BoxLinks, LLC.
Domestic Intermodal
Terms of Use
o Section 1. Application for Terms of Use.
o Section 2. Terms of Use Revisions.
o Section 3. Definition of Terms.
o Section 4. General Rules.
o Section 5. Severability.
o Section 6. Uniform Intermodal Interchange Agreement.
o Section 7. Rail Terminals.
o Section 8. Required Information for the Tender of Each Shipment.
o Section 9. Changes to Shipping Instructions.
o Section 10. Loading Responsibility.
o Section 11. Sourcing Empty Equipment.
o Section 12. Weight Restrictions.
o Section 13. Commodity Restrictions.
o Section 14. Container Use Restrictions.
o Section 15. Excess Dimensions.
o Section 16. Hazardous Material.
o Section 17. Transit Time.
o Section 18. Diversions.
o Section 19. Trans-border Shipments.
o Section 20. Rates.
o Section 21. Payment of Domestic Freight Charges.
o Section 22. Freight Charge Disputes.
o Section 23. Penalty for Intentionally Shipping International Loads as Domestic.
o Section 24. Liability for Cargo Remaining After Empty Return.
o Section 25. Liability and Claims for Loss & Damage to Cargo.
o Section 26. Limits of Liability.
o Section 27. Claims Procedure.
o Section 28. Damage to Container.
o Section 29. Suit Under This Terms of Use.
o Section 30. Force Majeure.
Section 1. Application for Terms of Use.
This Domestic Program Terms of Use (“Terms of Use”) governs the relationship between BoxLinks, LLC. (“BoxLinks”) and any Domestic Customer, on behalf of itself and its disclosed or undisclosed principals, including but not limited to cargo owners. BoxLinks arranges the movement of cargo in containers as an agent of the Domestic Customer; this Terms of Use is not part of the inland contract of carriage between the Domestic Customer and rail and/or motor carrier. THIS TERMS OF USE PUTS ALL DOMESTIC CUSTOMERS AND THEIR CUSTOMER(S) ON NOTICE THAT ALL APPLICABLE RAILROAD AND TRUCKER TERMS OF USE AND DOCUMENTATION IS BINDING ON THOSE PARTIES.
Liability, freight claims, storage charges, weight of lading, released valuation, hazardous materials rules, loading rules, articles not accepted for shipment and all other conditions of the rail carrier contract of carriage as set forth in the individual rail carriers' intermodal Terms of Use and directories, Master Intermodal Transportation Agreement (MITA), memoranda and other documents as published by the rail carriers to govern intermodal shipments on their railroads shall govern the movement, along with the contract provisions furnished herewith. SEE THE FOLLOWING WEBSITES FOR RAILROAD DOCUMENTATION WHICH ARE BINDING ON ALL DOMESTIC CUSTOMERS (as defined below):
● Norfolk Southern Rules Terms of Use
● Canadian National Tariff 9100 http://ecprod.cn.ca/velocity/eDistribution/english/public/PriceDocuments
● BNSF Intermodal Rules and Policies Guide
https://www.bnsf.com/bnsf-resources/pdf/ship-with-bnsf/intermodal/intermodal-r-and-pg.pdf
● CSX Intermodal Service Directory 1
http://www.intermodal.com/index.cfm/channel-partners/customer-tools/plan/service-directories
● Canadian Pacific Tariff 7800 Intermodal Rules
http://www.cpr.ca/en/customer-resources/shipping-guides/intermodal-shipping-guide
Domestic Customer is responsible for any fines or charges levied by the rail carrier for failure to adhere to the rail carrier’s documentation requirements and is liable for any costs, damages, judgments, claims, losses, or expenses resulting from failure of Domestic Customer or anyone acting at the request of Domestic Customer to follow applicable rules and regulations.
Section 2. Terms of Use Revisions.
BoxLinks may revise these Terms of Use at any time without advance notice to Domestic Customer. All parties subject to these terms, including Domestic Customer and its customers, shall be bound by such revisions. All shipments are subject to the terms and conditions of these Terms of Use, and all railroad documentation, as in effect at the time of shipment.
