Terms and Conditions

Introduction

These terms and conditions form a binding contract between BoxBee Logistics (“Company” or “BoxBee”) and the “Customer” (or “CUSTOMER” or “Shipper”).
If other documents govern specific services, those terms prevail. BoxBee Logistics is bonded and duly authorized as a property broker with the Federal Motor Carrier Safety
Administration under MC-1713551 for motor carrier transportation services.

1. Definitions

Company/BoxBee Logistics/BoxBee: BoxBee Logistics, its affiliates, subsidiaries, agents, representatives, officers, directors, and employees.

Customer/CUSTOMER/Shipper: The person or entity receiving Company services, including their agents (shippers, importers, etc.), Consignor, Consignee, Bill to Party, or any party directly benefiting from services under these Terms and Conditions. Customers must inform their agents of these terms.

Documentation: All information from the Customer, in any format.

Third Parties: Carriers, truckers, forwarders, customs brokers, warehousemen, and others entrusted with goods.

Shipment (Vehicle): The cargo listed on the Bill of Lading for Carrier transport, or as later documented for BoxBee.

Carrier: The entity selected by BoxBee to transport the Shipment using its own authority and assuming liability.

Specific to General Logistics:

Ocean Transportation Intermediaries (OTI): Ocean freight forwarders and non-vessel operating carriers.

Specific to Motor Carrier Transportation:

Auxiliary Services: Services performed before or after transportation, such as customer-requested storage, arranged by BoxBee.

Bill of Lading: Official shipping document detailing the Shipment, often completed by the Customer or Carrier, authorizing Carrier to accept the Shipment. This includes Delivery Receipts. All Bills of Lading are NON-NEGOTIABLE.

Business Day: Monday through Friday, 8 AM to 5 PM, in the origin or destination local time zones, excluding U.S. Federal holidays and weekends.

Customer Shipping Contract (CSC): The legally binding service agreement between Customer and BoxBee Logistics.

Double Booked/Booking: Booking transport with multiple brokers, which hinders BoxBee’s ability to negotiate fairly with carriers, leading to mistrust, competitive rate increases, and delays.

FAD (First Available Date): The date the Customer states the vehicle is ready for shipping.

Freight Broker: A licensed entity that arranges Customer freight transportation. Freight brokers do not possess or transport property; they mediate between consumers and motor carriers.

Misrepresented Vehicle: The vehicle’s actual description (year/make/model, physical dimensions, modifications, drivability/operability) does not match the information provided by the Customer.

Parties: Includes the CUSTOMER, Consignee, Consignor, BoxBee, and any other person with a present or future interest in the Shipment or acting on their behalf.

Person: Any individual, corporation, LLC, joint venture, trust, partnership, or other entity.

Pickup Window: Estimated dates, typically 1-3 business days after the Customer-provided FAD.

Restrictions: Customer-imposed conditions on pickup or delivery (e.g., contact availability, specific dates/times, and inaccessible locations).

Shipment Details: Customer-provided information for transport setup: pickup/delivery contact info, origin/destination, and accurate notification of any personal items in the vehicle.

2. Company’s Role and Independent Contractor Status

The Company acts as the Customer’s agent for customs entry, export documentation, and government dealings. For all other services, and specifically for the arrangement of motor carrier transportation, BoxBee acts solely as an independent contractor and a freight broker, not an agent for the Carrier or CUSTOMER. BoxBee does not possess or transport property and mediates between consumers and motor carriers. BoxBee does not control or supervise the Carrier or their operations/employees, nor the CUSTOMER or their operations/employees.

3. Quotations

Quotes for fees, rates, or charges are for informational purposes only and can change without notice. No quote is binding unless the Company agrees in writing to the specific rate and payment terms.

Specifically for Motor Carrier Transportation: Tariff quotations for freight and other charges are valid for seven (7) calendar days. Quotes are cost estimates based on market pricing and Customer-provided information, subject to change based on actual vehicle details or unforeseen events beyond BoxBee’s control, such as carrier availability. New tariff quotes may be offered due to market fluctuations, which CUSTOMER can accept or decline.

4. Customer’s Responsibilities and Warranties

Customers must review all documents prepared by the Company and immediately report any errors or omissions. The Company relies on the accuracy of all information provided by the Customer for customs entries, declarations, and applications. Customers must ensure correctness and will indemnify the Company for any claims or losses due to their failure to disclose information or providing incorrect/false statements. Customers have an affirmative duty to disclose all necessary import/export information.

