CARGOBOSS FREIGHT FORWARDING CORP.

TERMS AND CONDITIONS

IMPORTANT NOTICE TO CUSTOMERS

CargoBoss Freight Forwarding Corp., including its officers, employees, agents, and authorized representatives, 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 – Limitation of Liability herein.

Both the Shipper and the Consignee are strongly advised to conduct due diligence before engaging in any transaction. By tendering goods to CargoBoss Freight Forwarding Corp. or otherwise using its services, the Shipper and Consignee acknowledge that they have read, understood, accepted, and agreed to be bound by these Terms and Conditions.

DEFINITIONS

“Shipper” – The person or entity tendering the shipment to CargoBoss Freight Forwarding Corp.

“Consignee” – The person or entity designated to receive the shipment.

“CargoBoss Freight Forwarding Corp.” or “CargoBoss” – CargoBoss Freight Forwarding Corp., including its officers, agents, employees, and authorized representatives.

“Importer of Record” – The party legally responsible for customs declaration and payment of applicable duties and taxes with the Bureau of Customs.

“Force Majeure” – Events or circumstances beyond CargoBoss Freight Forwarding Corp.’s reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, government actions, regulatory actions, and technical or system failures.

GENERAL TERMS

By tendering a shipment to CargoBoss Freight Forwarding Corp. and utilizing its Waybill or services, both the Shipper and the Consignee agree to the following Terms and Conditions.

No employee, agent, or representative of CargoBoss Freight Forwarding Corp. is authorized to alter, amend, or waive these Terms and Conditions unless expressly authorized in writing by a duly authorized officer of the Company.

1. CONSIGNMENT NOTE OR AIR WAYBILL

• This Waybill is NON-NEGOTIABLE.

• The Shipper confirms that this document has been completed either by the Shipper or by CargoBoss Freight Forwarding Corp. on the Shipper’s behalf.

• The Shipper warrants that they are the rightful owner of the goods or are duly authorized to act on behalf of the rightful owner.

2. SHIPPER AND CONSIGNEE OBLIGATIONS & WARRANTIES

The Shipper and Consignee jointly warrant, acknowledge, and agree that:

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

• Each shipment must be clearly marked with the correct CargoBoss unique order number code and securely packed in accordance with Appendix I – Packaging Guidelines.

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

• CargoBoss Freight Forwarding Corp. reserves the right, at its discretion and subject to applicable law, to refuse or discontinue transportation of any shipment.

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

• The Shipper and Consignee are responsible for sending shipments to the correct CargoBoss warehouse based on the selected route, destination city, and freight mode, whether sea or air.

• CargoBoss shall not be liable for additional costs, delays, or rerouting resulting from cargo being sent to an incorrect warehouse. Corresponding charges shall apply based on the warehouse that actually receives the shipment.

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 may vary depending on destination and freight mode.

Accordingly, the Shipper and Consignee agree that:

• It is their responsibility to obtain, use, and provide the correct and current CargoBoss China warehouse address to their supplier, seller, manufacturer, or courier.

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

  • An incorrect, outdated, or incomplete China warehouse address provided or used by the Shipper or Consignee;

  • Shipments sent to the wrong China warehouse, including 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; or

  • Supplier, seller, manufacturer, courier, or other third-party errors resulting from incorrect routing instructions.

If a shipment is delivered to an incorrect CargoBoss warehouse due to an error or instruction attributable to the Shipper, Consignee, supplier, seller, manufacturer, courier, or other third party:

• All additional handling, transfer, storage, rerouting, transportation, or corrective costs shall be borne by the Shipper and/or Consignee;

• CargoBoss does not guarantee any transit time affected by such error; and

• CargoBoss reserves the right to refuse transfer, rerouting, or onward shipment until all applicable outstanding charges have been 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 or used by the Shipper or Consignee.

Unclaimed Cargo & Storage

CargoBoss Freight Forwarding Corp. reserves the right to:

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

• Subject to applicable law, dispose of or auction unclaimed cargo after sixty (60) calendar days for the purpose of recovering unpaid freight, storage, handling, and other outstanding charges; and

• 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, and any items prohibited by Philippine law or applicable regulations are strictly prohibited.

