BBS TRANSPORT TERMS AND CONDITIONS
"Shipment" refers to all documents, goods, or packages that are transported by any means chosen by BBS, including air, land, or any other carrier, under the coverage of a Waybill, also referred to as "WB - waybill." The "WB - waybill" shall encompass any Shipment identifier or document produced by BBS or the Sender/BBS automated system, such as a label, barcode, waybill, as well as any electronic version thereof. All Shipments are carried under limited liability, as established herein. If the Sender/BBS opts for additional protection, they must arrange for Additional Shipment Protection.
1 - Customs Clearance and Regulatory Compliance
BBS TRANSPORT may undertake the following activities on behalf of the Recipient in order to provide its services: (1) fill out documents, modify product or service codes, and provide advance payment of taxes or other customs duties required by applicable laws and regulations ("Duties"), (2) act as representative / legal agent of the Sender/BBS or the Recipient, or appoint a customs broker for customs and export purposes, and (3) redirect the Shipment to the Recipient according to the address indicated by the customs broker or any other authorized person. The Sender/BBS or Recipient must provide any additional authorization required by applicable law for BBS to release the Shipment.
2 - Undelivered Shipments
Shipments cannot be delivered to P.O. boxes or postal outlets. Shipments will be delivered to the Recipient's address provided by the Sender/BBS, but not necessarily to the Recipient in person. Shipments destined for central receiving areas will be delivered to these areas. BBS may provide notice of an upcoming delivery or delivery attempt. The Recipient may be offered alternative delivery options, such as next-day delivery without a signature, redirection, or collection at one of BBS's service points. If the Shipment is deemed unacceptable under Section 2, undervalued for customs purposes, if the Recipient cannot be reasonably identified or located, or if the Recipient refuses to receive the Shipment or pay customs duties and/or other charges on the Shipment, BBS will make reasonable efforts for return, and refunds will NOT be possible. If returning the Shipment is not feasible, it may be abandoned, destroyed, discarded, or sold without incurring any liability to BBS. BBS shall have the right to destroy any Shipment if prevented by law or any law enforcement agency from returning it.
3 - Shipping Rates, Duties and Tariffs
BBS shipping rates are calculated based on the actual or volumetric weight of the piece, whichever is greater. BBS may reweigh and re-measure any piece to confirm this calculation. The Recipient may be required to pay customs duties and other charges as indicated on the BBS website of the receiving country before delivery. This includes a fee in the event BBS uses its credit with Customs Authorities or pays customs duties in advance on behalf of the Recipient. If the Recipient does not pay, the goods may be destroyed or returned, and refunding the paid amount may not be possible.
4 - BBS's Obligations
BBS's liability for any Shipment transported by air (including auxiliary road transport or stops in transit) is limited by the Montreal Convention or the Warsaw Convention, as applicable, or in the absence of such Conventions, to the lesser of: (i) the current market value or the declared value or (ii) Special Drawing Rights per kilogram (approximately USD 30.00 per kilogram). These limits also apply to any other mode of transport, except when Shipments have been transported exclusively by road, in which case the limits set below shall apply. For international Shipments transported by road, BBS's liability is considered limited by the Convention on the Contract for the International Carriage of Goods by Road (CMR) to the lesser of: (i) the current market value or the declared value or (ii) 8.33 Special Drawing Rights per kilogram (approximately USD 11.00 per kilogram). These limits also apply to domestic road transport of goods. BBS's liability is strictly limited to direct loss and damage to the Shipment and the kilogram limits specified in this Section 4. Any other indirect or consequential loss or damage (including but not limited to loss of profits, income, interest, future business, loss of earnings, and consequential damages) are excluded, even if BBS has been warned about the risk of such loss or damage.
BBS will use reasonable efforts to deliver the Shipment according to BBS's standard delivery times, but these delivery times are non-binding and not part of the contract. BBS is not responsible for losses or damages caused by delay.
5 - Claims
All claims must be submitted in writing to the BBS vendor within thirty (30) days after BBS accepts the Shipment; otherwise, BBS will have no liability. Claims are limited to one per Shipment, and the settlement will be final and complete for all losses or damages related to it.
6 - Additional Shipment Protection
BBS may provide additional protection to cover the declared value of the Shipment in case of loss, theft, or damage, provided that the customer instructs BBS in writing, including completing the Additional Shipment Protection section on the Waybill or using the systems made available by BBS and paying the applicable fee. This protection does not cover indirect losses or damages or losses or damages caused by delays, as outlined in Section 6 above. The compensation for Additional Shipment Protection is limited to the declared value of the Shipment or the Invoice, whichever is lower. Contracting this protection does not provide coverage for indirect damages, nor reimbursement of any taxes due or paid by the Recipient or interested third party. For used Shipments, the Parties acknowledge that there will be no compensation in case of damage during transport, only in cases of loss and/or theft.
7 - Circumstances Beyond BBS's Control
BBS is not responsible for any loss or damage beyond its control. This includes but is not limited to: electrical, magnetic, or image alteration, data or electronic or photographic record changes; any defect or characteristic related to the nature of the Shipment, even if known to BBS; any act or omission by anyone not employed or contracted by BBS, e.g., recipient, third party, customs agent, or government authorities; cyberattacks on third parties or other information security threats; "Force Majeure," e.g., earthquake, cyclone, storm, flood, fog, war, aircraft accident, seizure, riot, epidemic, pandemic, civil commotion, or strike, etc.
8 - Sender's Representations, Warranties and Indemnification
The Recipient shall indemnify and hold harmless BBS, its directors, employees, and agents from any damage or loss arising from the failure to comply with the following warranties:
• That the Shipment is acceptable for transport under Section 2 above;
• That BBS has complied with applicable customs control, import, export, data protection, sanctions, embargoes, and other laws and regulations;
• That the Recipient has complied with their legal obligation to process and share this information, including informing the individuals involved that their personal data, such as the Recipient's email address and cellphone number, may be requested for transport, customs clearance, and delivery purposes.
9 - Routes
The Recipient agrees to all routes and deviations, including the possibility of the Shipment being transported using intermediate stops.
10 - Applicable Law
Any dispute arising out of or related to these Terms and Conditions shall be subject to the jurisdiction of the courts of the country of origin of the Shipment and shall also be governed by the laws of that country. The Recipient irrevocably submits to such jurisdiction, unless applicable law provides otherwise.
11 - Invalidity
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions contained herein.
In case of doubts, you can contact us by WhatsApp, at +55 (11) 96314-3838, by chat here on our site, or by e-mail: firstname.lastname@example.org