Terms of Use

Last updated
March 23, 2024

Terms

These terms and conditions of service constitute a legally binding contract between Border Buddy Technologies Inc. (the “Company”) and the “Customer”. In the event the Company renders services and issues a document containing Terms and Conditions governing such services, the Terms and Conditions set forth in such other document(s) shall govern those services.

By accessing the website at https://borderbuddy.com, you agree to be bound by these terms of service, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained on this website are protected by applicable copyright and trademark law.

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on BorderBuddy’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:

  • Modify or copy the materials;
  • Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • Attempt to decompile or reverse engineer any software contained on BorderBuddy’s website;
  • Remove any copyright or other proprietary notations from the materials; or
  • Transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by BorderBuddy at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

The materials on BorderBuddy’s website are provided on an ‘as is’ basis. BorderBuddy makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, BorderBuddy does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall BorderBuddy or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on BorderBuddy’s website, even if BorderBuddy or a BorderBuddy authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of materials

The materials appearing on BorderBuddy’s website could include technical, typographical, or photographic errors. BorderBuddy does not warrant that any of the materials on its website are accurate, complete, or current. BorderBuddy may make changes to the materials contained on its website at any time without notice. However, BorderBuddy does not make any commitment to update the materials.

Links

BorderBuddy has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by BorderBuddy of the site. Use of any such linked website is at the user’s own risk.

Modifications

BorderBuddy may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then-current version of these terms of service.

Governing law

These terms and conditions are governed by and construed in accordance with the laws of the State of Washington, the United States, and the laws of Canada, without giving consideration to principles of conflict of law. Customer and Company: (a) Irrevocably consent to the jurisdiction of the United States District Court and the State courts of Washington State, and the courts of Canada; (b) Agree that any action relating to the services performed by Company shall only be brought in said courts; (c) Consent to the exercise of in-personam jurisdiction by said courts over it; and (d) Further agree that any action to enforce a judgment may be instituted in any jurisdiction.

Additional terms and conditions of service

Definitions: (a) “Company” shall mean Border Buddy Technologies Inc., its subsidiaries, related companies, agents, and/or representatives; (b) “Customer” shall mean the person for which the Company is rendering service, as well as its agents and/or representatives, including, but not limited to, shippers, importers, exporters, carriers, secured parties, warehousemen, buyers and/or sellers, shipper’s agents, insurers and underwriters, break-bulk agents, consignees, etc. It is the responsibility of the Customer to provide notice and copies of these terms and conditions of service to all such agents or representatives; (c) “Documentation” shall mean all information received directly or indirectly from Customer, whether in paper or electronic form; (d) “Ocean Transportation Intermediaries” (“OTI”) shall include an “ocean freight forwarder” and a “non-vessel operating carrier”; (e) “Third parties” shall include, but not be limited to, the following: “carriers, truckmen, cartmen, lightermen, forwarders, OTIs, customs brokers, agents, warehousemen and others to which the goods are entrusted for transportation, cartage, handling and/or delivery and/or storage or otherwise”.

Company as Agent: The Company acts as the “agent” of the Customer solely for the purpose of import customs clearance, including the entry and release of goods and post-entry services. The Company does not handle export licenses, export documentation, or related services. For all other services, the Company operates as an independent contractor.

Power of Attorney (POA) and General Agency Agreement (GAA): To enable the Company to act on the Customer's behalf, the Customer must provide a duly executed Power of Attorney (POA) and General Agency Agreement (GAA). These documents authorize the Company to perform necessary actions and make representations in dealings with CBP, CBSA, and other Government Agencies. The POA and GAA will remain in effect until terminated in accordance with the terms specified in the "Termination" section of these Terms and Conditions.

