Last updated: 04/13/2018
A. BraBox reserves the right to unilaterally modify, amend, change or supplement these BraBox Terms and Conditions, including, but not limited to, the rates, services, features of service, and these Terms and Conditions without notice.
B. The following pages contain the BraBox Terms and Conditions applicable to the transportation of any package, document, envelope, skid, container or other item by BraBox.
C. Rates and service quotations provided by us are based upon information provided by the Customer. Final rates and services may vary based upon the shipment actually tendered and the application of these Terms and Conditions. Rates quoted may vary until the shipment is actually tendered to BraBox.
D. This Agreement and its rights and obligations shall be governed by and construed in accordance with the laws of the State of Florida, United States of America. Should any disputes arise between the parties concerning the validity, effects, rights, breaches, and/or performance of this Agreement which cannot be reconciled, the parties hereto agree that any dispute arising out of or relating to this Agreement must be filed exclusively in Miami-Dade County, Florida and each of the parties hereto consent and agree that jurisdiction and venue are proper in Miami-Dade County, Florida and specifically waive any objections based on forum no conveniens.
SERVICES IN GENERAL
This agreement is entered into by and between BraBox, (herein referred to as “BraBox”, “we”, or “us”) and You (hereinafter referred to as “Customer”, “Sender” or “you”). The BraBox service provides shipping services between the United States and Brazil, which includes the US domestic transportation, screening, consolidation in Miami, Florida, USA, forwarding, air shipment and the local delivery to the address as identified for the shipment or in the “My Account” as the consignee address or any other address assigned by the Customer, and depending on the service selected, all actions required for customs clearance. The Customer will inform BraBox in writing (electronic communication is acceptable) the exact address where the shipment has to be delivered.
1. Account Numbers: means the exclusive number given to each Customer at the end of the registration process.
2. Waybill: means any shipping document, manifest, label, stamp, electronic entry or similar item used to tender shipments to BraBox for transportation.
3. Business Day: means Monday through Friday, excluding government holidays in the United States of America.
4. Chargeable Weight: means the greater of the actual or dimensional weight. For all rating purposes, “length” is the longest side of any package or object.
5. Customer (sender): means the person whose name is listed on the Way bill as the sender.
6. In Good Credit Standing: means the following: (1) that payment on the BraBox account is current; (2) the account is not in “cash-only” status; and (3) for commercial or business accounts, the balance does not exceed the credit limit established by BraBox.
7. Overcharge: means a charge based on an incorrect rate; an incorrect special handling fee; billing a service other than the service selected for the package; billing based on incorrect package or shipment weight; billing to the wrong account number; or any other billing discrepancy, unrelated to a service failure, that results in an incorrect excess charge.
8. Package: means any single parcel or piece with a chargeable weight of 150 lbs. or less. Any fraction of a pound takes the next-higher rate.
9. Proof of Delivery: means electronically captured delivery information, which may include date, time, location and signature of recipient information.
10. Recipient: means the person whose name is listed on the Way bill as the recipient.
11. Shipment: means one or more pieces, either packages or freight, moving on a single Way bill.
12. Transportation Charges: means amounts assessed for movement of a shipment and does not include any other fees or charges that may be assessed under these BraBox Terms and Conditions, such as, but not limited to, declared-value charges, special handling fees, customs duties and taxes, and surcharges.
13. Valid: as it relates to account numbers means a BraBox account number that has been issued by BraBox and that is in good credit standing.
A. Account numbers or client number are issued by BraBox and are nontransferable. Account numbers are issued and used solely at the discretion of BraBox. BraBox may discontinue the use of account, in whole or in part, and may terminate all or any particular accounts and account numbers at any time, for any reason, at its sole discretion. Improper, illegal or any other misuse of your BraBox account may result in loss of discounts, termination of the account and any other recourse that BraBox deems necessary and appropriate, at its sole discretion. Improper, illegal or other misuse includes, but is not limited to, ordering supplies for any purpose other than shipping with BraBox, unauthorized consolidation of shipments owned by different parties or other violations of these Terms and Conditions. If your account has been compromised or stolen, you must inform BraBox immediately and the account may be closed and you may be issued a new account. However, you will be responsible for all charges not contested in writing within fifteen (15) days of the posting of such charge(s) on the closed account. Any supplies, materials, rights or privileges that you acquire by holding a BraBox account number may not be used for any purpose or by any unauthorized person other than for shipping with BraBox, and BraBox may seek damages against you for any improper, illegal or other misuse of your account. If your account is terminated, we reserve the right, at our sole discretion, to deny your application for new or additional BraBox account numbers at any time in the future.
