Terms & Conditions
The Terms and Conditions of Service set forth below shall apply to all services performed by Bobac C.F.S. Corp. (“Bobac”) and shall constitute a binding contract between Bobac and the Customers, Shippers, Third Parties and Consignees to or for whom it provides services.
(a) “Bobac” means Bobac C.F.S. Corp., its subsidiaries, related companies, shareholders, employees, agents and/or representatives.
(b) “Customer” means the Customs Brokers and any other persons to or for whom Bobac provides services and to its (or his or her) agents and employees.
(c) "Shipper" means the person named as the “shipper” in any shipper’s instructions, receipt, truck tag, delivery order, bill of lading or other document which concerns the goods tendered to Bobac for handling and/or storage, and any and all agents and/or representatives of the Shipper, including, but not limited to, secured parties, buyers and/or sellers, shipper’s agents, insurers and underwriters, break-bulk agents, Customs Brokers and consignees.
(d) "Third Party" means any person or entity which asks Bobac to send it bills for services performed on behalf of another person or entity, including the owner of the goods, the shipper, and the consignee. (e) "Consignee" means the person named as the “consignee” on any shipper’s instructions, receipt, truck tag, delivery order, bill of lading or other document, as well as the owner of the Goods and any and all other person who may be lawfully entitled to possession of the goods tendered to Bobac.
(f) "Goods" means articles of every kind or description, including their packaging, containers, or other shipping units or materials as identified on the face of any shipper’s instructions, receipt, truck tag, bill of lading or other document which concerns the goods tendered to Bobac.
2. Responsibilities of Bobac
Bobac acts only as a contractor for the Customer, Shipper, Third Party and Consignee in connection with the handling and/or storage of the Goods tendered to it and does not assume liability as a carrier. Bobac assumes only the obligation to use reasonable care in the handling and/or storage of goods for its customers.
All claims which arise from the acts or conduct of a person or firm other than Bobac shall be brought solely against such person or firm. Bobac shall reasonably cooperate with the Customer, Shipper, Third Party and Consignee in connection with any such claims. Customer, Shipper, Third Party and Consignee agree, jointly and severally, to pay any charges or costs incurred by Bobac in doing so.
3. Customer/Shipper/Consignee Warranties
Customer, Shipper, Third Party and Consignee, jointly and severally, warrant and represent as follows:
(a) Customer is authorized to enter into this agreement, including without limitation the terms set forth herein which limit Bobac’s liability, on behalf of the Shipper, Third Party and Consignee and all other persons with an interest in the goods;
(b) The amount and description of any Goods tendered to Bobac for transportation, handling and/or storage as set forth on the face of any shipper’s instructions, receipt, truck tag, delivery order, bill of lading or other document provided to Bobac is accurate;
(c) The goods tendered for handling and/or storage are not “unacceptable goods” as described in paragraphs 4(a) through 4(h) below;
(d) The Goods have been properly packed, marked and secured to ensure safe transportation, handling, storage and/or delivery with ordinary care;
(e) Any shipping container or unit not provided by Bobac is physically suitable, sound and structurally adequate to contain and support the Goods;
(f) The Goods have been packed in compliance with any applicable governmental laws or regulations which pertain to transport, storage and/or delivery of the goods.
Customer, Shipper, Third Party and Consignee, jointly and severally, agree to indemnify Bobac and hold it harmless from any claims which may arise as a consequence of any breach of the foregoing representations and warranties, including, without limitation, attorneys’ fees and expense and claims for personal injury or property damage.
4. Unacceptable Goods
The following goods are unacceptable goods and shall not be accepted for handling and/or storage:
(a) Valuables, including articles which have a value, whether declared or not, of more than $500.00 per pound, unless Bobac has consented to transport or store such Goods in a separate writing;
(b) Gold, platinum or other precious metals or any products thereof;
(c) Paper money, coins, marketable securities, traveler's checks, stamps and bank cards or credit cards which are valid or in usable condition;
(d) Precious gems, including diamonds, rubies, emeralds, sapphires, opals, pearls (including cultured pearls), and ornaments and accessories made therefrom or incorporating such articles;
(f) Human remains and ashes;
(g) Dangerous or hazardous articles, including, without limitation, explosives, gases, flammable liquids, or combustible solids, oxidants, poisons or substances which easily disseminate viruses, radioactive substances, corrosive substances, and other harmful materials, unless (i) Customer, Shipper, Third Party, or Consignee delivers a written notice to Bobac, prior to tender of the Goods, which describes the nature of the goods and the hazardous classification of the Goods and (ii) Bobac agrees in writing to handle the Goods;
(h) A shipment of Goods with a declared value in excess of $10,000.00, unless an officer of Bobac agrees to special terms and conditions with the Customer, Shipper, Third Party and Consignee in a separate writing and the applicable additional charge has been paid; and
(i) Other Goods which Bobac deems to be inappropriate for transportation, handling or storage by Bobac.