Termination: In the event that the Agency Agreement and Power of Attorney is terminated and there are any outstanding matters pertaining to the Client for which the Customs Broker has been engaged by the Client and for which the Customs Broker remains liable, the Agency Agreement and Power of Attorney shall continue in force with respect to such matters until such matters are concluded and payment by the Client to the Customs Broker of such funds as may be required to satisfy all outstanding payment liabilities of the Customs Brokers to U.S. Customs and Border Protection (CBP), the Canada Border Services Agency (CBSA), and others (including all Fees and Disbursements) has been made by the Client. These conditions shall be governed by the laws of the State of Washington, the United States, and the laws of Canada, and the Client hereby irrevocably attorns to the Courts of such jurisdictions. The General Agency Agreement and these conditions shall endure to the benefit of and be binding upon the parties and their respective executors, administrators, successors, and assigns.

Limitation of Actions: (a) Unless subject to a specific statute or international convention, all claims against the Company for a potential or actual loss must be made in writing and received by the Company within ninety (90) days of the event giving rise to the claim; failure to give the Company timely notice shall be a complete defense to any suit or action commenced by Customer. (b) All suits against Company must be filed and properly served on Company as follows: (i) For claims arising out of ocean transportation, within one (1) year from the date of the loss; (ii) For claims arising out of air transportation, within two (2) years from the date of the loss; (iii) For claims arising out of the preparation and/or submission of an import entry(s), within seventy-five (75) days from the date of liquidation of the entry(s); (iv) For any and all other claims of any other type, within two (2) years from the date of the loss or damage.

No Liability for the Selection or Services of Third Parties and/or Routes: Unless services are performed by persons or firms engaged pursuant to express written instructions from the Customer, the Company shall use reasonable care in its selection of third parties, or in selecting the means, route, and procedure to be followed in the handling, transportation, clearance, and delivery of the shipment; advice by the Company that a particular person or firm has been selected to render services with respect to the goods shall not be construed to mean that the Company warrants or represents that such person or firm will render such services nor does the Company assume responsibility or liability for any actions(s) and/or inactions(s) of such third parties and/or its agents, and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in the custody or control of a third party or the agent of a third party; all claims in connection with the act of a third party shall be brought solely against such party and/or its agents; in connection with any such claim, the Company shall reasonably cooperate with the Customer, which shall be liable for any charges or costs incurred by the Company.

Quotations Not Binding: Quotations as to fees, rates of duty, customs bond quotations, or other charges given by the Company to the Customer are for informational purposes only and are subject to change without notice; no quotation shall be binding upon the Company unless the Company in writing agrees to undertake the handling of the customs bond or other specified services at a specific rate or amount set forth in the quotation and payment arrangements are agreed to between the Company and the Customer.

Reliance on Information Furnished: (a) Customer acknowledges that it is required to review all documents and declarations prepared and/or filed with the CBP, CBSA, other Government Agencies, and/or third parties, and will immediately advise the Company of any errors, discrepancies, incorrect statements, or omissions on any declaration filed on Customer's behalf; (b) In preparing and submitting customs entries, export declarations, applications, documentation, and/or export data to the United States, Canada, and/or a third party, the Company relies on the correctness of all documentation, whether in written or electronic format, and all information furnished by Customer; Customer shall use reasonable care to ensure the correctness of all such information and shall indemnify and hold the Company harmless from any and all claims asserted and/or liability or losses suffered by reason of the Customer’s failure to disclose information or any incorrect or false statement by the Customer upon which the Company reasonably relied. The Customer agrees that the Customer has an affirmative non-delegable duty to disclose any and all information required to import, export, or enter the goods. (c) Customer acknowledges that the Company may incur Disbursement Fees in the course of providing services, which are additional charges for advancing funds on behalf of the Customer to pay duties, taxes, or other fees to CBP, CBSA, or other Government Agencies. The Customer agrees to reimburse the Company for any Disbursement Fees incurred, in addition to any other fees or charges for services rendered.

Limitation of Liability for Third Parties: Third parties to whom the goods are entrusted for transportation, drayage, delivery, or storage may limit their liability for loss or damage. Border Buddy Technologies Inc. (the "Company") will not be responsible for declaring a higher value for the goods or for obtaining additional coverage. The Customer should arrange any desired additional insurance coverage directly with an insurance provider. In the absence of such arrangements by the Customer, the goods may be tendered to third parties subject to the third party's limitations of liability and terms and conditions of service.