Such goods may be refused, held, surrendered, or reported to the appropriate authorities where required by law.

The Shipper and Consignee shall bear all costs, expenses, penalties, or liabilities arising from the tendering of prohibited or unlawfully declared goods, subject to applicable law.

Fragile Shipments

Glass, ceramics, electronics, perishables, and other fragile or sensitive items are accepted subject to proper packaging requirements and at the Shipper’s and Consignee’s risk.

CargoBoss Freight Forwarding Corp. assumes no liability for damage resulting from the inherent fragility of the goods or inadequate packaging, subject to applicable law and the other provisions of these Terms and Conditions.

4. RIGHT TO INSPECTION

CargoBoss Freight Forwarding Corp., the Bureau of Customs (BOC), the General Administration of Customs of China (GACC), and other authorized government authorities may inspect shipments at any time.

CargoBoss Freight Forwarding Corp. shall not be liable for loss, damage, delay, opening, repacking, seizure, detention, or other consequences resulting from inspections conducted by government authorities or other parties outside CargoBoss Freight Forwarding Corp.’s reasonable control.

5. LIEN ON GOODS

CargoBoss Freight Forwarding Corp. retains a lien on shipments for unpaid freight and related charges and may withhold release or delivery until all applicable charges have been fully settled, subject to applicable law.

6. LIMITATION OF LIABILITY

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

CargoBoss Freight Forwarding Corp. shall not be liable for any loss, damage, delay, or non-delivery of a 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., subject to applicable law.

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

• PHP 25,000.00;

• The actual proven loss;

• The fair market value of the goods at origin;

• The Shipper’s declared value; or

• 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; or

• Delay-related damages of any kind,

to the extent permitted by applicable law.

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

• Improper or insufficient packaging or labeling by the Shipper, Consignee, supplier, seller, manufacturer, or other third party;

• Inherent defect, vice, fragility, deterioration, or nature of the goods;

• Acts or omissions of third-party carriers, customs authorities, warehouse operators, port operators, shipping lines, airlines, subcontractors, or other service providers;

• Confiscation, inspection, seizure, detention, or other action by government authorities; or

• Circumstances otherwise excluded under these Terms and Conditions.

The burden of proving a valid claim and the amount of actual loss shall rest upon the claimant.

Any claim exceeding the limitations stated herein is expressly waived by the Shipper and Consignee to the extent permitted by applicable law.

7. ACTUAL VALUE DETERMINATION

Documents

Compensation for documents shall be limited to the reasonable cost of preparation or reconstitution.

Parcels and Goods

Compensation shall be limited to the lesser of:

• The reasonable repair cost;

• The replacement cost based on the purchase price at origin; or

• The actual purchase price paid by the Shipper, supported by invoices, receipts, payment records, or other acceptable 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, profit margins, 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, incidental, or special damages, including but not limited to:

• Loss of profits;

• Loss of business opportunities;

• Loss of sales or revenue;

• Loss of contracts or customers;

• Market losses; or

• Loss of anticipated savings,

to the extent permitted by applicable law.

9. FORCE MAJEURE & LIABILITIES NOT ASSUMED

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

• Weather disturbances preventing safe operations;

• Natural disasters, including typhoons, floods, earthquakes, fires, and similar events;

• War, terrorism, government actions, labor disputes, strikes, civil disturbances, or emergencies;

• Regulatory or customs inspections, holds, seizures, and delays;

• Network, communications, power, or system failures;

• Improper packaging, documentation, declaration, or labeling by the Shipper, Consignee, supplier, seller, manufacturer, or other third party;

• Acts or omissions of third-party handlers, carriers, warehouse operators, customs authorities, port operators, airlines, shipping lines, or other service providers;

• Port congestion, vessel omissions, rollovers, blank sailings, airline cancellations, or schedule changes; or

• Other circumstances beyond CargoBoss Freight Forwarding Corp.’s reasonable control.

10. TRANSIT TIME DISCLAIMER

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

CargoBoss Freight Forwarding Corp. shall not be liable for delays in transportation, customs clearance, release, or delivery resulting from circumstances outside its reasonable control, including but not limited to:

• Port congestion;

• Vessel schedule changes;

• Vessel rollovers or omissions;

• Customs processing or inspection;

• Airline rescheduling or cancellations;

• Weather conditions;

• Carrier delays; or

• Other operational circumstances beyond CargoBoss Freight Forwarding Corp.’s reasonable control.

