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Terms of Goods Transport!

These General Terms and Conditions apply to the freight forwarding services provided by Beyond Borders Logistics (Private) Limited and their Partners. The terms and conditions shall become binding when accepted by the Client either by acknowledgment or through performance. These Terms and Conditions of Freight Services shall apply to all shipments scheduled by Client and may be amended from time to time by Beyond Borders Logistics, at its sole discretion. Any terms and conditions proposed by the Client which are additional to or inconsistent with the terms and conditions contained herein shall be void, unless specifically agreed to by Beyond Borders Logistics in writing, and signed by their duly authorized representative.

DEFINITIONS

    The meanings of the following words and phrases which are widely used in these General Terms and Conditions shall be as set out below and shall apply wherever used in these general terms and conditions:

  • BEYOND BORDERS LOGISTICS (hereinafter referred to as BBL) – Shall mean BEYOND BORDERS LOGISTICS a freight company registered in terms of the laws of Zimbabwe under company registration No 14610/2020 which specializes in global transportation services;
  • Client or You (and derivatives) – shall mean the person/persons natural or juristic, seeking the transportation services of BBL .
  • Freight Transportation – shall mean the physical process of transporting commodities and merchandise goods and cargo.
  • Goods - refer to cargo transported hereunder, including all pieces which are tendered to, and accepted by BBL and Partner’s for transportation to specified destinations.
  • Local Law – shall mean Zimbabwean legislation statutes, and regulations in force in Zimbabwe.
  • International law – shall mean the body of rules established by custom or treaty and recognized by nations as binding in their relations with one another, in particular it shall refer to international trade laws that apply to international transportation of goods such as laws on customs duty, territorial waters and air space,
  • Partners – shall mean Mafee, a freight company based in China & Plus One Cargo a freight company based in Dubai, working in partnership with BBL.
  • Party or Parties – shall mean BBL, Mafee,Plus One and the Client.
  • Services - shall mean the services to be provided by BBL under these terms and conditions.

1. NATURE OF SERVICES

Beyond Borders Logistics agrees to offer freight forwarding services from a stated country (China or Dubai) via freight to a stated destination (Zimbabwe). The Client agrees to pay for costs of such transportation and any incidental costs related thereto such as customs duties and any other costs related thereto. Both parties agree to be bound by the terms and conditions enclosed herein.

2. CUSTOMS CLEARANCE, SHIPMENT AND IMPORT

2.1 It shall be the duty of BBL to assist client with all the necessary and required paperwork which paperwork shall be filled in on behalf of the Client by BBL’s personnel and or/employees.

2.2 BBL shall assist in customs clearance, obtaining required licences, payment of mandatory taxes, bills of entry and any other documentation or process as may be necessary to effect transportation of goods and their delivery.

2.3 BBL shall also provide customs declaration services in accordance with the Zimbabwean import tax laws and according to the relevant tax standards.

2.4 BBL shall Handle the formalities of tariff and export control as the customs forwarding agent and act as the consignor only when the designated customs broker completes the customs clearance procedures.

2.5 BBL shall transfer the goods to the consignee’s import agent at the request of the consignee, or ship to other locations. In the instance BBL Partner shall play the role of confirming whether the consignee would have obtained the necessary authorization.

2.6 It is the consignee’s responsibility to timeously provide all necessary goods documentation (such as invoices and packing lists) to facilitate shipment and customs clearing. Any consequences such as seizure of goods and or/charges accrued due to delays or unavailability of such documents will be passed on to the consignee. BBL shall not be liable for ensuing consequences.

3.EXPRESS GOODS THAT CANNOT BE DELIVERED

3.1 The Client shall confirm that the goods delivered by him are transportable. Transport services will not be granted in any of the following circumstances:

3.1.1 In the event of hazardous articles stipulated by other relevant government departments or organizations, such as the International Air Transport Association, the International Civil Aviation Organization, the European Agreement on the road transport of dangerous goods, dangerous goods, and prohibited or restricted goods;

3.1.2 Failing to go through the customs declaration formalities in accordance with the relevant customs regulations: animals, cash notes, precious metals, ore, real or simulated guns and their zero accessories, weapons, explosives, ammunition, humans, pornography or illegal narcotic drugs / drugs.