Customs Bonds:  Unless requested to do so in writing and confirmed to the Customer in writing, the Company is under no obligation to procure customs bonds on the Customer’s behalf; in all cases, the Customer shall pay all premiums and costs in connection with procuring requested customs bonds.

CARM Compliance: Effective from the date of CARM implementation, all users of BorderBuddy’s services must comply with the CBSA Assessment and Revenue Management (CARM) requirements. This includes, but is not limited to, the accurate and timely submission of import declarations, adherence to payment terms, and maintenance of records as stipulated by CBSA. Failure to comply with these requirements may result in the suspension or termination of services provided by BorderBuddy. Users are responsible for ensuring they are registered with the CARM Client Portal and that their accounts are in good standing.

Disclaimers; Limitation of Liability: (a) Except as specifically set forth herein, Company makes no express or implied warranties in connection with its services; (b) Subject to (c) below, Customer agrees that in connection with any and all services performed by the Company, the Company shall only be liable for its negligent acts, which are the direct and proximate cause of any injury to Customer, including loss or damage to Customer’s goods, and the Company shall in no event be liable for the acts of third parties; (c) In connection with all services performed by the Company, Customer may obtain additional liability coverage, up to the actual or declared value of the shipment or transaction, by requesting such coverage and agreeing to make payment therefor, which request must be confirmed in writing by the Company prior to rendering services for the covered transaction(s). (d) In the absence of additional coverage under (b) above, the Company’s liability shall be limited to the following: (i) where the claim arises from activities other than those relating to customs brokerage, $50.00 per shipment or transaction, or (ii) where the claim arises from activities relating to “Customs business,” $50.00 per entry or the amount of brokerage fees paid to Company for the entry, whichever is less; (e) In no event shall Company 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.

Advancing Money: All charges must be paid by Customer in advance unless the Company agrees in writing to extend credit to the customer; the granting of credit to a Customer in connection with a particular transaction shall not be considered a waiver of this provision by the Company.

Indemnification/Hold Harmless: The Customer agrees to indemnify, defend, and hold the Company harmless from any claims and/or liability arising from the importation or exportation of customer merchandise and/or any conduct of the Customer, which violates any Federal, State, Provincial, and/or other laws in the United States and Canada, and further agrees to indemnify and hold the Company harmless against any and all liability, loss, damages, costs, claims, and/or expenses, including but not limited to reasonable attorney’s fees, which the Company may hereafter incur, suffer, or be required to pay by reason of such claims; in the event that any claim, suit, or proceeding is brought against the Company, it shall give notice in writing to the Customer by mail at its address on file with the Company.

C.O.D. or Cash Collect Shipments: Company shall use reasonable care regarding written instructions relating to “Cash/Collect” on “Deliver (C.O.D.)” shipments, bank drafts, cashier’s and/or certified checks, and other similar payment documents and/or instructions regarding collection of monies but shall have no liability if the bank or consignee refuses to pay for the shipment.

Costs of Collection: In any dispute involving monies owed to the Company, the Company shall be entitled to all costs of collection, including reasonable attorney’s fees and interest at 15% per annum or the highest rate allowed by law, whichever is less, unless a lower amount is agreed to by the Company.

General Lien and Right to Recover Monies Owed: (a) The Company shall have a general and continuing lien on any and all documentation and customs-related information of the Customer in the Company’s possession or control for monies owed to the Company concerning the customs clearance services provided for the shipment on which the lien is claimed, any prior shipments, and/or both. (b) The Company shall provide written notice to the Customer of its intent to exercise such lien, detailing the exact amount of monies due and owing, as well as any ongoing charges related to the customs clearance services. The Customer shall notify all parties with an interest in its shipment(s) of the Company’s rights and/or exercise of such lien. (c) Unless, within thirty days of receiving notice of lien, the Customer pays the amount due in cash, the Company shall have the right to take necessary legal actions to recover the owed amounts. (d) If the Customer fails to settle the outstanding amount within the specified period, the Company reserves the right to send the debt to a collection agency. Any additional costs incurred in the collection process will be added to the total amount owed. Any net proceeds remaining thereafter shall be refunded to the Customer.