No employee, customer service representative, sales representative, or other representative of CargoBoss Freight Forwarding Corp. is authorized to guarantee a specific departure, arrival, clearance, or delivery date unless expressly confirmed in writing by a duly authorized officer of the Company.

11. CLAIMS POLICY

Claims must be submitted within seventy-two (72) hours of delivery through CargoBoss Freight Forwarding Corp.’s designated official claims channel, including its official Facebook Page or such other channel as the Company may designate.

Freight charges and other outstanding charges must be fully settled before claim processing.

Claims must contain sufficient supporting documentation, including, where applicable:

• Photographs of the cargo and packaging;

• Videos;

• Supplier invoices;

• Official receipts or proof of purchase;

• Proof of payment;

• Photographs showing the condition of the packaging; and

• Other evidence reasonably requested by CargoBoss Freight Forwarding Corp.

Incomplete or unsupported claims may be denied, subject to applicable law.

Submission, receipt, investigation, or processing of a claim shall not constitute an admission of liability by CargoBoss Freight Forwarding Corp.

12. CONSOLIDATION & FIFO POLICY

CargoBoss Freight Forwarding Corp. generally processes cargo based on:

• Warehouse receipt;

• Available container or cargo space;

• Routing;

• Carrier and vessel schedules;

• Cargo characteristics;

• Cargo dimensions and weight;

• Customs requirements;

• Safety requirements; and

• Other operational considerations.

Any First-In, First-Out (FIFO) practice is a general operational principle only and does not constitute a guarantee that cargo received earlier will necessarily:

• Be loaded earlier;

• Be shipped or depart earlier;

• Arrive earlier;

• Clear customs earlier; or

• Be released earlier than cargo received at a later date.

CargoBoss Freight Forwarding Corp. reserves the right to determine the appropriate consolidation, loading, routing, container allocation, vessel allocation, and shipment schedule for cargo accepted under its LCL or consolidated freight services.

Differences in departure, arrival, customs clearance, or release dates between shipments shall not, by themselves, constitute a breach, delay, mishandling, or failure of service by CargoBoss Freight Forwarding Corp.

13. LCL CONSOLIDATION, CONTAINER ALLOCATION & SHIPMENT SEPARATION

For LCL (Less-than-Container Load), consolidated, or similar shared-container freight services, the Shipper and Consignee acknowledge and agree that CargoBoss Freight Forwarding Corp. has discretion over:

• Cargo consolidation;

• Container allocation;

• Loading arrangements;

• Routing;

• Vessel allocation; and

• Shipment scheduling,

subject to operational, carrier, customs, and safety requirements.

The Shipper and Consignee expressly understand and agree that:

• Multiple packages, cartons, order numbers, purchase orders, or shipments belonging to the same Shipper or Consignee are not guaranteed to be loaded into the same container, shipment batch, vessel, voyage, or sailing schedule.

• Cargo received at different times, even when intended for the same Consignee or belonging to the same purchase order, supplier, project, transaction, or customer account, may be loaded into separate containers or shipment batches.

• Cargo received at the same time or under the same customer account may likewise be separated into different containers or shipment batches when reasonably necessary due to:

  • Available container space;

  • Cargo dimensions or weight;

  • Cargo classification;

  • Safety considerations;

  • Customs requirements;

  • Loading efficiency;

  • Carrier requirements;

  • Warehouse operations;

  • Routing or scheduling; or

  • Other logistics considerations.

• CargoBoss Freight Forwarding Corp. shall have no obligation to hold, delay, transfer, rearrange, or consolidate cargo solely for the purpose of ensuring that all shipments belonging to a particular Shipper or Consignee are loaded into one container or shipment batch.

• Requests to place multiple shipments, packages, cartons, purchase orders, or order numbers in the same container shall be treated as requests only and shall not constitute a guarantee, commitment, or obligation on the part of CargoBoss Freight Forwarding Corp. unless expressly agreed to in writing by a duly authorized officer of the Company.