3.1.3 Goods with defective or improper packaging.

4.CONFORMITY CERTIFICATION

Client accepts that, BBL shall not be responsible for refusal of grant of import permits and conformity certificates by the responsible authorities due to failure by Client’s goods to meet the relevant requirements. The Client Indemnifies BBL and releases BBL from any claim by client in respect of any direct, consequential, or indirect loss occasioned on the Client by refusal of entry of goods or confiscation/impound of goods by relevant authorities for failure to comply with import and conformity requirements.

5.BATTERY GOODS

Shipping of battery goods can be suspended at any time by airlines and resumed as may be allowed by airlines. By accepting these terms and conditions, Client accepts that BBL is not responsible for suspension and resumption of shipping of battery goods by airlines. Where such suspension is effected after goods are already at the China & Dubai warehouse or in transit from supplier to warehouse, or whilst Client is in the process of ordering, the Client Indemnifies BBL and releases BBL from any claim by client in respect of any direct, consequential, or indirect loss occasioned on the Client by such suspension, whether temporary or permanent. In such event, BBL shall keep Client reasonably updated and ship such battery goods as soon as the Airlines resume shipments of battery goods.

6.FAKE/IMITATIVE/COPY/COUNTERFEIT/BOGUS BRANDED GOODS

counterfeit/fake/imitative/bogus/copy branded goods is illegal in China & Dubai. Client sends counterfeit/copy/fake/imitative/bogus branded goods for shipment do so at its own risk. Should any such goods be examined and confiscated/seized/impounded by Chinese Police or authorities, the Client accepts responsibility, indemnifies BBL and releases BBL against any claims for direct, indirect, or consequential loss resulting from confiscation/seizure/impound of such fake/counterfeit/copy/imitative/bogus goods.

7.PRESERVATION OF SHAPE OF PACKAGES

Client accepts that in groupage transportation of goods, goods are mixed and stacked with other groupage goods of different characteristics, shape and weight which may result in good losing their shape and deformation of original packaging shape-wise. Should the Client desire goods to keep shape, it shall be the Client’s responsibility through its supplier or through BBL Partner (for a fee) to place the goods in protective casing that retains the shape of the goods in particular; wooden, metal or plastic crates that will preserve the shape of the original package.

8.PRIVITY OF AGREEMENT

These terms and conditions bind BBL, Partner’s and the Client only. BBL or Partner’s shall not be answerable to the Client’s customers, associates or any other third party linked to the Client. BBL shall not be responsible for any undertakings or promises made by Client to its customers, associates or any other third parties linked to the Client, regarding delivery of goods shipped under this agreement.

9.ACCEPTANCE OF PRICES

By sending goods to the warehouse, Client accepts the prices as advertised by BBL on print media and social media platforms inter alia Kungaphi WhatsApp Chat Bot, BBL CHINA ZIMBABWE SHIPPING WhatsApp GROUPS, Facebook and any other platform operated by BBL.

10.ESCALATION OF COSTS

10.1 The Parties agree that freight transportation charges fluctuate on a regular basis due to, customs rates hikes, port charges hikes, devaluation of currencies, unforeseen costs, and shortage of flights, rail trains and ships during busier travel and trade seasons.

10.2 Client acknowledges that prices are subject to change without prior notice to the client.

10.3 Client acknowledges that in the event of abrupt increases in port charges, custom charges, and airlines, shipping and rail lines charges, an escalation request shall be presented to them by BBL and client shall be obligated to pay the escalation costs within 7 days of receiving such request.

10.4 Failure to pay the escalation costs within the stipulated time shall constitute a breach of these terms and conditions.

10.5 In the event of Client’s failure to settle escalation costs, BBL shall be entitled to retain transported goods and only release them to the Client upon full payment of the requested escalation amount.

11.ANTICIPATED SHIPPING TIME AND DELAYS

Whilst BBL gives estimate shipping times for both Air and Sea calculated from date of shipment, by accepting these terms and conditions, Client accepts that it is common for the delivery of goods to be delayed due to weather hazards, epidemics and lockdowns, customs inspections and procedures, strikes by customs officials, public holidays both in China or Dubai and in Zimbabwe, flight cancellations, flight suspensions, unexpected customs fees and duty hikes whilst goods are in transit. The Client accepts responsibility, indemnifies BBL and releases BBL against any claims for loss of business/income, direct or consequential loss that may be occasioned by delays in delivery of goods caused by weather hazards, epidemics and lockdowns, customs inspections and procedures, strikes by customs officials, public holidays both in China or Dubai and in Zimbabwe, flight cancellations, flight suspensions, unexpected customs fees and duty hikes whilst goods are in transit or at the China warehouse.

