GENERAL TERMS & CONDITIONS
These Terms and conditions are effective as of 24th October 2024.
1.APPLICABILITY
These General Terms and Conditions, which replace any previous general terms and conditions, apply to all assignments to BLS, unless otherwise expressly agreed in writing or provided herein. All assignments shall be performed in accordance with:
In the event of any conflicts between these provisions, the order of precedence as listed above shall apply. In case of any discrepancies between different language versions of these General Terms and Conditions, the English version shall prevail.
These General Terms and Conditions include additions to, and deviations from, any standard industry practices or previously established terms.
The Customer shall be responsible for any third-party performing obligations and undertakings set forth in these General Terms and Conditions on the Customer’s behalf, for which BLS is not expressly responsible.
2.DEFINITIONS AND HEADINGS
2.1 Definitions
In these General Terms and Conditions and in connection with assignments, the following words and expressions shall have the meanings specified below:
2.2 Headlines and Titles
Headings and titles are for convenience only and shall not affect the interpretation or application of these General Terms and Conditions, unless expressly stated otherwise.
3.VALIDITY OF TENDER/AGREEMENTS
4.LIMITED LIABILITY
5.CLAIMS
Any visible damage, reduction in quantity, or loss must be reported immediately upon receipt of the goods and noted on the transport document or an equivalent document. Such notation must be verified by a BLS representative.
The Consignee shall, upon receipt of the goods, immediately inspect them for any hidden damages. Any concealed damages must be reported to BLS as soon as possible, but no later than:
BLS shall not be held liable for hidden damages that become apparent during subsequent transport if the goods were previously handled or transported similarly and were not inspected for concealed defects before the latest transport.
BLS will not be held responsible for damage or loss occurring during consecutive transports if BLS can demonstrate that it is likely that the damage did not occur during the period in which BLS, or a party acting on behalf of BLS, had custody of the goods.
Claims related to delays should be submitted as soon as possible and in accordance with the applicable transport regulations. Please note that pick-up times are preliminary and not guaranteed.
Both the Customer and the Consignee are responsible for taking all reasonable measures to mitigate any further damages to the goods.
In cases where BLS has compensated the full value of the goods for a claim, BLS reserves the right to take over title to the goods if so desired.
6.CLAIMS ASSISTANCE
BLS’s obligations regarding claims assistance shall be limited to notifying the Customer of any claims and providing relevant information about such claims.
7.VALUE ADDED TAXES/CHARGES
Value added tax (VAT) and any other taxes or charges as required by law will be added to the price. Charges such as rent, customs fees, clearance costs, and other related expenses are billed based on actual costs and applicable outlay fees (refer also to Section 8. TERMS OF PAYMENT).
8.TERMS OF PAYMENT
If BLS permits payment after delivery, payment must be received by BLS no later than ten (10) days after the invoice date. In the event of a delay in payment, BLS is entitled to charge penalty interest, calculated at the rate specified on the invoice, along with any reminder fees and additional charges permitted by law.
If BLS has invoiced a third party as directed by the Customer and payment is not made in a timely manner, the Customer shall be liable for the invoiced amount immediately upon receipt of the invoice, in addition to any penalty interest, invoice fees, and reminder fees.
Even when post-delivery payment is allowed, the Customer may be required by BLS to make advance payments for freight and other assignment-related costs, especially in cases involving perishable goods or where the value of the goods does not clearly cover the freight and related expenses.
If the Customer disputes any part of an invoice, the undisputed portion must still be paid as outlined above. In the event of an unjustified dispute, the Customer shall be liable for penalty interest, applicable fees, and reimbursement for any additional expenses incurred by BLS.
Payment for any assignment performed by BLS cannot be withheld or offset by the Customer against any claims unless prior written consent is provided by BLS.
9.PRICE ADJUSTMENTS
Unless otherwise agreed in writing, the price will be based on the conditions set forth for the assignment. Should these conditions not be met, BLS reserves the right to modify the conditions of the assignment.
If BLS’s costs for performing all or part of an assignment increase due to conditions beyond BLS’s control and which could not have been reasonably foreseen, BLS is entitled to adjust the price accordingly. Such increases may result from events such as currency fluctuations, changes in national or local levies, labor market disruptions, or changes in fuel prices.
10.GOODS NOT ACCEPTED
Assignments will not be accepted for the carriage of goods including, but not limited to, living or deceased animals, corpses or cremated remains, hazardous waste, cash, securities, personal effects, or household furniture in transit.