B. BraBox does not offer consumer credit privileges. Any individual shipping for personal use must prepay the shipment charges. Stored-value cards or gift cards cannot be used to open an account; however, such cards may be used for payment when tendering a package at staffed BraBox shipping locations and in conjunction with our credit card or other electronic payment acceptance policy.
C. The party to whom a BraBox account number is issued is liable for all charges to the account, including those resulting from unauthorized use. The account holder is responsible for the safekeeping of the account number. The account number should be released only to those authorized to ship on the account.
D. If the account number is not valid, the shipment will be placed on hold until the problem is resolved by the Customer. BraBox will try to find the correct valid account but the Customer will be responsible for any delay, fee or charge associated with the invalid account number. If a package is held or delivery is otherwise delayed because the account is not in good credit standing, you will not be entitled to a refund or credit of your transportation charges under the Service Failure Money-Back Guarantee Policy. BraBox reserves the right to hold and/or delay any shipment tendered from a Customer whose BraBox account is not in good standing.
E. You must use your BraBox account number to obtain any discount applicable to your account. Use of your BraBox account number constitutes your agreement that all packages shipped by BraBox will be subject to these Terms and Conditions, as modified, amended or supplemented from time to time, with or without notice.
BILLING AND PAYMENT
A. The Customer hereby authorizes BraBox to charge his/her credit card or other electronic payment for the following expenses incurred in the performance of the services:
- Freight expenses for shipment of documents, magazine, catalogs or merchandise according to the rates established by BraBox;
- Depending on the service selected, import taxes and other taxes;
- Expenses with local shipment to destination;
- Insurance costs (the insurance service is optional);
- BraBox will charge the Customer the expenses for domestic US transportation, international freight, customs rights, handling and shipment, as well as possible commission costs if applicable, at the moment the service is requested on the Way bill. BraBox shall not be responsible for any delays caused by expired, denied or void credit card/electronic payment information provided.
B. BraBox reserves the right to verify the method of payment of any shipment and to refuse any shipment for which the method of payment cannot be verified. For the safety of our customers, BraBox may request additional information to verify the identity of the Customer. Such additional information may include:
- Copy of your ID Card or Passport
- Copy of the last credit card statement
- Copy of both sides of credit card
C. BraBox reserves the right to bill the Customer additional amounts, and the Customer hereby consents to the billing of such additional amounts, for all packages that are overweight or require special handling.
D. Electronically captured data will be used for billing purposes.
E. Invoice Adjustments/Overcharges:
- BraBox reserves the right to audit Way bills and shipments made via any means, including, but not limited to, an electronic shipping device to verify service selection and shipment weight. If the service selected or weight entered is incorrect, the Customer hereby authorizes BraBox to make appropriate adjustments to the shipment charges.
- Senders are solely responsible for the entry of accurate shipment information in the online quote form. If the Customer fails to provide or accurately enter this information, the Customer will be billed for any additional charges based on an estimate of the number of packages transported and either the dimensional weight at the time of billing or a standard default weight-per-package estimate, both of which will be determined by BraBox in its sole discretion.
- BraBox will not refund any overcharge or remit any other payments to Customer if the Customer’s account is not in good credit standing.
- BraBox reserves the right, and the Customer hereby consents, to BraBox applying any Overcharge reimbursements to satisfy any amounts due and owing from Customer to BraBox that have been outstanding for more than sixty (60) days.
F. If a federal value-added, consumption or similar tax is applicable to your shipment, BraBox and Customer hereby agree that any such amounts shall be added to the shipping charge without further notice.
G. The Customer and any other party who is liable for payment are responsible for all reasonable costs incurred by BraBox in obtaining, or attempting to obtain, payment for services rendered. Such costs include, but are not limited to, attorneys’ fees, collection agency fees, interest on past due amounts at the rate of eighteen percent (18%) per annum, court costs and any other costs or fees incurred by BraBox.