12.WATERPROOF CASING & WRAPPING OF GOODS

From prior shipping experiences, BBL has become aware that goods may be exposed to wet weather that may result in goods getting wet and deformed. It shall be the Client’s sole responsibility to ensure that goods are wrapped in waterproof material or placed in waterproof casings/crates by their suppliers before delivery to the warehouse or by BBL Partner’s (for a fee). By accepting these terms and conditions, the Client accepts responsibility and hereby indemnifies BBL against any claim for loss of goods and direct or consequential loss caused by wet weather. The Client hereby releases and absolve BBL from any claim Should the goods be exposed to wet weather.

13.DELIVERY AND NO DELIVERY

When goods arrive at the Zimbabwe warehouse, consignee shall inform BBL whether delivery services are required or not.

14. DELIVERY SERVICE SCOPE

14.1 If a delivery service is required, the exact delivery address and receiver’s phone number is required.

14.2 BBL & Partner’s shall confirm the delivery fee and send it to the Client immediately after the goods are sorted.

14.3 Before signing of a delivery note, Client or a person accepting the delivery on their behalf shall properly check the outer packaging, quantity, and whether the goods are damaged.

14.4 Once signed for the goods, BBL & Partner’s will not bear the loss for the goods.

14.5 If the goods are damaged and the quantity decreases before the receipt, the consignee has the right not to sign for, and the delivery personnel can pull the goods back and enter the claim process.

14.6 All goods issued must be confirmed or contested before receipt, any objects made after such process shall be subject to rejection.

14.7 In the event that the goods are inconsistent or have reduced in quantity or weight purchased by the consignee, Client shall have the duty to immediately contact the supplier or shopper (some suppliers have under-delivered goods if they are out of stock); and must also contact BBL & Partner’s to confirm the before-sending weight and after-arrive weight (excluding any errors) to determine where the incident might have occurred at.

14.8 BBL & Partner’s shall not assume responsibility for the wrong version of the goods,in the event of this occurring Client is directed to contact the supplier or shopper.

15.COLLECTION, DELIVERY REQUIREMENTS & STORAGE

15.1 Goods will be released for collection and or delivery after BBL & Partner’s verify that all fees have been duly paid.

15.2 In pursuance to collection of goods from the warehouse the Client or authorized person collecting on their behalf shall provide a Debit Note with the following information

  • 15.2.1 consignment date or container number,
  • 15.2.2 collection number,
  • 15.2.3 the consignee name,
  • 15.2.4 telephone number and consignee ID or Passport.

15.3 To change the consignee information, please contact the sales consultant immediately. For the safety of your goods, please try to provide the exact consignee information to be labelled on your goods before shipment.

15.4 Home delivery service is available. The same collection information in 5.2 above will be required to facilitate such delivery.

15.5 If payment for shipping fees is made in Zimbabwe office, the receipt must be sent to the sales consultant in China & Dubai otherwise your account will be deemed unpaid.

15.6 Goods are stored for free for 3 days from the time they are ready for collection. From the 4th day onwards a warehousing fee of USD$3 per day (air cargo) and USD$7 per day (sea cargo) shall begin to apply. If goods are not collected within 5 days, BBL has the right to handle the goods.

BBL has the right to handle goods and move them to another storage facility/ auction with prior notice.

16.INSPECTION

16.1 For the normal delivery of the goods, BBL & Partner’s have the right to open and inspect goods without notice.

16.2 Inspection is done on the contents of the goods; and during such inspection defects or breakages may be unnoticed.

16.3 BBL & Partner’s will not be liable for defects or breakages undetected.

17. BILLS OF ENTRY AND INDIVIDUAL BILLS OF ENTRY


Sea Cargo:

17.1 In the event that goods are less than a container load, meaning they do not fill up a container they will be consolidated and shipped under groupage/grouped container which is relatively cheaper. The charges are standard regardless of goods being shipped. There will be no individual bill of entry under this option.