11.DANGEROUS GOODS AND OTHER GOODS REQUIRING A SEPARATE AGREEMENT
Dangerous goods, flammable and explosive substances, temperature-sensitive items, weapons, waste, valuables (e.g., art, antiques, and jewels), living plants, perishables, tobacco, alcohol, goods sent COD internationally, and any goods subject to legal restrictions on import or export, or on domestic carriage, will only be accepted for transport upon a separate written agreement with BLS.
For goods classified under Class 1, 6.2, and 7 of the ADR regulations, transport assignments will be accepted upon agreement and will incur a separate charge for each individual transport.
In cases involving dangerous goods subject to ADR, IATA DGR, RID, IMDG Code, or any other applicable international dangerous goods regulations, the national rules and regulations of the country in question shall apply. The Customer must inform BLS in advance—no later than at the time of booking—if all or part of the shipment is subject to such dangerous goods regulations.
If any part of the shipment consists of dangerous goods, separate documentation must be used. The Customer is responsible for ensuring that the goods are declared in accordance with the mandatory regulations for the respective mode of transport (ADR, IATA DGR, RID, IMDG Code) and for applying the required labels to each package as specified by the applicable regulations. A separate fee will be charged for transport assignments involving dangerous goods. Please note that deviations from the scheduled service may occur for shipments containing dangerous goods.
BLS will only undertake warehousing assignments for dangerous goods upon entering into a separate written agreement. Special laws and regulations apply to warehousing flammable and explosive items. The Customer must inform BLS in advance if any warehousing assignment will involve dangerous goods, and is responsible for providing detailed classification and information.
12.SPECIFIC CONDITIONS FOR TRANSPORT ASSIGNMENTS
12.1 Ordering and Booking
Transport assignments will be accepted once BLS approves the order and acknowledges it by means of a dated document or via electronic transfer, as agreed, and upon receipt of the goods along with a correctly completed freight document and/or transport instructions.
All bookings—whether for standard transport or for shipments with guaranteed transit times—are subject to the conditions specified by BLS or confirmed by BLS at the time of booking. The specific conditions for each product or service apply to booking, loading, and unloading times.
12.2 Means of Transport, Traffic Conditions, and Routes
BLS reserves the right to select the means of transport, the type of vehicle, and the transport route, including the option to utilize intermediate loading if necessary. By submitting a transport assignment to BLS, the Customer acknowledges and agrees that, for sea freight, goods may be carried on deck whether they are containerized or not. Goods carried on deck are subject to the same liability regime for loss, damage, or delay as those shipped below deck.
The terms for assignments offered or accepted by BLS assume that traffic conditions are normal (i.e., freely moving and uncongested) and that the entire transport route—including the loading and unloading locations—consists of accessible roads, navigable waterways, or permitted flight paths in accordance with the applicable laws of the countries involved. BLS can provide information regarding any limitations that may apply for a given location or country.
12.3 Packaging Material
Goods must be packaged to withstand normal transport handling (including automated sorting) and to be properly stowed for the intended mode of transport, without causing damage to other shipments. BLS shall not be liable for any damage resulting from the absence or inadequacy of packaging materials.
12.4 Load Carriers Provided by the Customer or Consignor
Unless BLS has agreed to handle the loading of goods, the Customer is responsible for the proper stowage and securing of the goods in compliance with the national laws and regulations of the respective countries. When required, the Customer must also prepare cargo stowage and securing certificates (such as a Container Packing Certificate (CPC) for maritime transport) in accordance with the rules applicable to the chosen mode of transport.
12.5 Transport Documents and Addressing (Parcel Labeling)
The Customer is responsible for ensuring that all information included in the transport documents is accurate and complete. Any costs arising from incorrect or incomplete information will be borne by the Customer. BLS reserves the right to seek compensation for any issues resulting from wrongly issued address labels, freight documents, or any other documents relating to the assignment.
The Customer must ensure that every shipment is accompanied by correct and complete waybills and/or transport instructions approved or supplied by BLS. The delivery address must conform to the national standards for transport labels. For shipments to countries outside of the USA and its immediate regions, the following additional documents may be required:
12.6 Price and Price Calculations
The prices quoted include the services and undertakings set forth in the tender and/or agreement. In the absence of a tender or an agreement, the Customer shall be charged according to the current BLS price calculation rules. Freight prices are calculated based on BLS’s applicable weight and/or volume rules in effect at the time for the respective service.
