Terms & conditions

These General Terms & 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:

The specific terms agreed upon,
Product or service specific terms and conditions,
These General Terms and Conditions,
And any other relevant international or national regulations applicable to international freight transportation, excluding any provisions not applicable to BLS’s scope of operations.

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 set forth herein 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:

BLS: a company specializing in international freight transportation from the USA to Mexico, and freight services to other countries including Peru, Bolivia, Chile, Colombia and Brazil.
EDI: Electronic Data Interchange and similar electronic data communications, based on the Customer having entered into a separate EDI Agreement with BLS.
EDI Agreement: a separate written agreement for electronic data communication under the conditions set forth by BLS.
Dangerous goods: goods that may cause injury or damage to persons, the environment, or property.
Applicable industry standards: the standard international or national freight forwarding and transportation practices applicable to BLS’s operations.
Domestic transport: an agreement on freight forwarding by vehicles on roads within or between locations in the USA.
Product/service specific terms: conditions regarding specific products and options provided by BLS according to separate provisions.
Shipment: the goods listed on one single waybill or transport instruction, loaded onto one vehicle unit from one consignor to one consignee on one single occasion.
Assignment: all of BLS’s transportation, warehousing, and information services covered by or relating to assignments, tenders, or agreements.
Customer: a party who has submitted an assignment to BLS, including any party succeeding such a party.

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

A written tender provided by BLS shall be valid for thirty (30) days from the date specified by BLS, unless otherwise stated in the tender.
If no definite term of agreement or notice period is agreed upon, a notice period of one (1) month shall apply for termination.
Notices of termination must be in writing, and agreements shall terminate on the last weekday of the calendar month.
Limited assignments of a non-recurring nature without any definite term shall remain valid until BLS has completed the assignment and the Customer has fulfilled all related obligations.

4. Limited liability

BLS’s liability for goods is limited in terms of amount and degree of responsibility in accordance with the contract, applicable industry standards, and relevant national and international laws and conventions (such as the CMR Convention and the Montreal Convention).
BLS’s liability for claims arising from customs brokerage services shall be limited to USD 100 per entry or the amount of brokerage fees paid to BLS for the entry, whichever is less. Where such liability relates to a series of errors that are repetitions or continuations of an original error, liability shall be limited to an aggregate of USD 5,000 for any one-year (12-month) period commencing from the original error.
In light of these limitations, BLS recommends that the Customer arrange for cargo insurance to protect its interests.
BLS can arrange cargo insurance upon obtaining a separate written agreement.

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. Such notation must be verified by a BLS representative. The Consignee shall, upon receipt, immediately inspect the goods for hidden damages. Any concealed damage must be reported to BLS as soon as possible, but no later than:

Seven (7) days after receipt of goods warehoused or transported by road,
Fourteen (14) days after receipt of air cargo,
Three (3) days after receipt of goods transported by sea,
Two (2) days after receipt of cargo shipped via International Shipping Service.

BLS shall not be held liable for hidden damages that become apparent during subsequent transport if the goods were previously handled similarly and were not inspected before the latest transport. Claims related to delays should be submitted as soon as possible in accordance with the applicable transport regulations; pick-up times are preliminary and not guaranteed. Both the Customer and the Consignee are responsible for taking all reasonable measures to mitigate further damage. Where BLS has compensated the full value of the goods, BLS reserves the right to take over title to the goods.

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 no later than ten (10) days after the invoice date. In the event of a delay, BLS is entitled to charge penalty interest 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 and fees. Even when post-delivery payment is allowed, the Customer may be required to make advance payments, especially for 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. 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 cannot be withheld or offset 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 increase due to conditions beyond BLS’s control that could not reasonably have been foreseen, such as currency fluctuations, changes in levies, labor market disruptions, or changes in fuel prices, BLS is entitled to adjust the price accordingly.

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 import/export restrictions, 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, assignments will be accepted upon agreement and incur a separate charge per transport.

In cases involving dangerous goods subject to ADR, IATA DGR, RID, IMDG Code or other applicable regulations, the national rules 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 regulations, must use separate documentation, must declare the goods in accordance with the mandatory regulations for the mode of transport, and must apply the required labels. A separate fee applies, and deviations from the scheduled service may occur. BLS will only undertake warehousing of dangerous goods upon a separate written agreement.

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 a dated document or electronic transfer, and upon receipt of the goods with a correctly completed freight document and/or transport instructions. All bookings, standard or with guaranteed transit times, are subject to the conditions specified or confirmed by BLS at the time of booking.

12.2 Means of transport, traffic conditions, and routes

BLS reserves the right to select the means of transport, type of vehicle and transport route, including intermediate loading if necessary. By submitting a transport assignment, the Customer acknowledges that, for sea freight, goods may be carried on deck whether containerized or not, subject to the same liability regime as goods below deck. Assignments assume normal traffic conditions and accessible roads, navigable waterways or permitted flight paths in accordance with applicable laws.