H. BraBox may transfer and/or assign ownership of any and all rights to collect amounts due and payable to BraBox.
A. All claims for damage, delay (including spoilage claims) or shortage, must be made in writing to BraBox within ten (10) Business days following the delivery of the shipment. All other claims, including, but not limited to, claims for non-delivery must be made in writing to BraBox within four (4) months after the package was tendered to BraBox for shipment.
B. BraBox hereby disclaims any and all liability for claims that are not submitted with the time limits proscribed herein and Customer agrees to hold harmless BraBox from any and all liability if Customer fails to submit its claims within the time limits proscribed herein.
C. Customer’s notice of claim must include complete Customer and recipient information, as well as the BraBox tracking number, date of shipment, number of pieces, and shipment weight. Failure to provide notice of claim in the manner and within the time limits set forth in paragraphs (A) through (B) above, will result in denial of your claim and BraBox will have no liability or obligation to pay your claim.
D. For all claims for non-delivery, written documentation supporting the amount of each Customer claim must be submitted to BraBox within four (4) months after the package was tendered to BraBox for shipment. Such documentation may include original purchase invoices, expense statements, appraisals, final confirmation screen if online order with proof of payment, or other records. All such documents remain subject to verification by BraBox in its sole discretion.
E. BraBox will not act on any notice of claim until all transportation charges have been paid in full. Customer is not permitted to deduct the amount of any claim from any outstanding balance it owes to BraBox.
F. In order to verify any notice of claim for damage, BraBox may request to inspect a damaged shipment at the recipient’s premises or request that the damaged package be returned for inspection at a BraBox facility. Any notice of claim that cannot be inspected for verification will automatically be denied. The Terms and Conditions applicable to the original shipment (including any declared value) will govern the disposition of all claims in connection with the shipment, including any claim relative to the retrieval, inspection or return of the package. When a package is picked up for inspection, a receipt for the damaged package will be provided if requested by the Customer. All of the original shipping cartons, packing and contents must be made available for inspection and retained until the claim is concluded.
G. Except in the case of concealed damage, receipt of the shipment by the recipient without written notice of damage on the Delivery Document is prima facie evidence that the shipment was delivered in good condition.
H. Only one claim can be filed in connection with each shipment. Customer’s acceptance of payment for any claim shall be in full and complete satisfaction of the claim and Customer specifically agrees to hold BraBox free and harmless from any and all liability associated with the shipment for which BraBox paid a claim.
I. Upon payment of the full value of a claim, BraBox, in its sole discretion, may retrieve the package for salvage, and Customer agrees that all right, title and interest in the package shall be transferred to BraBox if requested.
J. All notices of claim must be in writing and sent to:
BraBox International Corporation
Attn: Claims Department
8351 NW 21st Street, Suite #101
Miami, FL 33122 United States
K. Failure to comply with any of the above conditions will result in the denial of your claim.
A. All shipments that cross international borders must be cleared through customs and may also require clearance from other regulatory agencies in the destination country prior to delivery to the recipient.
B. Depending on the service selected:
- Premium: The payments of duties and taxes are included in this type of service and will be effected by BraBox
- Economy: When subject to duties and taxes, it is for the consignee’s responsibility to pay. For more information visit http://www.receita.fazenda.gov.br/aduana/rts.htm
- Caixa Rápida/Fast Box: When subject to duties and taxes, it is for the consignee’s responsibility to pay. For more information visit http://www.receita.fazenda.gov.br
- Bagagem Rápida/Fast Luggage: When subject to duties and taxes, it is for the consignee’s responsibility to pay. For more information visit http://www.receita.fazenda.gov.br
- Mudanca Rápida/Fast Moving: When subject to duties and taxes, it is for the consignee’s responsibility to pay. For more information visit http://www.receita.fazenda.gov.br
C. When shipments are held by customs or other agencies due to incorrect or missing documentation, BraBox may attempt first to notify the recipient. If local law requires the correct information or documentation to be submitted by the recipient and the recipient fails to do so within a reasonable time as we may determine, the shipment may be considered non-deliverable. If the recipient fails to supply the required information or documentation, and local law allows the sender to provide the same, we may attempt to notify the sender. If the sender also fails to provide the information or documentation within a reasonable time as we may determine, the shipment will be considered non-deliverable. Notwithstanding the aforementioned, BraBox assumes no responsibility for its inability to complete a delivery due to incorrect or missing documentation.