No Duty to Maintain Records For Customer: Customer acknowledges that pursuant to Sections 508 and 509 of the Tariff Act, as amended, (19 USC & 1508 and 1509) and the requirements set forth in the CBSA publication BSF900 - Agreement to maintain records elsewhere than the place of business in Canada, it has the duty and is solely liable for maintaining all records required under the Customs and/or other Laws and Regulations of the United States and Canada; unless otherwise agreed to in writing, the Company shall only keep such records that it is required to maintain by Statute(s) and/or Regulation(s), but not act as a “record keeper” or “recordkeeping agent” for Customer.

Obtaining Binding Rulings, Filing Protests, etc.: Unless requested by Customer in writing and agreed to by Company in writing, the company shall be under no obligation to undertake any pre- or post-Customs release action, including, but not limited to, obtaining binding rulings, advising of liquidations, filing of petition(s) and/or protests, etc.

Preparation and Issuance of Bills of Lading: The Company does not prepare or issue bills of lading, nor does it grant authority to be added as the notify party. Customers are responsible for ensuring that all information on the bill of lading, including the number of pieces, packages, and/or cartons, as well as the cargo weight, is accurate and complete. The Company assumes no responsibility for the preparation, issuance, or accuracy of any bills of lading. Furthermore, should the Customer add the Company as the notify party, the Company shall not be liable for any freight costs or associated charges.

No Modification or Amendment Unless Written: These terms and conditions of service may only be modified, altered, or amended in writing signed by both Customer and Company; any attempt to unilaterally modify, alter, or amend the same shall be null and void.

Compensation of Company: The compensation of the Company for all its services shall be included with and is in addition to the rates and charges of all carriers and all other agencies selected by the Company to transport and deal with the goods. Such compensation shall be exclusive of any brokerage, commissions, dividends, or other revenue received by the Company from carriers, insurers, and others in connection with the shipment. In any referral for collection or action against the Customer for monies due to the Company, upon recovery by the Company, the Customer shall pay the expenses of collection and/or litigation, including reasonable attorney fees.

Severability: In the event any Paragraph(s) and/or portion(s) hereof is found to be invalid and/or unenforceable, then in such event the remainder hereof shall remain in full force and effect.

Non-Disclosure: You, the client, may have provided us with your shipping volumes, your end customers, your pricing, rates, fees, and discounts of your current service provider. Border Buddy Technologies Inc. and its subsidiaries agree not to disclose that information to any other party. BorderBuddy is providing you confidential pricing, rates, fees, and discounts – and we would ask the same courtesy extended – that our information not be shared with any other party without prior written consent from BorderBuddy.

Rates exclude the following unless otherwise specified: Destination arrival charges; destination customs clearance; duties and taxes; inspection fees; fumigation and any related charges; any applicable storage or demurrage charges; certification; legalization; consular fees and any related courier fees; oversized, perishable, or hazardous products.

All transactions are subject to CIFFA terms and conditions. A copy of CIFFA’s Standard Trading Conditions is available on our website: borderbuddy.com.

Ancillary fees related to other government agencies, consulting, compliance, freight, disbursement, third-party charges, and administrative fees are additional. Payment terms are subject to credit approval.

Customs bond quotes are available upon request. If customs bonds are not requested, we cannot be held liable for any issues arising from their absence. Subject to certain exclusions based on product and destination.

Brokerage rates are based on expected volumes disclosed. Volume will be reviewed every six months from the date of account activation to ensure our mutual agreement is met. Rates may be adjusted accordingly based on actual volume and subject to change without notice. All prices are quoted in Canadian funds.

Quotations are based on actual tariffs, bunker fuel surcharge, intermodal fuel surcharge, and currency exchange rates presently in force and subject to change with or without notice.

Rates are subject to space and equipment availability.