12.3 Packaging material

Goods must be packaged to withstand normal transport handling (including automated sorting) and be properly stowed for the intended mode of transport, without causing damage to other shipments. BLS shall not be liable for 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 loading, the Customer is responsible for the proper stowage and securing of the goods in compliance with national laws. When required, the Customer must also prepare cargo stowage and securing certificates (such as a Container Packing Certificate for maritime transport).

12.5 Transport documents and addressing

The Customer is responsible for ensuring that all information in the transport documents is accurate and complete; any costs arising from incorrect information will be borne by the Customer. Every shipment must be accompanied by correct waybills and/or transport instructions approved by BLS, with delivery addresses conforming to national label standards. For shipments outside the USA and its immediate regions, additional documents may be required, including a commercial invoice with exporter declaration, customs export clearance, a comprehensive export document, and any case-by-case licenses or certificates.

12.6 Price and price calculations

Prices quoted include the services set forth in the tender and/or agreement. In the absence of a tender or 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.

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 the cost allocation between consignor and consignee in the waybill. The Customer shall be liable for all costs arising from failure to pay, credit issues, errors in freight documents, incorrect labeling, inadequate delivery addresses, refusal to accept the goods, or decisions by any governmental authority.

12.8 Booking deviation / deadfreight

If the actual quantity of goods differs from the quantity booked, 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 schedules and/or sailing lists, which do not constitute guaranteed transit times unless explicitly agreed in writing. Errors in freight documents, incorrect labels or incomplete addresses (e.g. PO Box addresses) may result in deviations. Schedules may vary due to holidays, vacation periods or special circumstances. BLS shall not be held liable for delays in pick-up beyond its control.

12.10 Liability of subcontractor

If BLS engages subcontractors for any portion of a transport assignment, the Customer may only direct economic claims 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 written notice is sent. Thereafter, the applicable warehousing agreement shall apply. For domestic road shipments within the USA, BLS assumes additional responsibilities under national regulations, which do not apply to domestic segments that are part of cross-border shipments.

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

BLS is responsible for any damage directly resulting from the cargo area not maintaining the agreed temperature range. BLS shall not be liable if the goods are delivered in a condition making them unable to withstand transport conditions. The consignor is responsible for ensuring the goods are at the proper temperature prior to loading; claims 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, liability is limited to a specified amount per unit weight for the portion 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.

14. Insurance and liability

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 not covered by such insurance, BLS is liable for errors or negligence subject to applicable law, limited to USD 8.33 per gross kilo for the portion 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. BLS’s liability for delay is limited to an amount corresponding to the affected portion of the assignment, with a maximum of 50% of one Basic Amount as determined by applicable national insurance regulations.

14.1 Early termination of warehousing assignment

If BLS’s insurance provider terminates or requires modifications to the insurance agreement, BLS is entitled to terminate the warehousing agreement with three (3) months’ written notice, or to require the mandated modifications. Should the Customer violate the agreement resulting in early termination, the Customer shall compensate BLS for lost fees regardless of which party terminates.

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:

Incorrect, unclear or incomplete information regarding the goods provided by the Customer;
Goods being incorrectly packaged, marked, declared, loaded or stowed by the Customer;
The goods possessing harmful properties that could not reasonably have been foreseen by BLS;
Errors or omissions by the Customer resulting in BLS incurring duties, official taxes, or having to provide security; or
Damage caused to BLS by the negligence, error or omission of the Customer or any party for whom the Customer is responsible.

16. EDI

The Customer shall ensure that all information transmitted to BLS via Electronic Data Interchange 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, and from any associated liability, if prevented from performing due to force majeure or similar circumstances beyond its control that could not reasonably have been foreseen. BLS shall promptly notify the Customer when such circumstances occur and cease. If they persist for at least thirty (30) days, either party may terminate the assignment after a notice period equivalent to the contractual notice period.

18. Lien

BLS retains a lien on goods in its custody for any deferred costs, including fees and warehousing charges, and for any other receivables from the Customer related to the assignment. Should the amount due remain unpaid, BLS has the right to arrange for the sale of sufficient goods to cover the outstanding balance, and will where possible provide the Customer with advance notice. BLS is also entitled to set off any claims the Customer may owe against 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. 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 (“Export Laws”). In particular, the Customer warrants that:

Neither the Customer nor any affiliated party is listed on any applicable sanctions list as a denied or restricted party.
Delivery of the shipment to its final destination, end-user and end-use does not breach any applicable Export Laws.
The Customer will notify BLS if the shipment is subject to any sanctions or export/re-export restrictions.
The Customer has obtained all necessary permits, licenses or governmental authorizations required for delivery.

The Customer shall provide BLS with all required information, including permits and licenses, so that BLS can comply with its legal obligations, and acknowledges that BLS will process such information and personal data to meet its compliance obligations.

21. Disputes

Any disputes arising from an assignment, tender or agreement shall be resolved in accordance with the applicable governing laws. The venue and jurisdiction for dispute resolution will be determined based on BLS’s principal place of business or as mutually agreed in writing between the parties.