12.7 Freight Payment and Cost Allocation
The Customer is responsible for providing written instructions regarding freight terms to the consignor, consignee, and BLS. For cross-border shipments, the Customer shall include in the waybill and/or transport instructions the cost allocation between the consignor (seller) and the consignee (purchaser) to ensure accurate allocation of freight and any related costs incurred during transport. The Customer shall be liable for all costs arising from:
12.8 Booking Deviation/Deadfreight
If the actual quantity of goods differs from the quantity specified in the booking, BLS reserves the right to charge for additional costs or lost freight income. Cancellation of a transport assignment shall be treated as a booking deviation (deadfreight) unless BLS explicitly approves the cancellation.
12.9 Transport Times
BLS operates according to published transport schedules and/or sailing lists, which do not constitute a guaranteed transit time unless explicitly agreed to in writing in the tender or agreement with BLS. Any conditions or requests regarding delivery times included in waybills are non-binding. Errors in freight documents, incorrect address labels, or incomplete delivery addresses (e.g., PO Box addresses) may result in deviations from scheduled transport times.
Transport schedules may be subject to variations due to holidays, vacation periods, or special circumstances—such as shipments involving dangerous goods, temperature-sensitive cargo, or goods with inadequate packaging. BLS shall not be held liable for delays in pick-up beyond our control.
12.10 Liability of Subcontractor
If BLS engages subcontractors for any portion of a transport assignment, the Customer may only direct economic claims for damage, reduction, loss, or delay against BLS and not directly against any subcontractor acting on behalf of BLS.
12.11 Liability for Warehousing in Connection with Transport
BLS’s liability as a carrier for warehoused goods shall end no later than fifteen (15) calendar days after BLS notifies the person entitled to receive the goods of their arrival, or after a written notice is sent to the address specified by the Customer. Thereafter, the liability provisions outlined in the applicable warehousing agreement shall apply.
For domestic road shipments within the USA, BLS assumes additional responsibilities as provided by applicable national regulations. However, these additional responsibilities do not apply to domestic segments that are part of cross-border shipments—in such cases, the relevant international conventions (e.g., the CMR Convention) shall primarily apply.
13.Additional Provisions for Domestic Road Transport
For domestic road shipments within the USA, BLS assumes additional responsibilities beyond the standard terms as provided by applicable national regulations. These additional conditions do not apply to domestic segments that are part of cross-border shipments.
13.1 Temperature-Controlled Domestic Road Transport
For temperature-controlled domestic road transport, BLS is responsible for any damage directly resulting from the cargo area not maintaining the agreed temperature range. However, BLS shall not be liable if the goods are delivered in a condition (e.g., spoiled or deteriorated) that makes them unable to withstand the transport conditions. The consignor is responsible for ensuring that the goods are at the proper temperature prior to loading. Claims regarding damage due to incorrect temperature control must be made upon delivery.
13.2 Cause of Damage
Liability for domestic road transport extends to damage resulting from traffic accidents, fire, or theft.
13.3 Domestic Liability
For package shipments within the USA (similar to a standard courier service), liability is limited to a specified amount per unit weight for the portion of the consignment that is lost, reduced, or damaged. For single consignments and bulk goods transported domestically, liability is limited to a set amount per unit weight in accordance with applicable national transport legislation.
If the transport assignment involves transferring goods to another mode (e.g., loading onto a truck or another cargo vehicle), any reduction in responsibility does not apply to damage, reduction, or loss that could have only occurred during, and as a direct result of, that transfer process.
14.Insurance and Liability
Contrary to any contrary local standard provisions, the Customer shall take out insurance covering fire, water damage, and burglary based on the invoice value of the goods stored in BLS’s warehouse plus 10%. For any loss, reduction, or damage of the goods not covered by such insurance—or in the absence of such insurance—BLS is liable for errors or negligence provided that such liability complies with applicable law. However, liability is limited to USD 8.33 (or the equivalent in applicable currency) per gross kilo for that portion of the consignment that is lost, reduced, or damaged, with a maximum liability of USD 50,000 per incident.
The Customer is responsible for a self-insurance excess amounting to 0.05% of the value of the goods flow over any twelve-month period, while BLS is liable for any surplus during the same period. The value will be calculated based on the book value of the goods in the BLS warehouse—excluding taxes, charges, customs duties, etc.—with the net difference from a stock count forming the basis for the liability calculation. Compensation for lost or damaged goods is calculated on the latest book value plus the Customer’s actual warehousing, transport costs, and other verified expenses related to the goods. Compensation for partial loss is determined on the same principles, limited to the amount that would have been paid if the entire shipment had been lost or damaged.