5. Transportation, Handling and Storage Charges
(a) Quotations regarding the charges, handling fees, storage fees, insurance premiums or any other charges given by Bobac are for informational purposes only and are subject to change without notice; no quotation shall be binding unless and until Bobac agrees in writing to undertake the handling and/or storage of the Goods at the specified rate or amount and payment arrangements have been agreed upon.
(b) Customer, Shipper, Third Party and Consignee, jointly and severally, agree to pay all storage and other charges payable for the Goods described on the face of any shipper’s instructions, receipt, truck tag, delivery order, bill of lading or other document provided to Bobac.
(c) Customer, Shipper, Third Party and Consignee acknowledge that the freight and other charges collected or determined to be due at the time of receipt by Bobac have been established based upon their representations concerning the Goods to be handled and/or stored, and that additional charges may be due if the representations are later determined to be inaccurate.
(d) Bobac shall have a general and continuing lien on all Goods and documents delivered to Bobac by the Customer, Shipper, Third Party or Consignee for all charges which are payable to Bobac by the Customer, Shipper, Third Party or Consignee, regardless of whether the charges relate to (i) the Goods and documents upon which the lien is asserted, (ii) Goods previously handled, or (iii) other charges.
(e) Bobac may file a suit for recovery of handling, storage or other charges owed, including amounts which may be due under paragraph 3, in a jurisdiction where the Goods were accepted for handling and/or storage, or in a jurisdiction where a Customer/Shipper/Third Party/Consignee defendant resides or maintains its principal office, at Bobac's option.
(f) In the event that it becomes necessary to retain an attorney to collect freight, storage or other charges owed under these Terms and Conditions or to recover an amount which is due under paragraph 3, Bobac shall be entitled to recover its attorneys' fees and costs in addition to the handling, storage and/or other charges or amounts owed, plus interest.
6. Limitations on Bobac’s Liability
(a) Unless a greater value is declared in writing and delivered to Bobac either before the Goods are tendered or by the end of the business day upon which the Goods are tendered to Bobac, and an additional charge paid therefor, Bobac’s liability shall be limited to the lesser of (i) $.25 per pound or (ii) $1,000. If a greater value for the Goods is declared, there shall be an additional charge of $5 per $100 of excess valuation declared.
(b) Bobac shall not be liable or responsible for consequential, indirect, incidental, statutory or punitive damages, even if it has been put on notice of the possibility of such damages.
Customer, Shipper, Third Party and Consignee agree, jointly and severally, to indemnify, defend, and hold Bobac harmless from any liability, loss, damages, costs, claims and/or expenses, including but not limited to reasonable attorneys’ fees, which Bobac may incur, suffer or be required to pay by reason of a claim, suit or proceeding which arises from their violation of any law or regulation of any state or nation regarding the transport, handling, storage, import, export or delivery of Goods.
8. Advancing Money
Customer, Shipper, Third Party and Consignee agree, jointly and severally, to pay all charges in advance unless Bobac agrees in writing to extend credit. The granting of credit in connection with a particular transaction shall not be considered a waiver of this provision as to other transactions.
To the extent permitted by law, Customer, Shipper, Third Party and Consignee agree that, in the event that any dispute arises concerning the rights and/or responsibilities of the parties with respect to this agreement, the dispute shall be submitted to arbitration before an arbitrator on a panel established by the Transportation Lawyer's Association. The initiation of an arbitration proceeding shall be considered a "suit" for the purposes of paragraph 12 of this Agreement. Notwithstanding the foregoing, Bobac may initiate a lawsuit to obtain pre-judgment attachment remedies; however, any such action shall be stayed pending submission of the underlying dispute to Arbitration unless both parties elect to proceed without Arbitration.
10. Conditions for Filing Suit Against Bobac
(a) Except as is otherwise prescribed by law, Bobac shall be relieved of all liability unless the claimant delivers a written notice of claim to Bobac within (30) days of the event giving rise to claim; the notice shall include a description of the transaction(s) involved which is sufficient to enable Bobac to identify the transaction(s) from its records, a description of the events which give rise to the claim, including the dates the events occurred, and a description of the nature and amount of the loss or damage claimed.
(b) Bobac shall be relieved of all liability unless suit is filed in a proper forum and venue and a copy of the suit is properly served on Bobac within nine months after the date of the loss or damage.
(c) Any suit against Bobac for loss or damage arising out of the transport, handling, storage or delivery of Goods must be filed in the County of Alameda, State of California, United States of America.
11. Modification of These Terms and Conditions
These Terms and Conditions of Service may only be modified, altered or amended in a writing signed by an officer of Bobac.
In the event any paragraph and/or portion of these Terms and Conditions is found to be invalid or unenforceable, the remaining portions of these Terms and Conditions shall remain in full force and effect.
13. Governing Law.
These Terms and Conditions of Service and the relationship of the parties shall be governed by the laws of the State of California.