Terms and Conditions

IMPORTANT NOTICE TO CUSTOMERS

CargoBoss Freight Forwarding Corp., including its officers, employees, and agents, shall not be liable for any losses or damages except as specifically provided herein. In all cases where CargoBoss Freight Forwarding Corp. or any of its representatives are found liable, such liability shall be strictly limited in accordance with Condition No. 6 herein. Both the Shipper and the Consignee are strongly advised to conduct due diligence before engaging in any transaction and, by using CargoBoss services, agree to be bound by these Terms & Conditions.

DEFINITIONS

  1. "Shipper" – The person or entity tendering the shipment to CargoBoss Freight Forwarding Corp.
  2. "Consignee" – The person or entity designated to receive the shipment.
  3. "CargoBoss Freight Forwarding Corp." – Refers to CargoBoss Freight Forwarding Corp., its officers, agents, employees, and authorized representatives.
  4. Importer of Record – The party legally responsible for customs declaration and payment of duties and taxes with the Bureau of Customs.
  5. "Force Majeure" – Events beyond CargoBoss Freight Forwarding Corp.'s reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, government actions, and technical failures.

GENERAL TERMS

By tendering a shipment to CargoBoss Freight Forwarding Corp. and utilizing this Waybill, both the Shipper and the Consignee agree to the following Terms and Conditions. No employee or agent of CargoBoss Freight Forwarding Corp. is authorized to alter or waive these conditions.

1. CONSIGNMENT NOTE OR AIR WAYBILL

  • This Waybill is NON-NEGOTIABLE.
  • The Shipper confirms that this document has been completed either by themselves or by CargoBoss Freight Forwarding Corp. on their behalf.
  • The Shipper warrants they are the rightful owner or authorized agent of the goods.

2. SHIPPER AND CONSIGNEE OBLIGATIONS & WARRANTIES

The Shipper and Consignee jointly warrant and agree that:

  • The shipment is properly and accurately described and does not contain prohibited items as detailed in Condition No. 3.

  • Each shipment is clearly marked with a unique order number code and securely packed in accordance with Appendix I – Packaging Guidelines.

  • The goods comply with all applicable laws, including but not limited to customs and import/export regulations.

  • CargoBoss Freight Forwarding Corp. reserves full discretion to refuse or discontinue transport of any shipment.

  • CargoBoss Freight Forwarding Corp. may refuse carriage of any shipment deemed unsafe, improperly documented, in violation of applicable laws, or containing restricted or prohibited items.

  • Both the Shipper and Consignee are responsible for sending shipments to the correct CargoBoss warehouse based on the selected route, destination city, and freight mode (sea or air). CargoBoss shall not be liable for additional costs, delays, or rerouting caused by misrouted cargo. Corresponding charges shall apply based on the receiving warehouse.

Warehouse Routing & Address Accuracy

The Shipper and Consignee acknowledge that CargoBoss Freight Forwarding Corp. operates multiple China warehouses servicing different routes, including but not limited to China–Manila and China–Cebu, and that warehouse addresses vary depending on destination and freight mode.

Accordingly, the Shipper and Consignee agree that:

  • It is their sole responsibility to use and provide the correct CargoBoss China warehouse address to their supplier or courier.

  • CargoBoss Freight Forwarding Corp. shall not be liable for any loss, delay, misdelivery, customs issue, or additional cost arising from:

    • Incorrect, outdated, or incomplete China warehouse address provided by the Shipper or Consignee;

    • Shipments sent to the wrong China warehouse (e.g., China–Manila instead of China–Cebu, or vice versa);

    • Shipments sent to an air-freight warehouse instead of a sea-freight warehouse, or vice versa;

    • Supplier or third-party courier errors resulting from incorrect routing instructions.

If a shipment is delivered to an incorrect CargoBoss warehouse due to Shipper or Consignee error:

  • All additional handling, transfer, storage, re-routing, or corrective costs shall be borne solely by the Shipper and/or Consignee;

  • CargoBoss Freight Forwarding Corp. does not guarantee transit times affected by such errors;

  • CargoBoss Freight Forwarding Corp. reserves the right to refuse transfer or onward shipment until all outstanding charges are fully settled.

CargoBoss Freight Forwarding Corp. shall not be responsible for losses or delays resulting from supplier mistakes, third-party delivery failures, or incorrect warehouse information supplied by the Shipper or Consignee.

CargoBoss Freight Forwarding Corp. further reserves the right to:

  • Relocate unclaimed cargo to another storage facility after thirty (30) calendar days;

  • Auction off unclaimed cargo after sixty (60) calendar days to recover outstanding balances;

  • Apply a storage fee of PHP 300.00 per day, commencing seven (7) days from the billing date.