17.2 However, there shall be an option within the consolidated container to degroup where BBL can itemise all costs which normally tends to be slightly expensive. For this option clearing will be done by BBL and Client will get an individual bill of entry under this option

17.3 Client shall advise BBL in advance before goods are loaded of their selected option.

Air Cargo:

17.4 Where goods are less than the minimum weight airlines ship they will be consolidated and shipped under a grouped consignment. The minimum weight is 45kg. The charges are standard regardless of goods being shipped. There will be no individual bill of entry under this option.

17.5 However, there shall be an option within the consolidated consignment to degroup where BBL can itemise all costs which normally tends to be more expensive. Client will get an individual bill of entry under this option.

17.6 If the weight of the goods is 100kg+ BBL can issue a bill of lading where Client can clear their goods on their own. There is a document release charge fee of $50.

17.7 Client shall advise BBL in advance before goods are loaded of their selected option.

18.FREIGHT

18.1 Freight will be calculated according to the actual weight calculation standard and volume calculation standard.

18.2 BBL & partners can reweigh and measure any goods to confirm its calculation data. Please contact the BBL sales consultant for the provision of the latest quote form.

18.3 BBL & partners are entitled to collect all freight charges, surcharges, tariffs from the consignee.

18.4 If the goods shipped belong to clause 2, BBL & Partners shall also be paid for such damages, damages, fines and related costs.

18.5 Where goods are sent to our warehouse & clients put a different name or number on the packing list (packing list & invoice)BBL will calculate the duty payable upon collection of the parcel & the client is obliged to pay the amount owing in full.

19.BBL & PARTNER’S LIABILITY

19.1 BBL & Partner’s liability is limited to direct loss or damages.

19.2 Where Goods sent from the supplier are damaged or lost, BBL & Partners shall cooperate assisting the client, but without any obligation to do so.

19.3 If the goods are lost in the warehouse in China & Dubai (on the premise that the supplier specifies that the goods have arrived in the warehouse), BBL shall bear the full value of the goods. Please provide the real seller contact information, shopping vouchers, shopping invoices, so that we can carry out the claim work, the claim time is 15 working days.

19.4 If some of the goods are lost, please contact SHOPPER and sales consultant and we will assist in the investigation. The Supplier may be short of goods or have improper behaviour during the transportation. If it is a supplier problem, the shopper will assist to get a refund or reissue of the goods. If it is confirmed during the transportation, claim the missing weight freight under the above rules.

19.5 Chinese customs may perform physical examination (known as customs behaviour). If the goods are in the care of the Chinese customs and they go missing, BBL shall attempt to claim from the customs side. The customs behaviour time limit is 30 days. If more than 30 days passes, we will compensate twice the freight paid.

19.6 If the goods go missing whilst they are in the transit place (Hong Kong, Addis Ababa etc). We will make a claim to the Airline, and if the airline handles them for a long time, BBL & Partner’s will pay twice the freight.

19.7 Zimbabwe customs may perform physical examination (customs behaviour). If the goods are in the care of the Zimbabwe customs and they go missing, we will try to claim from the customs side. The customs behaviour we must obey, the time limit is 30 days. If more than 30 days pass, BBL shall compensate twice the freight paid.

19.8 If it is confirmed that goods have been damaged or lost in the Zimbabwe warehouse or during door-to-door delivery, BBL shall bear the full value of the goods.

19.9 As BBL is an aviation and ship carriers’ agent, it shall endeavour to protect Client’s goods. As third party responsibility, we take third party accountability and we will try to make maximum compensation.

19.10 Special note if you are importing high-value goods (phones, laptop, television, ceramics, refrigerator, medical machinery, easily breakable goods etc). We suggest that you buy insurance according to the value of the goods. We will submit the required materials (goods formal invoice, packing bill, bill of lading and other specific materials subject to the requirements of the insurance company). The insurance cost shall prevail; BBL & Partners will bear no liability.

19.11 If no insurance is taken goods are deemed to be shipped at Owner’s risk and liability is limited to the clauses herein.

19.12 Goods insurance does not include indirect losses or damages or damages resulting from delay in transportation.

Our Insurance Policy

20. TIME LIMIT FOR FILING CLAIMS

20.1 Any claim must be made to BBL & Partner’s by email within 7 days after BBL & Partners accepts the goods, otherwise BBL & Partners shall not be liable.

