised BBL representative.
56.3 Informal statements by employees, Account Managers, Partners, delivery personnel or other representatives do not amend these Terms.
56.4 A commercial concession made in one transaction does not automatically vary these Terms for future transactions.
57. ENTIRE CONTRACTUAL FRAMEWORK
57.1 These Terms, together with the applicable quotation, invoice, booking confirmation and any specifically agreed written commercial arrangement, constitute the contractual framework governing the relevant Services.
57.2 Where a specific written agreement expressly varies these Terms for a particular transaction, the specific agreed provision shall apply to that transaction.
57.3 Marketing material, social-media posts, advertisements and general promotional information are not contractual guarantees unless expressly incorporated into a confirmed agreement or quotation.
58. CUSTOMER SERVICE, COMPLAINTS AND ESCALATION
58.1 Clients should initially raise operational enquiries with their designated Account Manager or through an official BBL communication channel.
58.2 Where a matter has not been satisfactorily addressed, the Client may escalate it through BBL’s designated complaints process.
58.3 The Client must provide sufficient information to allow BBL to investigate the matter.
58.4 BBL may request supporting documentation or evidence relevant to the complaint.
58.5 An escalation does not constitute an admission that BBL or a Partner has failed in its obligations.
58.6 BBL’s response to a complaint may communicate findings without requiring BBL to disclose confidential Internal Records or Third-Party Records.
59. FINAL ACKNOWLEDGMENT AND ACCEPTANCE
By requesting a quotation, booking a Service, making payment, instructing BBL to proceed, delivering or causing Goods to be delivered to a BBL or Partner facility, authorising BBL to coordinate any part of a transaction, collecting Goods, accepting Delivery or otherwise using BBL’s Services, the Client acknowledges and accepts that:
1. BBL operates primarily as a Logistics Coordinator and works through independent freight forwarders, Carriers, warehouses, clearing agents, Suppliers, delivery providers and other Partners.
2. A logistics transaction may involve multiple independent participants and stages.
3. Goods may be opened and physically examined by customs or other regulatory authorities without prior approval from the Client.
4. Packaging may be opened, resealed, damaged, deformed or repacked during customs physical examination and this does not automatically establish BBL liability.
5. Where Goods are opened for customs examination, the Client must inspect the Goods carefully before accepting and removing them.
6. Freight Charges and logistics coordination charges are not cargo insurance.
7. Goods shipped without insurance travel at the Client’s own risk, subject to the limited compensation expressly provided under these Terms.
8. BBL does not automatically assume responsibility for the full commercial or replacement value of Uninsured Goods.
9. Where qualifying loss occurs during Carrier, Partner, transit or customs handling and the Goods are uninsured, applicable compensation may be limited to up to twice the freight attributable to the affected Goods.
10. Shipping, customs, transit and Delivery timelines are estimates and BBL does not compensate for delays.
11. The Client is responsible for accurate declarations, appropriate packaging and required documentation.
12. Visible damage, shortages, tampering and external discrepancies must be identified and recorded before the Goods are accepted or removed.
13. Signing, electronic confirmation, collection, removal from a warehouse or taking possession following Delivery constitutes Acceptance of Goods.
14. BBL does not operate a general concealed-damage compensation process after Acceptance of Goods.
15. Air and sea freight may be charged according to separate cargo categories or classifications, and Goods forming part of one Consignment do not automatically attract the same freight rate.
16. Physical consolidation of Goods does not require BBL to commercially rate all Goods as one category.
17. A complaint, allegation, investigation, apology or attempt to assist does not establish or constitute an admission of liability.
18. Payment obligations remain separate from claims and complaints.
19. A Client may not unilaterally set off an alleged claim against amounts due to BBL.
20. Where BBL has provided, performed, arranged or coordinated a Service and an amount for that Service remains outstanding, BBL may retain subsequent Goods or cargo under BBL’s control even where those Goods relate to a different Consignment.
21. Payment of a new Consignment does not entitle the Client to release of that Consignment where an earlier Outstanding Balance remains unpaid.
22. BBL may retain releasable documentation controlled by BBL while an applicable Outstanding Balance remains unpaid.
23. FCL cargo may be withheld from offloading, release, collection or documentation release until the applicable Client account has been settled.
24. The Client is entitled to documentation forming part of the Service purchased but is not automatically entitled to BBL’s confidential Internal Records, commercial information or Third-Party Records.
25. Goods remaining unpaid, uncollected or abandoned may be disposed of following the process contained in these Terms.
26. BBL is not required to obtain the Client’s purchase price, replacement value or perceived market value when disposing of such Goods.
27. Disposal does not extinguish any balance remaining due after amounts recovered have been credited.
28. BBL employees and Account Managers cannot independently admit liability, waive charges, promise compensation or vary these Terms unless appropriately authorised.
29. These Terms apply whether or not the Client has physically or electronically signed them.