In case of any direct conflict between or amongst the materials provisions of the Terms of Use and any other terms of the above-mentioned documents such as (but not limited to) railroad’s agreements, tariffs, guide, directories, or rules, the provision of this railroad document(s) will supersede and govern.
Section 3. Definition of Terms.
Actual Origin: The point at which a container is loaded.
Actual Destination: The point at which a container is emptied.
Beneficial Cargo Owner: Person who loads cargo or a vehicle for transportation, or any party with an ownership or other legal interest in the cargo.
C.O.F.C.: Container on Flat Car.
Chassis: A wheel assembly constructed to accept mounting of containers.
Container: A reusable shipping conveyance, not less than twenty (20) feet in length nor more than forty-five (45) feet in length, outside measurement, specially designed to facilitate the carriage of goods by BoxLinks or more modes of transport and fitted with devices to enable ready attachment to bogie or chassis.
Conventional Service: Refers to either generic stack or non-double stack movement.
Domestic Customer: Any person utilizing BoxLinks Container and/or any person involved with or benefited from the transportation service arranged by BoxLinks, to include (but not limited to) the signatory of Domestic Intermodal Carrier Agreement on file with BoxLinks and their disclosed or undisclosed principals, a wholesaler of intermodal transportation, an agent, an association or motor carrier, or a Beneficial Cargo Owner. All such persons accept all obligations of “Domestic Customer” in these Terms of Use.
Domestic Shipment: A Shipment where the Actual Origin and Actual Destination of the cargo is within North America and the shipment of the cargo has no prior or subsequent water movement.
Gross Cargo Weight: Total weight of vehicle including cargo, packing materials, pallets and dunnage.
Goods: The whole or part of any cargos, components, materials, and/or parts with respect to which BoxLinks provide intended services.
International Shipment: A Shipment where the Actual Origin and/or Actual Destination is outside North America and/or Shipment has prior or subsequent water movement.
Lading Weight: Weight of cargo within container.
Load: Arrangement, packaging, placement and securement of cargo within vehicle.
Mishandle: Incorrect movement of a container based on the billing instructions, such as the unit moving to the wrong destination.
Misuse: Unauthorized movement of a BoxLinks container with another carrier.
Notify Party: A party that is notified by telephone or fax that a container is ready for loading/unloading or pickup/delivery.
BoxLinks Container: Any container leased or controlled by BoxLinks and provided to Domestic Customer in connection with BoxLinks’ provision of service to Domestic Customer.
Shipment: The whole or any part of the Goods tendered by Domestic Customer and being carried inside of BoxLinks Container(s) for transportation as agreed by BoxLinks.
Street Turn: Sourcing equipment from a previously completed move. Street turns usually occur after a container has been emptied from an import move and is then used for an outbound move.
T.O.F.C.: Trailer on Flat Car.
Terminal or Ramp: An intermodal facility used for loading, unloading and storing containers and trailers.
Ultimate Consignee: Receiver of goods. This may include agents, employees and independent contractors.
Unused Empty: Returning an unused empty container at origin that has been outgated for use under a booking (excluding Street Turns).
Section 4. General Rules.
1. The provisions of these Terms of Use apply to Shipments arranged for any Domestic Customer and its customer(s) by BoxLinks. The term "Domestic Customer" describes the entity with whom BoxLinks deals directly, regardless of whether they are an intermediary, a carrier or cargo owner. It is Domestic Customer's responsibility to make the contents of these Terms of Use and its obligations hereunder known to all cargo interests and ensure compliance with all applicable laws, regulations and rail or truck carrier requirements. And Domestic Customer agrees to timely and fully disclose and provides the contents of these Terms of Use and related responsibilities to all cargo interests.