Specifically for Motor Carrier Transportation: CUSTOMER warrants that each Shipment is properly classified, fully described, and, unless otherwise noted on the Bill of Lading, in good condition. CUSTOMER also warrants compliance with all applicable laws, rules, and regulations (e.g., customs, import/export, Hazardous Materials), and will provide necessary documentation.

Additional Customer Responsibilities for Vehicle Shipments:

• Vehicle Preparation: CUSTOMER must prepare the Vehicle for transport by removing all loose parts and fragile accessories (e.g., low-hanging spoilers) and non-permanent, outside-mounted luggage and other racks. CUSTOMER will indemnify BoxBee and the Carrier against claims, damages, or loss from parts detaching during transport.
• Operable Condition: Vehicles must be in good running condition (unless noted), with a fuel level between one-quarter and half a tank.
• Alarm Systems: Customers must disarm any vehicle alarm or provide disarming instructions before transport. If an alarm sounds without a key or instructions, the Carrier may silence it by any means, and BoxBee and the Carrier are not liable for resulting vehicle damage.
• Personal Property: CUSTOMER must remove all luggage and personal property before transport, unless contents were disclosed to and approved by BoxBee. Neither BoxBee nor the Motor Carrier is liable for personal property left in violation of this condition. Undisclosed items are at CUSTOMER’s risk, and CUSTOMER will indemnify BoxBee and the Motor Carrier from related claims. The Motor Carrier will not inventory personal items. CUSTOMER understands Carrier’s cargo insurance may not cover personal items.
• Oversized/Inoperable Vehicles: Additional charges apply for oversized vehicles (e.g., limousines, lifted vehicles, dual/oversized wheels) and inoperable vehicles. CUSTOMER must inquire about these charges and pay them in cash or money order to the Carrier before transport if not notified before pickup.
• Pre-trip and Post-transport Inspection: Before and after transport, the Carrier and Customer will inspect the vehicle for pre-existing exterior damage, documenting it on the Bill of Lading. Both parties will sign the report, acknowledging the condition. Signing without damage notation confirms good condition receipt.
• Toll Charges: Neither BoxBee nor the Carrier is responsible for toll charges incurred by the Customer nor other parties for transported Vehicles. CUSTOMERS must turn off/remove any toll transponders before transport. CUSTOMER releases and holds BoxBee and the Carrier harmless from any such toll charges.

5. Payment Terms

All charges must be paid in advance unless the Company grants written credit. Credit for one transaction does not waive this provision for others.

Specifically for Motor Carrier Transportation: Except for Hawaii shipments (see Term 9), a deposit is due to BoxBee when the Carrier is dispatched. CUSTOMER authorizes BoxBee to verify their credit/debit card upon electronic CSC. For orders $2,299 or more, CUSTOMER authorizes BoxBee to process ACH, electronic bank debits, or Zelle payments. Regular rate orders above $2,299 require only ACH/wire transfer or Zelle. Any balance due at delivery must be paid to the Carrier in cash, cashier’s check, or money order. Business checks are accepted only with BoxBee’s prior written agreement. Certified cashier’s checks or money orders must be payable to the assigned Carrier, not BoxBee. Personal checks or credit cards are NOT accepted for the remaining balance due to the Carrier. CUSTOMER may not offset damage claims or other amounts from deposits or freight charges owed to BoxBee/Carrier, including chargebacks or stop payments.

Forfeiture of Discounts & Collection Costs: All discounts are forfeited if the Customer fails to comply with payment terms. In disputes over money owed, the Company is entitled to all collection costs, including reasonable attorney’s fees and interest (15% per annum or the highest legal rate, whichever is less). Overdue invoices incur a service charge on the outstanding balance, at 2% per month or the highest legal rate, whichever is less. Delinquency may result in declined future purchases and account referral for collection. CUSTOMER agrees to pay all collection costs, including reasonable attorney’s fees and expenses. CUSTOMER is liable for all shipment-related charges, including transportation, fuel, accessory charges, Carrier adjustments, duties, customs, government penalties, fines, taxes, and BoxBee’s attorney fees/legal costs for disputes. CUSTOMER agrees to pay any convenience fees charged by BoxBee for credit card or electronic payments.

Company Compensation: Customer, shippers, consignees, and bill-to parties are jointly and severally liable for Company compensation. Charges may be reversed if a shipment is refused or payment is not made. Company compensation includes and is in addition to carrier/agency rates, and is exclusive of commissions or other revenue from carriers/insurers. For ocean exports, a detailed breakout of charges will be provided upon request. If the Company pursues collection, the Customer will pay collection/litigation expenses, including reasonable attorney’s fees.