D. Shipments requiring additional documentation may be subject to additional transit time. Proper completion of necessary documentation, with complete and accurate shipment information, including the appropriate Harmonized Tariff Code, is the sole responsibility of the Customer.
E. Shipments that contain goods or products that are regulated by multiple government agencies within the destination country (such as the Department of Agriculture, the Food and Drug Administration, the Fish and Wildlife Service and comparable agencies in the destination country) may be subject to additional time for clearance.
F. The sender is responsible for making sure goods shipped internationally are acceptable for entry into the destination country. All charges for shipment to and from countries where entry is not permitted are to be done by the Customer (Sender or Receiver).
G. BraBox assumes no responsibility for shipments abandoned in customs or shipments that may be considered non-deliverable.
A. BraBox does not provide individual consumer credit privileges.
B. For individual Customers (non-business entities) BraBox requires prepayment of services which means that payment in full is required upon service request and prior to BraBox’s acceptance of the package for shipment.
C. As a condition of extending credit privileges, BraBox reserves the right to require business Customers to provide current financial information, agree to bank draft arrangements for payment on account, provide a security deposit or provide a bank letter of credit, all within the sole discretion of BraBox.
D. When credit privileges are extended, BraBox reserves the right to establish and enforce a credit limit on your account. BraBox reserves the right to review, amend or revoke a credit limit on your account at any time with or without cause.
E. The invoice date begins the credit term cycle, and payment is due within fifteen (15) days from the invoice date. Failure to keep your BraBox account current may result in our account being placed on a cash-only status or such other remedial actions as BraBox may request. Cash-only status may impair your ability to use the services of BraBox, delay your shipments and may result in the loss of any applicable discounts.
F. If the account number to be billed is not in good credit standing, the package may be held or stopped in transit until alternative payment arrangements are made. The Money-Back Guarantee Policy does not apply to any accounts that are not in good credit standing.
G. The Customer, and any other party who is liable for payment, is responsible for all reasonable costs incurred by BraBox in obtaining or attempting to obtain payment for services rendered. Such costs include, but are not limited to, attorneys’ fees, collection agency fees, interest at the rate of eighteen percent (18%) per annum on all past due amounts and court costs.
H. Credit privileges will not be restored until Customer has paid all past-due balances in full and all costs, fees and expenses incurred by BraBox in collecting or attempting to collect such balances. BraBox reserves the right to require establishment of electronic funds transfer as a prerequisite to credit restoration. BraBox, in its sole discretion, may decline to restore credit privileges even if all costs, fees and expenses are paid.
I. BraBox may apply any payment it receives from Customer to satisfy outstanding debts on the account.
J. Requests for refunds of payment must be received within thirty (3) days of the date of payment.
DECLARED VALE AND LIMITS OF LIABILITY (NOT INSURANCE COVERAGE)
A. The declared value of any package represents the maximum liability in connection with a shipment of that package, including, but not limited to, any loss, damage, delay, miss-delivery, non-delivery, misinformation. Unless the Customer selects the insurance option transferring risk of loss to BraBox, Customer shall bear any and all risk of any loss of the declared value.
B. Customer may transfer the risk of loss to BraBox by selecting the appropriate insurance option at the moment of requesting the service.
C. The maximum declared value, including the products, freight and transportation charges, per package depends on the service selected.
- Economy: USD$500.00
- Premium: USD$2,500.00
- Caixa Rápida/Fast Box: USD$3,000.00
- Bagagem Rápida/Fast Luggage: USD$3,000.00
- Mudanca Rápida/Fast Moving: USD$5,000.00
D. Any effort to declare a value in excess of the maximum value for each shipping service as defined in Section (C), hereof, shall render all insurances null and void.
E. Any effort to declare a value less than the true commercial value of a product/item/personal belonging for each shipping service as defined in Section (C) hereof, shall render all insurances null and void.
F. Any effort to declare a value more than the true commercial value of a product/item/personal belonging for each shipping service as defined in Section (C) hereof, shall render all insurances null and void.
G. BraBox acceptance for carriage of any shipment bearing a declared value in excess of the allowed maximum value as detailed herein does not constitute a waiver of any provision of the BraBox’s Terms and Conditions as to such shipment.
H. Regardless of the declared value of a package, our liability for loss, damage, delay, miss-delivery, non-delivery, misinformation, or any failure to provide information, will not exceed the repair cost, its depreciated value or its replacement cost, whichever is less.