2. Domestic Customer understands and agrees that BoxLinks is acting only as an agent for Domestic Customer (and its principals if it is not the cargo owner who is the sole Domestic Customer party). BoxLinks acts as nominee for Domestic Customer in arranging domestic rail under its own name. Neither BoxLinks, nor any parent or affiliate company, acts as a freight forwarder or a common or contract carrier of any kind in connection with any Shipment.
3. Domestic Customer agrees on behalf of all cargo interests that neither BoxLinks nor its parent or affiliates shall have liability to any person for cargo or other property loss, damage or delay or for personal injury or other damage occurring at any time unless BoxLinks was proven to be negligent and such negligence caused said losses or damages. .
4. In accordance with the Section 26 of this Terms of Use, The terms and conditions governing railroad liability are contained in the railroad's governing publications and as set forth in the railroad contract clauses furnished herewith. All such terms and conditions apply to handling and movement of cargoes arranged by BoxLinks as agent.
5. These Terms of Use constitute an offer by BoxLinks to perform agency and nominee services. By requesting services, the Domestic Customer accepts this offer and a binding contract is formed thereby, incorporating the obligations set forth herein.
6. Domestic Customer shall execute a BoxLinks Domestic Intermodal Customer Agreement prior to using BoxLinks' services, and all provisions of these Terms of Use shall apply automatically and by way of incorporation to the Domestic Intermodal Customer Agreement when such an Agreement is signed. Acceptance of BoxLinks services is deemed to constitute agreement to all obligations imposed by these Terms of Use, subject to the terms and conditions of the Domestic Intermodal Customer Agreement, and all laws, regulations and rail or truck carrier requirements.
7. Except as set forth in the Domestic Intermodal Customer Agreement or as otherwise agreed in writing, this Terms of Use sets forth the terms and conditions under which BoxLinks will arrange transportation services for Domestic Customer, and all other cargo interests, including cargo owners.
8. Domestics Customer will defend, indemnify, and hold BoxLinks harmless for any and all losses, actions, claims, liabilities, damages, or expenses which may have been caused by breach of any obligation of Domestic Customer under this Terms of Use by Domestic Customer or any customer of Domestic Customer or anyone acting for or on behalf of Domestic Customer, including all attorney's fees and expenses connected with such claims or enforcement of this indemnity obligation.
Section 5. Severability.
If any part, term, item or provision of this Terms of Use be held by a court or by any agency to be unenforceable, illegal, against public policy, or in conflict with any federal, state, or local laws, such part, term, item or provision shall be considered severable from the rest of the Terms of Use without invalidating the remaining provisions hereof. The remainder of the parts, terms, items or provisions shall remain in full force and effect.
Section 6. Uniform Intermodal Interchange Agreement.
BoxLinks will only arrange interchange of Shipments to motor carriers who maintain a current Uniform Intermodal Interchange Agreement (“UIIA”) Participating Party agreement on file with the Intermodal Association of North America (“IANA”) and BoxLinks's UIIA Addendum Agreement. Interested motor carriers should contact BoxLinks's office in Englewood Cliffs, New Jersey for an application at the address listed below:
BoxLinks, LLC
111 Sylvan Ave South Building L2
Englewood Cliffs, NJ 07632
Domestic Customer is responsible for ensuring that all truckers maintain a UIIA and Addendum on file and Domestic Customer is responsible for all claims, losses or damages resulting from failure of a trucker to have a UIIA on file, including attorney's fees and costs, and will defend, hold harmless and indemnify BoxLinks against all such liability.
Section 7. Rail Terminals.
Located on BoxLinks E-booking portal (https://www.BoxLinks.com), hub locations, is a list of rail terminals over which BoxLinks-arranged Shipments are moved. BoxLinks also has available number of empty depots associated with various terminals. As necessary, BoxLinks will change the rail terminals over which shipments are moved. Please reference the website for a list of specific pick up and drop off locations by area.
Section 8. Required Information for the Tender of Each Shipment.