20.2 The claim must be accompanied by a claim report taken at the time the incident was discovered before receipt was signed.

20.3 The claim email is finance@bblogisticsgroup.com and jolin@mafeesuplier.com. Please also copy mandy@mafeesupplier.com.

20.4 Claims take 15 working days to be investigated.

21. VIS MAJOR

21.1 BBL & Partners are not liable for loss or damages resulting from causes beyond the scope of BBL & Partners control. These reasons include, but are not limited to: the defects inherent in the goods (whether latent or patent), actions or omissions of non-BBL & Partner employees (for example, consignor, consignee, customs, third person, or government, etc.); force majeure factors shall include but are not limited to earthquakes, storms, floods, war, air crash, riots or civil unrest.

urthermore, BBL & Partner are not liable for any damage or loss of goods as a result of packaging or handling of goods by the supplier or shopper to the warehouse. Requests should be made to check condition of goods or further packaging before goods are shipped.

21.3 Client acknowledges that delays beyond BBL’s control may be experienced.

21.4 In the event that delays are experienced by Client which delays are beyond BBL’s control and which delays have the effect of causing Client loss of business or any other losses, BBL shall not be liable or accountable to client for such losses.

22. CONFIDENTIALITY

22.1 Each of the Parties agrees that it shall maintain the confidentiality of all Proprietary Information, and as such, agree, except as required by law and unless otherwise agreed to in writing;

22.2 to keep all Proprietary Information confidential and not to disclose or reveal any Proprietary Information to any person except for third parties who are directly involved in the transportation of the goods and or handling of such services.

To ensure, that any interested third party has undertaken and signed a non-disclosure agreement.

22.3 To ensure, that any interested third party has undertaken and signed a non-disclosure agreement.

23.ELECTRONIC ORDER STATUS NOTIFICATIONS;

23.1 If offered by the Company, the Client may choose to receive email or Whatsapp notifications from BBL AND Partners related to the Client’s shipment order status. The Client can choose to receive order status updates (i.e., the carrier is in route); shipment delivery confirmation; or shipment delivery delay. The Client’s choice of electronic notification (i.e., email or whatsapp) will apply to all of the Client’s orders.

23.2 BBL does not charge for any content; however, downloadable content may incur additional charges from the Client’s cell wireless provider. The Client’s data and wireless provider’s standard messaging rates will apply to BBL’S initial response to the Client regarding its selection of electronic order status notification, and to all subsequent SMS-TEXT correspondence. The Client should contact its wireless provider for information about its messaging plan. The Client’s wireless provider may impose message or charge limitations on the Client’s account that are outside the BBL’s control. All charges for the provision of wireless data and SMS-text services and plans are billed by and payable to the Client’s wireless provider.

23.3 By subscribing to email or WhatsApp or SMS-text notifications from the BBL related to the Client’s shipment order status, the Client is consenting to receiving email,whatsapp or SMS-text messages as required to reasonably provide available updated information regarding the Client’s shipment order status, using automated technology. to receive services from the Company.

23.4 The Client represents to the Company that it is the owner or authorized user of the wireless device the Client identified for use to subscribe for email,whatsapp or SMS-text notifications, and that the Client is authorized to approve the applicable charges.

24. INTELLECTUAL PROPERTY

Company reserves all rights including, without limitation, to title, ownership, intellectual property rights, and all other rights and interest in BBL or covered by all patents owned by BBL, and all related items, including any and all copies made of the WEBSITE (www.bblogisticsgroup.com). All content on the WEBSITE, including, but not limited to, trademarks and logos, designs, text, graphics, sounds, images, software, source code, and other materials are the intellectual property of BBL and may not be copied, reproduced, or distributed in any form without the prior written permission of BBL.

25.THIRD PARTY SITES

The WEBSITE may, from time to time, contain links to other websites for the convenience of users. These sites and any other sites operated or maintained by third parties are operated or maintained by organizations over which BBL exercises no control, and BBL expressly disclaims any and all responsibility for the content, information, links, and other items, the accuracy and completeness of the information, and the quality of products or services made available or advertised on these third-party sites.