• Shipments loaded into separate containers, batches, vessels, voyages, or sailing schedules may have different:

  • Departure dates;

  • Transit times;

  • Arrival dates;

  • Customs clearance dates; and

  • Release dates.

• The separation of shipments into different containers or shipment batches shall not, by itself, constitute loss, delay, mishandling, breach of contract, or failure of service by CargoBoss Freight Forwarding Corp.

• CargoBoss Freight Forwarding Corp. does not guarantee that all packages, cartons, order numbers, purchase orders, or shipments belonging to the same Shipper or Consignee will arrive or become available for release simultaneously.

• CargoBoss Freight Forwarding Corp. shall not be liable for additional costs, business interruption, project delays, loss of profits, loss of sales, penalties imposed by third parties, or other consequential losses arising solely from the separation of cargo into different containers, shipment batches, vessels, voyages, or sailing schedules, subject to applicable law.

By using CargoBoss Freight Forwarding Corp.’s LCL or consolidated freight services, the Shipper and Consignee expressly acknowledge and accept that container allocation and consolidation are operational decisions made by CargoBoss Freight Forwarding Corp. and/or its carriers, agents, warehouses, and logistics partners, and shipment under one container, vessel, voyage, or shipment batch is not guaranteed.

14. PICK-UPS & RELEASE OF CARGO

• Partial pick-ups are not allowed unless expressly authorized by CargoBoss Freight Forwarding Corp.

• Shipments shall be released only upon full payment of all outstanding balances, including freight, importation, storage, handling, delivery, and other applicable charges.

15. PRICING POLICY

• Prices published on the CargoBoss Freight Forwarding Corp. website or otherwise officially communicated by CargoBoss shall apply.

• CargoBoss Freight Forwarding Corp. reserves the right to revise prices, rates, surcharges, fees, and other charges without prior notice, subject to applicable law.

16. NON-PULL-OUT POLICY

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

Any approved pull-out, transfer, return, or redirection shall be subject to applicable:

• Handling fees;

• Storage fees;

• Transportation or transfer charges;

• Documentation charges; and

• Other related expenses.

17. INDEMNIFICATION

The Shipper and Consignee agree to indemnify and hold harmless CargoBoss Freight Forwarding Corp., its officers, agents, employees, and authorized representatives from claims, liabilities, damages, penalties, costs, or expenses arising from:

• Violation of these Terms and Conditions;

• False, inaccurate, incomplete, or misleading shipment declarations;

• Improper documentation or transportation of restricted, prohibited, regulated, or undeclared items;

• Violation of customs, import/export, intellectual property, tax, or other applicable laws; or

• Third-party claims related to the shipment resulting from an act or omission of the Shipper or Consignee.

18. CUSTOMS DOCUMENTATION FOR CONSOLIDATED SHIPMENTS

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, where applicable.

Accordingly, CargoBoss Freight Forwarding Corp. does NOT provide:

• Individual Bureau of Customs (BOC) Official Receipts under the customer’s company name;

• Individual Import Entry Permits under the customer’s company name;

• Individual Goods Declarations under the customer’s company name; or

• Customs documentation identifying the customer as the Importer of Record where the shipment was imported under CargoBoss Freight Forwarding Corp.’s consolidated import arrangement.

CargoBoss provides applicable service invoices for logistics fees, delivery receipts, waybills, and such other documentation as may apply to the service provided.

Customer Responsibility

The Shipper and Consignee are solely responsible for:

• Informing CargoBoss Freight Forwarding Corp. of specific customs documentation requirements before booking or shipping;

• Understanding that consolidated shipping does not produce individual BOC documentation under the customer’s company name; and

• Selecting an appropriate importation arrangement if their business, client, project, accounting, tax, regulatory, or contractual requirements require customs documents under their own company name.

No Liability

CargoBoss Freight Forwarding Corp. shall not be liable for:

• The customer’s inability to obtain individual BOC Official Receipts, Goods Declarations, Import Entries, or similar documentation where consolidated/LCL services were selected;

• Financial loss, project delays, payment withholding, contract issues, audit issues, penalties, or compliance problems arising from the absence of individual BOC customs documentation; or

• Third-party documentation requirements that can only be satisfied through direct importation or another import arrangement.