1. Domestic Customer must provide complete and accurate shipping instructions to BoxLinks at the designated BoxLinks origin office (an up to date list is located at https://www.BoxLinks-domesticebkg.com, the BoxLinks Domestic E-booking portal) at least two (2) hours prior to the time the container is tendered to the rail carrier. The advance shipping instructions are necessary to provide time for the EDI billing to flow through to the rail carrier and prevent gate delays. Shipping instructions must include the following:
a. Container Identification (Initial and Number);
b. Origin Rail Terminal;
c. Destination Rail Terminal;
d. BoxLinks Domestic booking number;
e. BoxLinks empty release number (If applicable)
f. Name of Domestic Customer;
g. Notify Party;
h. Beneficial Cargo Owner of Goods/Location Container to be loaded;
i. Actual Receiver of Goods/Location Container to be unloaded;
j. Lading Weight;
k. Equipment Size;
l. Seal Number;
m. Commodity;
n. Customer Reference number (correlates to Domestic Customer’s shipment reference)
o. Hazardous Material Description (if applicable);
p. Special Rate Quote number (if applicable).
2. BoxLinks may audit the information submitted by Domestic Customer as to commodity, Beneficial Cargo Owner of goods, actual receiver of goods, Actual Origin, Actual Destination, applied rate, and other applicable information. Domestic Customer will, upon reasonable request, make available to BoxLinks sufficient documentation to substantiate the above information. If the charge does not apply to the service actually provided then BoxLinks will notify Domestic Customer, who must correct such information immediately.
3. Even after the above requested information has been submitted and Shipment is received or even processed, such Shipment or booking may be subject to hold or rejection at the discretion the rail carrier.
4. BoxLinks agrees to exercise reasonable care to protect the confidentiality of all commercial information provided by the Domestic Customer.
5. Should Domestic Customer submit inaccurate shipping instructions or other shipment particulars to BoxLinks, Domestic Customer shall defend, indemnify and hold harmless BoxLinks, its parent and affiliates for any liability, fines and/or fees that may occur as a result of the inaccuracy, including all legal fees and expenses.
Section 9. Changes to Shipping Instructions.
1. Should a Domestic Customer request changes to the shipping instructions, BoxLinks will make every effort to execute those changes, but shall not be held responsible if such changes cannot be affected timely.
2. Domestic Customers must follow up verbal requests to change shipping instructions with an email to the BoxLinks designated origin office in order to ensure receipt and feasibility of said written requests. In the case of cancelled billing, Domestic Customer must receive e-mail confirmation from BoxLinks confirming the cancellation of billing before such cancellation shall be effective.
3. Domestic Customer shall be responsible for any fines and/or fees levied by rail carriers that may occur as a result of a change in the shipping instructions.
4. Domestic Customer is responsible for submitting destination change requests from original booked destination via email request prior to submitting billing on the website or via EDI. BoxLinks will not accept responsibility for any destination changes that are not confirmed and accepted by BoxLinks operations prior to billing of container.
Section 10. Loading Responsibility.
1. BoxLinks shall have no responsibility for loading and unloading Goods into BoxLinks Container. Loading of container shall be at the Domestic Customer's sole responsibility and expense. Domestic Customer warrants and shall be responsible for the exercise of due care in arranging, packaging, securing, blocking, bracing, and loading in a manner to prevent damage to container, Goods, and carrier's equipment or other property and shall comply with container limitations, Federal, State and local laws and the rules and regulations of the underlying rail carriers as set forth in the individual rail carriers' intermodal Terms of Use, directories, memoranda and other documents. Any expenses, fees, and/or fines resulting from improper loading be for the sole account of the Domestic Customer.
2. Domestic Customer will defend, indemnify, and hold BoxLinks harmless for any and all losses, actions, claims, liabilities, damages, or expenses which may have been caused by breach of any obligation of Domestic Customer under this Terms of Use by Domestic Customer or any customer of Domestic Customer or anyone acting for or on behalf of Domestic Customer, including all attorney's fees and expenses connected with such claims or enforcement of this indemnity obligation.