I. The Customer is responsible for accurately and truthfully providing a declared value for the shipment by means of completing a Declaration of Goods or providing a Receipt, Online Order Confirmation or Invoice proving the monetary value of the commodities for the shipment to BraBox.
J. BraBox will not honor any requests from the Customer to alter, change, modify, or falsify any declared value of a shipment.
Transportation charges may be assessed based on dimensional weight, which is a volumetric standard. Dimensional-weight pricing is applicable on a per-package or per-shipment basis to all shipments packaged by the Customer. BraBox packaging may also be subject to dimensional-weight pricing. If the dimensional weight exceeds the actual weight, charges based on the dimensional weight will be assessed. Customers who fail to apply the dimensional-weight calculation to a package may be assessed dimensional-weight charges from BraBox. See the Dimensional Weight description in the Fees and Other Shipping Information section of these Terms and Conditions.
DUTIES AND TAXES
Depending on the service selected:
- The rate charges by BraBox includes the payment of all taxes and customs rights for the customs clearance of the freight/package at the country of destination, based on the information provided by the Customer. If the information entered by Customer is incorrect or the customs regulations have changed for any other reason that results in increased charges that is not directly cause by BraBox, Customer shall be responsible for all additional charges imposed upon the shipment. Customer hereby consents to BraBox charging any such extra amounts to the Customer’s Credit Card or Electronic Payment on file.
- In order to complete clearance of certain items through customs, BraBox may advance certain duties and taxes as assessed by customs officials. All duties and taxes advanced by BraBox shall be reimbursed by the Customer.
- All duties and taxes will be billed to the sender. If the sender fails to designate a party for payment on the Way bill, duties and taxes will automatically be billed to the recipient where allowed. Regardless of any payment instructions to the contrary, the sender is ultimately responsible for payment of duties and taxes. If transportation charges for a shipment are billed to a credit card or other electronic payment, BraBox reserves the right to settle all uncollected duties and taxes associated with the Customer’s shipment to the credit card or electronic payment account on file.
Export Control Laws Customer specifically warrants that it will not tender any shipments to BraBox if it is listed on the Denied Persons List maintained by the U.S. Department of Commerce. Customer further warrants that it will not attempt to ship to persons or entities listed as Specially Designated Nationals or Blocked Persons by the U.S. Treasury Department. BraBox will not carry shipments that violate any U.S. export laws. BraBox assumes no liability to Customer or any other person for any loss or expense, including, but not limited to, fines and penalties, if Customer fails to comply with any export laws, rules or regulations.
BraBox reserves the right to impose fuel and other surcharges on shipments without further notice to the Customer. The duration and amount of any surcharge will be determined by BraBox at its sole discretion. By tendering shipment to BraBox, the Customer hereby agrees to pay all surcharges imposed by BraBox.
A. By registering on BraBox’s website the Customer authorizes BraBox to inspect all shipments received on their behalf.
B. BraBox reserves the right to open, inspect, document, and photograph all items received at its facilities on behalf of the customer.
C. By no means does the Customer have the right to enforce, demand, or request BraBox to not perform its duty to inspect all shipments.
A. The Customer is responsible for compliance with all laws, statutes and treaties governing the packages it tenders to BraBox for shipment. The Customer hereby agrees not to participate in the shipment, receipt and air transportation of illegal or restricted substances or material such as drugs, money in cash, dangerous goods (explosives, inflammable, chemicals, firearms, living animals, perishables, plants and seeds, pornographic material, jewelry, etc.), or any other article which is forbidden by local law or customs authorities in the country of destination. The Customer bears all responsibility for compliance with the local law and customs of all shipments at the point of origin, point of delivery and all intermediate points in between. BraBox shall not be responsible for merchandise loss due to customs seizure or other appropriation caused by Customer’s breach of this section.
B. The Customer is responsible for any and all violations of law, statute or treaty resulting from its use of the BraBox service. BraBox reserves the right to reject or refuse any object or merchandise which might potentially produce any kind of loss, damage or penalty to BraBox. Customer acknowledges that some kinds of merchandise may require an export license and Customer shall be responsible for providing and submitting to BraBox all required documents necessary for such export licensing. If Customer fails to provide any documents necessary for BraBox to obtain an export license, BraBox will use its best efforts to contact the Customer within five (5) days of the date that it discovers additional information is needed from the Customer. If additional information requested from Customer is not received within forty (40) days, BraBox will use reasonable efforts to return the shipment to the sender or otherwise dispose of the shipment.