BLS’s liability for delay arises when the time for completing the assignment, or part thereof, exceeds what can be reasonably expected based on the agreed terms and circumstances. Such liability is limited to an amount corresponding to the affected portion of the assignment, with a maximum of 50% of one (1) Basic Amount as determined by applicable national insurance regulations.
14.1 Early Termination of Warehousing Assignment
If BLS’s insurance provider terminates the insurance agreement with BLS, or requires modifications to the insurance conditions, BLS is entitled to terminate the warehousing agreement with three (3) months’ written notice to the Customer, or to require the modifications mandated by the insurance provider.
Should the Customer violate the agreement, resulting in early termination of the assignment, the Customer shall compensate BLS for lost fees regardless of which party terminates the agreement. Such compensation shall include an amount equivalent to the fixed charges due from the time of violation until the originally agreed termination date, plus the total variable fees per month over that period. If an exact calculation is not possible, the monthly average of invoiced variable fees during the assignment—minus any direct costs that BLS could reasonably have avoided without significant expense or risk—will be used. For assignments intended to continue until further notice, the remaining term shall be treated as the period subject to termination. In addition to these fees, BLS is entitled to compensation for any additional damages as provided by law.
14.2 Transports in Association with Warehousing Assignments
Transport services are included in warehousing assignments only when expressly agreed in writing between BLS and the Customer.
15.Liability of the Customer in Transport and Warehousing
The Customer shall not hold BLS liable for any damage or loss incurred due to:
Should BLS, in its role as shipper or carrier, become liable for general average contributions, claims from third parties, or other liabilities in connection with the carriage of the Customer’s goods, the Customer shall not hold BLS responsible.
16.EDI
The Customer shall ensure that all information transmitted to BLS via Electronic Data Interchange (EDI) complies with the conditions specified in the EDI agreement. The Customer is responsible for any errors and associated costs resulting from non-compliance with the EDI agreement.
17.Force Majeure
BLS shall be released from its obligations under any assignment—and from any associated liability—if BLS is prevented from performing due to force majeure or circumstances similar to force majeure that are beyond its control and could not have been reasonably foreseen. BLS shall promptly notify the Customer when such circumstances occur and when they cease. If such circumstances persist for at least thirty (30) days, either party may terminate the assignment after a notice period equivalent to the contractual notice period (or immediately if no notice period applies).
18.LIEN
BLS retains a lien on goods in its custody for any deferred costs, including fees and warehousing charges, as well as for any other receivables from the Customer related to the assignment. If the goods are lost or destroyed, BLS reserves similar rights to recover compensation from insurance companies, carriers, or others. Should the amount due remain unpaid, BLS has the right to arrange for the sale of sufficient goods to cover the outstanding balance—including any expenses incurred—in a manner satisfactory to BLS. BLS will, where possible, provide the Customer with advance notice regarding any intended sale actions.
BLS is also entitled to set off any claims the Customer may owe against any outstanding debts.
19.LIMITATION
Any claims against BLS must be made within one (1) year; otherwise, the claim may be waived. For reduction or damage to goods, the claim period begins on the day the goods are delivered to the Customer, consignee, or designated recipient. If the Customer is informed of—or should reasonably have been aware of—the reduction or damage, the period starts from that point. In cases of delay, loss, or damage, the period commences from when such issues should have become apparent to the Customer.
20.EXPORT CONTROL
The Customer must comply with all applicable export control and sanctions laws and regulations (“Export Laws”). In particular, the Customer warrants that:
The Customer shall provide BLS with all required information, including permits and licenses, so that BLS can comply with its legal obligations during the delivery of the shipment. The Customer also acknowledges that BLS will process any provided information and personal data in order to meet its compliance obligations.
21.DISPUTES
Any disputes arising from an assignment, tender, or agreement shall be resolved in accordance with the applicable laws governing such agreements. The venue and jurisdiction for dispute resolution will be determined based on BLS’s principal place of business or as mutually agreed upon in writing between the parties.
General terms and conditions
1. Applicability
2. Definitions and headings
3. Validity of tender/agreements
4. Limited liability
5. Claims
6. Claims assistance
7. Value added taxes/charges
8. Terms of payment
9. Price Adjustments
10. Goods not accepted
11. Dangerous goods and other goods requiring a separate agreement
12. Specific conditions for transport assignments
13. Additional provisions for domestic road transport
14. Insurance and liability
15. Liability of the customer in transport and warehousing
16. EDI
17. Force Majeure
18. Lien
19. Limitation
20. Export Control
21. Disputes