3. PROHIBITED AND FRAGILE SHIPMENTS

  • Prohibited Shipments: Illegal drugs, flammable materials, toxic chemicals, counterfeit goods, replicas, or any items banned by Philippine law are strictly prohibited and may be surrendered to authorities. The Shipper and Consignee shall bear all related costs.
  • Fragile Shipments: Glass, perishables, and other fragile items are accepted strictly at the Shipper's and Consignee’s risk. CargoBoss Freight Forwarding Corp. assumes no liability for damage.

4. RIGHT TO INSPECTION

CargoBoss Freight Forwarding Corp., the Bureau of Customs (BOC), and the General Administration of Customs of China (GACC) may inspect shipments at any time. CargoBoss Freight Forwarding Corp. is not liable for any damage resulting from such inspections.

5. LIEN ON GOODS

CargoBoss Freight Forwarding Corp. retains a lien on all shipments for unpaid freight and related charges and may withhold delivery until all such charges are paid.

6. LIMITATION OF LIABILITY

CargoBoss Freight Forwarding Corp. does not provide “All Risk” coverage and acts solely as a freight forwarder and logistics intermediary.

CargoBoss Freight Forwarding Corp. shall not be liable for any loss, damage, delay, or non-delivery of shipment unless such loss or damage is proven to have been directly caused by the gross negligence or willful misconduct of CargoBoss Freight Forwarding Corp.

In all cases where liability is established, such liability shall be strictly limited to the lowest of the following amounts:

a) PHP 25,000.00;
b) The actual proven loss;
c) The fair market value of the goods at origin;
d) The Shipper’s declared value; ore) Five (5) times the freight charge paid from China to the Philippines.

Under no circumstances shall CargoBoss Freight Forwarding Corp. be liable for:

  • Loss of profits 

  • Loss of business opportunity

  • Market losses

  • Indirect, incidental, special, or consequential damages

  • Delay-related damages of any kind

CargoBoss Freight Forwarding Corp. shall not be liable for loss or damage arising from:

  • Improper packaging or labeling by the Shipper

  • Inherent defect or nature of the goods

  • Acts or omissions of third-party carriers, customs authorities, warehouse operators, or subcontractors

  • Confiscation, inspection, or seizure by government authorities

The burden of proof shall rest solely upon the claimant. Any claim exceeding the above limitations is expressly waived by the Shipper and Consignee.

7. ACTUAL VALUE DETERMINATION

Documents: Limited to the cost of preparation or reconstitution.

Parcels: Compensation shall be limited to the lesser of:

a) the reasonable repair cost;

b) the replacement cost based on the purchase price at origin;

c) the actual purchase price paid by the Shipper, supported by invoices or proof of purchase.

Under no circumstances shall compensation exceed the original purchase price of the goods at origin. Local retail prices, resale values, anticipated selling prices, loss of profits, markups, taxes, shipping charges, or other consequential losses shall not be included in the calculation of compensation.

8. EXCLUSION OF CONSEQUENTIAL DAMAGES

CargoBoss Freight Forwarding Corp. shall not be liable for indirect, consequential, or special damages, including loss of profits, business opportunities, or market losses.

9. FORCE MAJEURE & LIABILITIES NOT ASSUMED

CargoBoss Freight Forwarding Corp. shall not be liable for delays, non-delivery, or failure due to causes beyond its control, including but not limited to:

  • Weather disturbances preventing safe operations,
  • Natural disasters (e.g., typhoons, floods, earthquakes),
  • War, terrorism, government actions, labor disputes, or civil disturbances,
  • Regulatory or customs inspections and delays,
  • Network or system failures,
  • Improper packaging, documentation, or labeling by the Shipper or Consignee,
  • Third-party handlers or customs authorities.

10. TRANSIT TIME DISCLAIMER

All transit times, delivery dates, and estimated arrival schedules provided by CargoBoss Freight Forwarding Corp. are indicative and for reference purposes only. Such timelines are not guaranteed.

CargoBoss Freight Forwarding Corp. shall not be liable for any delay in transportation or delivery, regardless of cause, including but not limited to port congestion, vessel schedule changes, customs processing, airline rescheduling, or operational circumstances.

No employee or representative of CargoBoss Freight Forwarding Corp. is authorized to guarantee specific transit times unless expressly confirmed in writing by a duly authorized officer of the Company.

11. CLAIMS POLICY

  • Claims must be submitted within 72 hours of delivery via CargoBoss Freight Forwarding Corp.'s official Facebook Page.
  • Freight charges must be fully settled before claim processing.
  • Claims require sufficient proof, such as photographs and receipts. Incomplete documentation may result in claim denial.

12. CONSOLIDATION POLICY

CargoBoss Freight Forwarding Corp. applies a First-In, First-Out (FIFO) system. Shipments in China are not subject to consolidation.

13. PICK-UPS

  • Partial pick-ups are not allowed.
  • Shipments will be released only upon full payment of all outstanding balances, including importation fees.