6. Claims, Disclaimers, and Limitation of Liability

The Company offers no express or implied warranties except as stated herein. The Company is only liable for its negligent acts that directly cause injury or loss to Customer’s goods. The Company is never liable for third-party acts. BoxBee is solely a broker and does not transport freight itself. CUSTOMER acknowledges that Federal Transportation Law (Carmack Amendment, 49 U.S.C. §14706) governs damage claims against Motor Carriers and interstate tariff payments. Brokers do not possess freight and are not liable for freight/cargo claims. BoxBee is not responsible for insurance issuance, denial, or claim payments. CUSTOMER’s sole remedy for cargo damage is against the Motor Carrier. Carrier’s liability is determined by its Rules Tariff and/or contract with BoxBee, to which CUSTOMER is subject. Carrier’s insurance information is available upon request.

General Claims:

All legal claims against the Company for loss must be in writing and received within 90 days of the event. Failure to provide timely notice is a complete defense.

Accounting Claims:

Disputes regarding invoices, payments, or accounting must be in writing and received within 30 days of the invoice/record date. Claims beyond 30 days will not be reviewed.

Cargo Damage Claims (General Logistics):

• Ocean transportation: within 30 days of cargo receipt at destination.
• Domestic transportation: within 7 days of cargo receipt at the terminal.
• Terminal handling damage: within 7 days of notice to Customer.
• Other claims: within 30 days of loss or damage.

Damage/Freight Claims (Motor Carrier Transportation): BoxBee will attempt to facilitate claim resolution but holds no responsibility or liability for claims; its involvement does not waive its absolute defense to freight claims. The Carrier is responsible for resolving freight claims. All claims should be submitted immediately to BoxBee for timely resolution with the Carrier. If loss or damage is apparent, the Consignee must note it on the Bill of Lading/delivery receipt. For concealed loss/damage, CUSTOMER or Consignee must contact BoxBee within 24 hours of delivery. If CUSTOMER intends to file a claim, BoxBee, Carrier, and/or Carrier’s insurer have the right to inspect the Vehicle at the delivery location. Filing a claim does not waive payment of freight charges, which are necessary for Carrier claim processing. CUSTOMER may not offset claims from freight charges owed to BoxBee or the Carrier. BoxBee may offset freight or other charges owed by CUSTOMER from claim payments made to CUSTOMER by BoxBee or Carrier. If BoxBee pays a claim (at its sole discretion), CUSTOMER automatically assigns claim rights to BoxBee for subrogation. Failure to give timely notice or permit inspection, as required, bars recovery for loss/damage. Claimants must mitigate damages reasonably.

No Liability for Third Parties or Routes: The Company uses reasonable care in selecting third parties, means, routes, and procedures. However, the Company does not warrant third-party services and is not liable for their actions, inactions, delays, or losses while shipments are in their custody. All claims related to third parties must be brought against them directly. The Company will cooperate, but the Customer is responsible for associated costs.

Limitations of Liability:

• Customers can obtain additional liability coverage up to the shipment’s value by requesting and paying for it, with written confirmation from the Company.
• Without additional coverage, the Company’s liability for non-customs brokerage activities is limited to $500.00 per shipment/transaction.
• For “Customs business,” liability is limited to $50.00 per entry or brokerage fees paid, whichever is less.
• The Company is never liable for consequential, indirect, incidental, statutory, or punitive damages, including but not limited to loss of profits, market loss, income loss, attorney’s fees, wrong delivery, property damage, delayed delivery, or failure to attempt delivery, regardless of BoxBee Logistics’ knowledge of such potential damages or losses.
• The Company is not liable for inspection charges, container storage, detention fees, or other costs related to US or foreign customs/port inspections. The Customer, as the cargo owner, is fully responsible for these charges.
• The Company is not liable for loss or damage to cargo after removal from the port of discharge. The Customer assumes all liability for transit from the port of discharge to final delivery and will indemnify the Company against related claims.
• The Company is not liable for personal belongings or undeclared goods inside containers or vehicles. Such items may be discarded, and the Customer is liable for associated costs, inspection charges, and penalties for concealed or undeclared items.
• Neither BoxBee nor the Carrier compensates for loss of Vehicle use or provides reimbursement for rental vehicles due to damage.
• Neither Carrier nor BoxBee is liable for mechanical/electrical failure or operating part failure of the Vehicle.

7. Declaring Higher Value / Insurance

Third parties may limit their liability. The Company will only request excess valuation coverage upon specific written instructions from the Customer, who must agree to pay any charges. Without such instructions, or if the third party refuses, goods may be tendered subject to the third party’s limitations of liability.

Marine insurance is NOT covered in the quoted price. The shipper is responsible for purchasing marine insurance. We can assist with the process upon written request and confirmation, but the Customer pays all premiums and costs.