26. NAME & LOGO USE

Unless expressly agreed otherwise in writing, Client agrees Company may utilize Client’s name, logo, trademark, and/or domain name in marketing, advertising, and/or promotional material or communications.

27. THIRD PARTY RIGHTS

The terms and conditions contained herein shall not create or give rise to, nor shall it be intended to create or give rise to, any third-party rights. No third party shall have any right to enforce or rely on any provision of these terms and conditions which does or may confer any right or benefit on any third party, directly or indirectly, expressly or impliedly.

28. LAW AND JURISDICTION

These terms and conditions are exclusively governed by the laws of Zimbabwe. In the event of a dispute, only the courts of Zimbabwe shall have jurisdiction.

29. ASSIGNMENT

Neither Party shall assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the other.

30. BREACH

If any party (the “defaulting party”) breaches this agreement and such breach goes to the root of this agreement, and the defaulting party fails to remedy that breach within ten (10) days of receipt of written notice from the other party (the “non-defaulting party”) calling for the breach to be remedied, then the non-defaulting party shall be entitled, without prejudice to any other rights that it may have, whether under this agreement or in law, to cancel this agreement without notice or to claim immediate specific performance of all the defaulting party’s obligations, whether or not due for performance, in either event without prejudice to the non-defaulting party’s right to claim damages.

31. TERMINATION

31.1 Each party shall have the right to terminate with or without breach of the terms stipulated herein.

31.2 In the event of termination as a result of breach, the innocent party shall have the right to terminate the contract by giving the party in breach two weeks’ notice in writing.

31.3 In the event of termination for any other reason other than breach, either party shall give two weeks’ written notice of termination to the other party-provided however, that termination of this Agreement shall not affect or impede the performance of either party’s outstanding obligations during or prior to the notice period.

31.4 The following matters shall constitute a breach, whether they shall be voluntary or involuntary:

  • a) Any default in payment of the contract sum when the same falls due;
  • b) Any default in the payment of escalation costs which become due upon request by BBL;
  • c) Any default in the observance or performance of any material obligation of the Transporter and the Transporter’s employees under this Agreement;
  • d) Any falsehood, misrepresentation, acts of terrorism, drug/human trafficking, corrupt and/or fraudulent practice discovered, or any failure of any of the warranties given by the Transporter under this Agreement;
  • e) The commencement of any insolvency, winding up, receivership, liquidation, or dissolution proceedings against the Transporter or any of its affiliates, or against any of its assets or the deregistration of the Company from the Companies Register in Harare;
  • f) The Transporter becoming a subject of any merger or consolidation pursuant to which the Transporter shall not be the surviving entity or shall dispose of all or substantially all of its assets in one or more transactions;
  • g) Any other unforeseen occurrence that can reasonably be considered analogous to or similar in nature and effect to the above events of default;
  • h) BBL shall be free to exercise such rights and/or remedies available to it under the law at any time thereafter in its absolute discretion as though the event of breach had just occurred.

32. REMEDY UPON BREACH

Upon the occurrence of any breach and at any time thereafter, BBL may give written notice of the event of breach to the Client and shall have the right to exercise and enforce any and all the rights or remedies available to it under the law.

33. SEVERABILITY

If any provision in this agreement is found by any court of competent jurisdiction to be invalid, unlawful, or unenforceable, such provision shall not invalidate the remaining provisions of this agreement.

34. ENTIRE AGREEMENT

34.1 This Agreement constitutes the entire contract between the Parties hereof and no provisions, terms, conditions, stipulations, warranties, or representations of whatsoever nature, whether express or implied, have been made by either of the Parties or on their behalf except as may be recorded herein.

34.2 No alternation, variation, amendment or purported consensual cancellation of this Agreement or of this clause or any deletion therefrom shall be of force or effect unless reduced to writing and signed by or on behalf of both Parties hereto.

35. INDULGENCIES AND WAIVERS

No relaxation or indulgence or failure to enforce any provisions of this Agreement, which any Party may grant to any other or failure by the disclosing party to enforce or to require the performance at any time of any of the provisions of this agreement, shall constitute a waiver of the rights of that Party and shall not preclude that Party from exercising any rights which may have arisen in the past or which might arise in future.





The Parties hereto declare that they have had the opportunity to review the terms and conditions of freight of goods with counsel of their choice and have fully understood and agreed thereto.