14. PRICING POLICY

  • Prices as published on the CargoBoss Freight Forwarding Corp. website shall apply.
  • CargoBoss Freight Forwarding Corp. reserves the right to revise prices without prior notice.

15. NON-PULL-OUT POLICY

Once goods have arrived at the CargoBoss Freight Forwarding Corp. China warehouse, pull-out requests shall not be accommodated.

16. INDEMNIFICATION

Both the Shipper and Consignee agree to indemnify and hold harmless CargoBoss Freight Forwarding Corp., its officers, agents, and employees from any claims or expenses arising from:

  • Violation of these Terms & Conditions,
  • Improper documentation or transport of restricted/prohibited items,
  • Third-party claims related to the shipment.

17. CUSTOMS DOCUMENTATION FOR CONSOLIDATED SHIPMENTS

17.1 Documentation Limitations

For LCL (Less-than-Container Load) or consolidated freight services, CargoBoss Freight Forwarding Corp. processes shipments under a consolidated import entry, where CargoBoss Freight Forwarding Corp. or its designated broker acts as the Importer of Record for the consolidated shipment.

Accordingly, CargoBoss Freight Forwarding Corp. does NOT provide:

a) Individual Bureau of Customs (BOC) Official Receipts under the customer's company name
b) Individual Import Entry Permits under the customer's company name
c) Individual Goods Declarations under the customer's company name
d) Any customs documentation issued under the customer's name as Importer of Record

CargoBoss provides: Service invoices for logistics fees, delivery receipts, and waybills only.

17.2 Customer Responsibility

The Shipper and Consignee are solely responsible for:

a) Informing CargoBoss of specific customs documentation requirements BEFORE booking 
b) Understanding that consolidated shipping does not produce individual BOC documentation

17.3 No Liability

CargoBoss Freight Forwarding Corp. shall NOT be liable for:

a) Customer's inability to obtain individual BOC Official Receipts or Import Entry when consolidated/LCL services were selected
b) Any financial loss, project delays, payment withholding, contract issues, audit penalties, or compliance problems arising from lack of individual BOC customs documentation
c) Third-party requirements for BOC documentation that can only be obtained through Direct Import

17.4 Acknowledgment

By using CargoBoss consolidated/LCL services, the Shipper and Consignee acknowledge they understand BOC Official Receipts and Import Entry will NOT be issued under their company name, and they waive any claims related to this documentation limitation.

18. ELECTRONIC DATA CONSENT

Both the Shipper and Consignee consent to the use of electronic documents, including waybills, invoices, and communications where permitted by applicable law.

19. LIMITATION OF ACTIONS

No legal action may be brought against CargoBoss Freight Forwarding Corp. more than one (1) year after the date the shipment was tendered.

20. DISPUTE RESOLUTION & ARBITRATION

Disputes shall first be submitted to arbitration in Las Piñas City, Philippines, prior to the initiation of any legal action. Both the Shipper and Consignee agree to waive their rights to file lawsuits until arbitration has been completed.

21. SEVERABILITY

If any provision herein is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

22. ENTIRE AGREEMENT

These Terms & Conditions constitute the entire agreement between the Shipper, the Consignee, and CargoBoss Freight Forwarding Corp. and supersede all prior agreements or understandings.

23. GOVERNING LAW

This Agreement shall be governed by the laws of the Republic of the Philippines.

APPENDIX I – PACKAGING GUIDELINES

  • External Packaging: All shipments must be fully enclosed using sturdy boxes or heavy-duty poly mailers that provide 100% coverage and structural integrity suitable for international freight.
  • Internal Protection: All items must be secured internally to prevent movement, using protective materials such as bubble wrap, foam inserts, air pillows, or molded cushioning. Fragile or delicate items require double-layered protection.
  • Fragile & Sensitive Items: Fragile goods (e.g., glassware, electronics, perishable items) must be bubble-wrapped, labeled "FRAGILE," and crated where necessary to minimize damage during handling and transit.
  • Heavy or Oversized Cargo: Cargoes that are deemed heavy or oversized must be fully crated or palletized and banded securely. Exposed corners should be reinforced.
  • Sealing Requirements: All packaging must be properly sealed with high-tensile strength packing tape. Staples and strapping are recommended for heavy loads.
  • Labeling: Remove all previous shipment labels or barcodes and ensure the CargoBoss unique order number code is clearly displayed on the outer packaging.
  • Prohibited Markings: Packages must not bear any misleading or unauthorized markings (e.g., false declarations or customs labels).
  • Compliance: Failure to comply with these packaging requirements may result in refusal, delays, additional fees, or voidance of liability coverage.

CargoBoss Freight Forwarding Corp. reserves the right to refuse any improperly packaged shipment or to require repacking at the Shipper’s and Consignee’s cost.