C. In addition, the Customer hereby authorizes BraBox to inspect, open and repack every shipment it tenders to BraBox for delivery.
D. Customer is prohibited from tendering the following items for shipment:
- Cash and currency.
- Live plants or animals.
- Dangerous Goods, including:
- a. Hazardous Materials;
- b. Packages with excessive odors;
- c. Packages that are wet or leaking.
- Animal carcasses, excluding animal heads and other parts for taxidermy that may be accepted within the sole discretion of BraBox or packaged meat or poultry products intended for human consumption.
- Human corpses, human body parts, human embryos, or cremated or disinterred human remains.
- Shipments that require a local, state or federal license for their transportation.
- Shipments that may cause damage or delay to equipment, personnel or other shipments.
- Lottery tickets and gambling devices where prohibited by law.
- Hazardous waste, including, but not limited to, used hypodermic needles or syringes, or other medical waste.
- Live insects.
- Shipments or commodities that are prohibited by applicable local, state or federal law.
- Waste or garbage for disposal.
- BraBox is not liable for delay of, loss of or damage to a shipment of any prohibited item. The Customer agrees to indemnify BraBox for any and all costs, fees and expenses BraBox incurs as a result of the Customer’s violation of any local, state or federal laws or regulations or from tendering any prohibited item for shipment.
E. If a dangerous goods shipment damages or contaminates any property, the Customer is solely responsible for and will reimburse and indemnify BraBox for any and all costs, fees, and expenses it incurs in connection with the damage or contamination.
F. BraBox is required by law to report improperly declared or undeclared shipments of dangerous goods to the U.S. Department of Transportation (DOT). The Customer may be subject to fines and penalties under applicable law.
LIABILITIES NOT ASSUMED
A. The liability of BraBox is limited to the declared value of a shipment.
B. Customer hereby acknowledges and agrees that under no circumstances will BraBox, its agents, contractors, employees and affiliates, be liable for any special, incidental or consequential damages, including, without limitation, loss of profits or income.
C. BraBox will not be liable for, nor will any adjustment, refund or credit of any kind be given as a result of, any loss, damage, delay, miss-delivery, non-delivery, misinformation or any failure to provide information, except such as may directly result from the gross negligence of BraBox. BraBox will not be liable for, nor will any adjustment, refund or credit of any kind be given as a result of, any loss, damage, delay, miss-delivery, non-delivery, misinformation or failure to provide information cause by or resulting in whole or in part from:
- The act, default or omission of any person or entity, other than BraBox, including those of any local, state or federal government agencies.
- The nature of the shipment, including any defect, characteristic or inherent vice of the shipment.
- Customer’s violation of any of the Terms and Conditions contained in these BraBox Terms and Conditions, as amended or supplemented, from time to time, with or without notice.
- Customer’s failure to document or provide proper and sufficient packing, securing, marking and addressing of shipments, or use of an account number not in good credit standing or failure to give notices in the manner and time prescribed.
- Perils of the air, public enemies, criminal acts of any person(s) or entities, including, but not limited to, acts of terrorism, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotion, hazards incident to a state of war, local or national weather conditions, national or local disruptions in air or ground transportation networks (as determined by BraBox), strikes or anticipated strikes (of any entity, including other carriers, vendors, or suppliers), labor disruptions or shortages caused by pandemic conditions or other public health event or circumstances, natural disasters (such as earthquakes, floods, hurricanes, etc…), conditions that present a danger to our personnel, and disruption or failure of communication and information systems.
- Compliance by BraBox with verbal or written delivery instructions from the sender, recipient or persons claiming to represent the Customer or recipient.
- Damage or loss of articles packages and sealed by the sender or by person(s) acting on the sender’s behalf, provided the seal is unbroken at the time of delivery, the package retains its basic integrity and the recipient accepts the shipment without noting the damage on the delivery record.
- Erasure of data from or the loss and corruption of data stored on magnetic tapes, files or other storage media, or erasure or damage to photographic images or soundtracks from exposed film.
- The loss of any personal or financial information including, but not limited to, social security numbers, dates of birth, driver’s license numbers, credit card numbers and financial information.