Section 11. Sourcing Empty Equipment.
1. To obtain empty BoxLinks Containers for domestic shipments through BoxLinks, Domestic Customer can make an equipment reservation online via the Domestic Booking portal (https://www.BoxLinks-domesticebkg.com). Domestic Customer must obtain a BoxLinks Domestic Booking number prior to loading a box with domestic freight.
2. For street turn shipments, Domestic Customer must use the out-gate motor carrier of record and will not street interchange from BoxLinks motor carrier to another motor carrier.
3. It will be the Domestic Customer's responsibility to inspect BoxLinks empty containers for any structural/safety related defects as well as for security and cleanliness. Domestic Customer is responsible for timely rejecting any such equipment which has any defect or other issues. BoxLinks does not warrant any equipment to be free from defects or other issues. Domestic Customer is responsible for the integrity, safety and security of the equipment in their possession.
4. Domestic Customer is responsible for ensuring that any empty container out-gated for a Domestic Shipment is an authorized BoxLinks Container. BoxLinks is not responsible for improperly collected empty containers.
5. If Domestic Customer returns an Unused Empty, Domestic Customer is responsible for any applicable fees.
Section 12. Weight Restrictions.
1. Domestic Customer will solely be responsible for loading and securing the Shipment property into containers under the Intermodal Safe Container Transportation Amendments Act of 1996, 49 U.S.C. Chapter 59.
2. Domestic Customer agrees to abide by all aspects of the Intermodal Safe Container Transportation Amendments Act of 1996. Domestic Customer shall forward all required information to BoxLinks, who shall in turn forward the information to the rail carrier. BoxLinks shall in no way be responsible for the accuracy or completeness of such information.
3. Containers must be loaded in accordance with rail carriers' intermodal requirements and governing law. Domestic Customer is responsible for any charges resulting from the tender of overweight containers including rail carrier fines and the costs of adjusting the shipment's weight.
4. Domestic Customer is liable for all consequences of failure to arrange, package, block, brace, and load with due care (in accordance with container limitations), or failure to follow rail carriers' or legal requirements regarding loading, blocking, bracing, packaging or handling.
Max Container Size and Weight Restriction
General Purpose
20'
40'
40D96
45'
Length
20'-0"
40'-0"
40'-0"
45'-0"
6.058 m
12.192 m
12.192 m
13.716 m
Width
8'-0"
8'-0"
8'-0"
8'-0"
2.438 m
2.438 m
2.4385 m
2.438 m
Height
8'-6"
8'-6"
9'-6"
9'-6"
2.591 m
2.591 m
2.896 m
2.896 m
Max Rail (UP)
45,000 lbs
48,000 lbs
48,000 lbs
48,000 lbs
20412 kg
21772 kg
21772 kg
21772 kg
Section 13. Commodity Restrictions.
1. In addition to any restrictions imposed by the rail carrier, Shipments of the following commodities are prohibited and will only be handled subject to rates and other terms to be mutually agreed by the Parties:
● Flexibags/Bladder
● Personal effects (usually for the military, includes essentially anything that could be found in a house, this includes household cleaners, paint etc. that could be hazardous)
● Steel coils
● Used Vehicles (includes cars, forklifts)
● Used Batteries
● Used Oil
● Used Auto Parts
● Used Machinery
● High tech cargo (anything that requires calibration)
● Coal/Charcoal
● Military Firearms
● Asbestos
● Hides
● Rail Car Wheels
● Stone Slabs
● Used Motor Vehicle
● Processed tobacco/tobacco products
● Precious jewelry/ precious metal
● Valuable works of art
● Live animals
● Computers/handheld electronic products/mobile telephone (and electronic components of these)
● Hazardous Commodities, as defined on the supplemental hazardous restrictions list.
Allowed with exceptions:
● Metal Rods/Bars
● Logs
● House Hold Goods
● New Machinery
● Paper Rolls
● Metal Coils under 3500 lbs per coil, originating on all railroads except UP. Metal Coils under 3500 lbs originating on UP are not restricted.