Acknowledgment

By using CargoBoss Freight Forwarding Corp.’s consolidated/LCL services, the Shipper and Consignee acknowledge that individual BOC Official Receipts, Goods Declarations, and Import Entries will NOT be issued under their company name where CargoBoss Freight Forwarding Corp. or its designated party serves as the Importer of Record.

The Shipper and Consignee waive claims arising solely from this documentation limitation to the extent permitted by applicable law.

19. ELECTRONIC DATA CONSENT

The Shipper and Consignee consent to the use, transmission, issuance, and storage of electronic documents, including:

• Waybills;

• Invoices;

• Billing statements;

• Notices;

• Acknowledgments; and

• Electronic communications,

where permitted by applicable law.

Electronic communications and records may be used as evidence of transactions, instructions, acknowledgments, and agreements to the extent permitted by applicable law.

20. LIMITATION OF ACTIONS

To the extent permitted by applicable law, no legal action arising from a shipment may be brought against CargoBoss Freight Forwarding Corp. more than one (1) year after the date the shipment was tendered or the cause of action accrued, whichever limitation is legally applicable.

21. DISPUTE RESOLUTION & ARBITRATION

Any dispute, controversy, or claim arising from or relating to these Terms and Conditions or services provided by CargoBoss Freight Forwarding Corp. shall first be submitted to arbitration in Las Piñas City, Philippines, before the initiation of court proceedings, subject to applicable law.

The Shipper and Consignee agree to participate in such dispute-resolution process in good faith.

22. SEVERABILITY

If any provision of these Terms and Conditions is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions.

The remaining provisions shall continue in full force and effect to the extent permitted by applicable law.

23. ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between the Shipper, the Consignee, and CargoBoss Freight Forwarding Corp. concerning the matters covered herein and supersede prior agreements, representations, or understandings relating to such matters, except for any separate written agreement duly executed by an authorized representative of CargoBoss Freight Forwarding Corp.

24. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of the Philippines.

APPENDIX I – PACKAGING GUIDELINES

External Packaging

• All shipments must be fully enclosed using sturdy boxes, crates, or heavy-duty poly mailers, as appropriate.

• Packaging must provide adequate coverage and structural integrity suitable for international freight transportation, handling, stacking, loading, unloading, and warehousing.

Internal Protection

• All items must be secured internally to prevent movement.

• Appropriate protective materials should be used, including:

  • Bubble wrap;

  • Foam inserts;

  • Air pillows;

  • Molded cushioning;

  • Dividers; or

  • Other suitable protective materials.

• Fragile or delicate items require additional protection appropriate to their nature.

Fragile & Sensitive Items

Fragile goods, including but not limited to:

• Glassware;

• Ceramics;

• Electronics;

• Displays;

• Lighting products;

• Machinery with delicate components; and

• Similar fragile or sensitive goods,

must be adequately protected, clearly labeled “FRAGILE,” and crated where reasonably necessary to minimize the risk of damage during handling and transit.

A “FRAGILE” label alone does not constitute adequate packaging.

Heavy or Oversized Cargo

• Cargo deemed heavy, oversized, irregularly shaped, or otherwise unsuitable for ordinary carton packaging must be appropriately crated or palletized.

• Such cargo must be securely banded or fastened.

• Exposed corners and vulnerable areas must be adequately reinforced.

Sealing Requirements

• All packaging must be properly sealed using appropriate high-strength packing materials.

• Additional strapping, banding, or reinforcement should be used where necessary for heavy or high-risk loads.

Labeling

• Previous or irrelevant shipment labels and barcodes should be removed or covered.

• The CargoBoss unique order number code must be clearly and securely displayed on the outer packaging and remain visible during normal handling.

Prohibited Markings

Packages must not bear false, misleading, unauthorized, or fraudulent:

• Declarations;

• Customs markings;

• Labels; or

• Other shipment information.

Compliance

Failure to comply with these packaging requirements may result in:

• Refusal of the shipment;

• Delays;

• Repacking requirements;

• Additional handling charges;

• Additional storage charges; or

• Limitation or exclusion of liability to the extent permitted by applicable law.

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

END OF TERMS AND CONDITIONS