For Motor Carrier Transportation: CUSTOMER represents having sufficient insurance or being self-insured for any freight damage or loss involving BoxBee’s brokerage services. CUSTOMER acknowledges BoxBee is not obligated to provide cargo insurance and is not legally liable for freight loss, damage, or delay. BoxBee will provide Carrier’s cargo insurance details upon request.

8. Indemnification / Hold Harmless

The Customer agrees to indemnify, defend, and hold the Company harmless from claims and liabilities arising from the importation/exportation of Customer’s merchandise or any Customer conduct violating laws. This includes reasonable attorney’s fees and expenses. Customer, Consignor, and Consignee are jointly and severally liable for all unpaid Shipment charges and must also pay or indemnify BoxBee for any claims, fines, penalties, damages, costs (e.g., storage, handling, re-consignment, return of freight), or other sums incurred by BoxBee due to any violation of these Terms or any default by Customer, Consignor, or Consignee.

9. Lien and Right to Sell

The Company has a general and continuing lien on Customer’s property in its possession for all monies owed, including current and prior shipments. The Company will provide written notice of its intent to exercise the lien. If the Customer does not post cash, a letter of credit, or an acceptable bond (110% of the amount due) within 30 days of notice, the Company can sell the shipment(s) at public or private sale. Net proceeds will be refunded to the Customer.

Specifically for Motor Carrier Transportation: BoxBee holds a lien on the Shipment for all sums due related to this Shipment or other amounts owed by CUSTOMER.

10. Record Keeping

Customers are solely responsible for maintaining records required by Customs and US laws (19 USC §§1508 and 1509). Unless otherwise agreed, the Company only keeps records required by law and does not act as the Customer’s “record-keeper.”

11. Storage Charges and Abandoned Cargo

Abandoned Cargo Storage (General Logistics): Cargo stored by the Company at its terminals for longer than 12 months will be considered abandoned and liquidated (auctioned or through a third-party service). Proceeds will cover Company expenses.

Terminal Storage Charges (General Logistics): Cargo storage at Company terminals is free for 30 calendar days. After 30 days, storage fees of $20.00 per unit per calendar day apply to the Customer’s account. This policy may be altered for specific clients.

Storage at Third Party Locations (General Logistics): The Company will arrange local transportation from third-party locations to its shipping terminals based on market conditions. The Company is not liable for storage fees incurred within 3 business days after cargo is fully paid and released for pickup, or if the Customer requests delivery to a non-default shipping terminal.

12. Specific Service Provisions

O.D. Shipments (General Logistics): The Company will use reasonable care with instructions for “Cash/Collect” or “C.O.D.” shipments but is not liable if the bank or consignee fails to pay.

Customs Rulings & Protests (General Logistics): The Company is not obligated to undertake pre- or post-Customs release actions (e.g., obtaining binding rulings, filing protests) unless specifically requested by the Customer in writing and agreed to by the Company in writing.

Bills of Lading (General Logistics): When preparing bills of lading, the Company is not obligated to specify piece count, package numbers, etc. Unless specifically requested in writing by the Customer and agreed upon, the Company will rely on the cargo weight provided by the Customer.

Important for Vehicle Shipments:

• Loading Time Not Guaranteed: After receiving a vehicle at the warehouse, the time to load the car into a container is NOT guaranteed. The car will be loaded upon container and shipping line availability.
• Cargo Retrieval Costs: Once the cargo is booked, it cannot be retrieved. In order to retrieve the cargo, all the expenses will be the cargo owner’s responsibility.
• Hawaii Shipments (Motor Carrier Transportation): Full payment is required upon order placement. CUSTOMER authorizes BoxBee to negotiate and contract with ocean freight carriers (e.g., MATSON or PASHA) for freight transportation. CUSTOMER understands and agrees to be bound by the ocean freight carrier’s liability limitations, including the Carriage of Goods by Sea Act, 46 U.S.C. §30701. Damage claims for oceanic transports must be submitted directly to the ocean carrier.
• Place of Pickup and Delivery (Motor Carrier Transportation): The Carrier commits to picking up and delivering the Vehicle as near to the Shipper’s or Consignee’s specified address as is legally permissible and safely practicable. However, it is understood that an alternative loading or unloading location may be necessitated by, but not limited to, obstructions such as low-hanging trees or wires, narrow thoroughfares, or restrictions within residential or urban areas. The Carrier reserves the right to alter the pickup and/or delivery location if, in the Carrier’s professional judgment, such alteration is essential for the safe loading or unloading of the Vehicle.
• Delays Related to Vehicle Title and Documentation: The Customer shall bear sole responsibility for any additional charges or delays incurred due to the shipment of a vehicle falling into any of the following categories:
  • Absence or loss of Vehicle Identification Number (VIN);
  • Unsatisfied or incomplete lien;
  • Insufficient or improper lien documentation;
  • Classification as “Parts Only”;
  • Lack of a valid title;
  • Presence of a junk receipt in lieu of a title;
  • Reliance solely on a bill of sale;
  • Absence of records with the Department of Motor Vehicles (DMV); or
  • Any documentation necessitating supplementary paperwork for export.
• Timeliness of Service: BoxBee does not guarantee the pickup, transportation, or delivery of any vehicle by a stipulated date or time. BoxBee shall not be held liable for any loss or damage incurred as a result of any delay, including, but not limited to, delays in ocean transport shipping. NO EXPRESS OR IMPLIED WARRANTIES ARE MADE WITH RESPECT TO DELIVERY TIMES OR DATES.