- Any failure of BraBox to retain a copy of the delivery record or a copy of the signature obtained at delivery.
- Any failure of BraBox to honor package-orientation graphics (e.g., “up” arrows, “this end up” markings), “fragile” labels or other special directions concerning packages.
- Customer’s failure to ship goods in packaging approved by BraBox prior to shipment where such prior approval is recommended or required.
- The shipment of fluorescent tubes, neon lighting, neon signs, X-ray tubes, laser tubes, light bulbs, quartz crystal, quartz lamps, glass tubes such as those used for specimens, and glass containers such as those used in laboratory test environments.
- The shipment of scale models (including, but not limited to, architectural models and dollhouses) and prototypes.
- Customer’s use of an incomplete, inaccurate or invalid BraBox account number or failure to provide a valid BraBox account number in good credit standing in the billing instructions on shipping documentation.
- Any failure of BraBox to notify Customer of any delay, loss or damage in connection with a shipment or any inaccuracy in such notice.
- Damage to briefcases, luggage, garment bags, aluminum cases, plastic cases or other items when not enclosed in outer packaging, or other general shipping containers.
- The shipment of perishables.
- The Customer’s failure to provide accurate delivery address information.
- Shipments of any live plants or plant materials.
- Damage to computers, or any components thereof, of any electronic equipment when shipped in any packaging other than the manufacturer’s original packaging, which is undamaged and in cargo worthy condition;
- Any shipment containing an item prohibited from shipment as per these Terms and Conditions.
- Failure of BraBox to meet any deliver commitments for any shipments with an incomplete or incorrect address information.
- Any package where BraBox records do not reflect that the package was tendered to BraBox by the Customer.
- Damages indicated by any shockwatch, tiltmeter or temperature instruments.
- Shipments released without obtaining a signature at addresses where BraBox has a signature release on file or Customer waives the signature release requirement.
- BraBox will not be liable for the failure to provide any services or service options where Customer has failed to select such options.
- Any failure by the Customer to properly label or attach shipping labels to their shipments
- Any failure by the Customer in properly packing their shipments for pick up by means of courier, post, or trucking company.
- Rerouting of shipments by airlines, courier, or trucking companies.
D. Nothing contained in this Agreement nor the performance of any services outlined herein, shall constitute or imply an agency relationship between BraBox as the Customer’s agent or Customer as BraBox’s agent, for any purpose.
LIMITATIONS ON LEGAL ACTIONS
A. All claims by Customer against BraBox will be deemed satisfied or waived if Customer does not initiate such claim within four (4) months of the date of delivery of the shipment or from the date on which the shipment should have been delivered.
B. Customer hereby acknowledges and agrees that timely and complete compliance with the claims notice provisions of these Terms and Conditions are a contractual condition precedent for any relief to Customer whatsoever. Customer hereby waives any and all liability against BraBox if Customer fails to strictly adhere to the Terms and Conditions of this Agreement.
A. Any failure by BraBox to enforce or apply a term, condition or other provision of these BraBox Terms and Conditions does not constitute a waiver of that term, condition or provision and does not otherwise impair our right to enforce such term, condition or provision at any time.
B. The Customer agrees to indemnify and hold BraBox harmless, in case of any claim, loss, fine, tax or complaint for damages, initiated against BraBox by any third-party as a result of any shipment to or from the Customer.
OVERSIZE AND OVERWEIGHT SHIPMENTS
A. The maximum limits for packages tendered to BraBox are 8,500 lbs. and 90 inches high, 120 inches long, and 85 inches wide.
B. Packages that exceed the maximum limits may be refused.
C. Each service, provided by BraBox, has its own maximum dimensions and the weight per package.
D. If a package weighing more than 8,500 lbs. is incorrectly accepted by a BraBox agent, we reserve the right to cancel the shipment and return the package to the Customer at the Customer’s sole cost and expense.
PACKING AND MARKINGS
A. Customer must comply with all applicable local, state and federal law, including those governing packing, marking and labeling for all shipments.
B. All packages must be prepared and packed by the Customer for safe transportation with ordinary care in handling in an express transportation environment. Any articles susceptible to damage as a result of conditions that may be encountered in transportation, such as changes in temperature or atmospheric pressure, must be adequately protected by the Customer with proper packaging. Each shipment must be legibly and durably marked with the name, address and ZIP code of both the Customer