13. General Provisions

• No Unauthorized Modifications: These terms can only be modified in writing, signed by both the Customer and the Company. Any unilateral attempt to change them is void.
• Severability: If any part of these terms is found invalid or unenforceable, the remaining provisions remain in full force.
• Termination of Service: Both Customer and Company can terminate their business relationship and service at any time, for any reason, without prior notice. These Terms and Conditions will survive termination.
• Waiver: Failure by either party to enforce any Terms and Conditions, exercise any right or privilege, or waive any breach, does not constitute a future waiver of such terms, conditions, provisions, rights, or privileges. All shall remain in full force and effect.
• Back Solicitation (Motor Carrier Transportation): If BoxBee Logistics introduces you to a freight carrier, you agree not to directly solicit services from that carrier or any other carrier whose engagement resulted from BoxBee’s efforts. Should you breach this agreement, BoxBee will be entitled to a fifteen percent commission of the gross revenue you assign to such a carrier for fifteen months, serving as reasonable damages. Furthermore, BoxBee reserves the right to seek an injunction in a competent court at its sole discretion.
• Unexpected Delays: BoxBee is not responsible for shipping delays caused by factors outside our control, such as issues with shipping lines, weather, port authority delays, or war.
• Cancellation (Motor Carrier Transportation): CUSTOMER authorizes BoxBee to process a one-time $149 cancellation fee on their credit/debit card if:
  • CUSTOMER cancels without written notice to info@boxbeelogistics.com (phone/LiveChat requests are not accepted).
  • Written cancellation is received but occurs:
    • Before the estimated pickup window expires.
    • When transport is double-booked with other brokers.
    • When the vehicle description is misrepresented or inaccurate shipment details were provided by CUSTOMER as per the CSC.
    • When CUSTOMER-imposed Restrictions or payment issues cause delay or prevent pickup within the estimated window.
    • Due to pick-up window delays caused by CUSTOMER requests to change a completed CSC or by not completing the CSC.

  Non-refundable deposits can be applied to a new shipment within 6 months of original order cancellation. BoxBee reserves the right to cancel any order at its discretion. Additional fees may apply per our Dispute and Collections policy.

• Refunds (Motor Carrier Transportation): BoxBee will refund all customer payments if:
  • Written cancellation is received before pickup, and the estimated pickup window has expired (barring Customer-imposed Restrictions).
  • Written cancellation is received before pickup, and there was an increase to the quoted tariff as listed in the CSC.
  • BoxBee exercises its right to cancel the order at any time. Fees may apply per hour cancellation policy.

  Cancellation requests must be submitted in writing to: info@boxbeelogsitics.com; phone or LiveChat requests are not accepted.

14. Governing Law and Jurisdiction

These terms are governed by the laws of the State of Oregon, without regard to conflict of law principles. All disputes will be resolved in Portland, Oregon. Customer and Company irrevocably consent to the jurisdiction of Oregon State and Federal courts.

Specifically for Motor Carrier Transportation: These Terms and Conditions, and any applicable action or contract, are governed and interpreted by the laws of the State of Oregon, U.S., without regard to its choice of law provisions. All suits to recover a claim must be exclusively submitted to the jurisdiction of a state or federal court embracing Multnomah County, Oregon. The Parties irrevocably consent to personal jurisdiction and waive all objections thereto. Claims not filed or suits not instituted as per these provisions are waived and will not be paid.

15. Inspection Consent

The Company may inspect shipments. Cargo is subject to security controls and government regulations. The Customer consents to searches/inspections/screenings of all cargo per applicable regulations (e.g., U.S. Transportation and Security Administration).