● New Motor Vehicles
Exceptions being that all commodities must be blocked and braced according to rail carrier bracing guidelines. Commodity must be braced laterally and longitudinally to prevent shifting in transit and cannot exceed our weight restrictions.
2. In the event Domestic Customer requests for movement of or actually moves any of the above mentioned restricted commodities, Domestic Customer will be solely liable for any and all losses, expenses, damages, claims, fines arising from the movement of such commodity and further expressly waives any right to file claims against BoxLinks or the rail carrier. Neither BoxLinks or the rail carrier shall have any liability in relation to such Shipment.
Further Domestics Customer will defend, indemnify, and hold BoxLinks harmless for any and all losses, actions, claims, liabilities, damages, or expenses which may have been caused by the movement of said restricted commodity, including all attorney's fees and expenses connected with such claims or enforcement of this indemnity obligation.
Section 14. Container Use Restrictions.
1. Domestic Customer shall not load BoxLinks containers via rail service to any destination not agreed to by BoxLinks. Domestic Customer shall route containers only over BoxLinks approved routes
2. Domestic Customer will promptly return containers and chassis in good repair and serviceable condition, ordinary wear and tear excepted. Domestic Customer will return containers free of debris, lading, blocking, bracing, strapping, paper, unnecessary hazardous materials placards and contaminants, or will be liable to BoxLinks for all fees, fines, and expenses associated with their removal.
Domestic Customer will remain liable for any damage and repair costs to container that exceeds normal wear and tear. Normal wear and tear, as set forth in the Unified Container Inspection & Repair Criteria (“UCIRC”), may mean the following:
Section 15. Excess Dimensions.
BoxLinks does not arrange transportation for cargo which exceeds the dimensions of the container. Domestic Customer must not make any booking or tender Shipment with BoxLinks. In the event that such Shipment is received, such Shipment is subject to rejection or return to the Customer at the sole cost of the Customer.
Section 16. Hazardous Material.
Under the rules and regulations of The Association of American Railroads (AAR), the Department of Transportation, and applicable local, state and federal laws, a Domestic Customer is legally bound to adhere to the provisions of the AAR Bureau of Explosives 6000 (BOE) and US DOT 49CFR (Code of Federal Regulations) and any other applicable laws and rules for domestic shipment of any such hazardous or dangers goods. Domestic Customer must also comply with TDG (Transport of Dangerous Goods) regulations for Canadian shipments. In addition, all provisions of any carrier's rules, Terms of Use, directives, memoranda, the contract provisions furnished herewith, and all other documents pertaining to the transportation of any cargo, including explosives, dangerous articles, and other hazardous materials are binding on Domestic Customer.
The rail carrier nor BoxLinks has no liability for, or in connection with any damages incurred as a result of transporting hazardous materials, including damages resulting from any accident, leakage, or spillage of such materials, clean-up costs or damages claimed by third parties, if such hazardous materials are not declared in the shipping instructions or which are not correctly identified or certified pursuant to the rules of the underlying carrier(s).
BoxLinks shall have no liability in connection with the transportation of restricted commodity under Section 13 and any goods, materials and commodities in violation of relevant regulations, including the above mentioned regulations. Domestic Customer agrees to be solely responsible will compensate and defend, indemnify and hold harmless rail carrier, BoxLinks, its parent and affiliated companies from and against any liability, loss, damage, claims, fines and demands, including attorney’s fees and any indirect or consequential damages, arising in connection to Domestic Customer’s involvement of restricted commodity under Section 13 and any goods, materials and commodities in violation of relevant regulations, including the above-mentioned regulations.
Additionally, the Domestic Customer will remain responsible for the above losses and damages, including attorneys fees as well as indirect and consequential damages even if such hazardous materials are not declared in the shipping instructions or which are not correctly identified or placarded and prepared for transport and certified pursuant to the rules of the underlying carrier(s).
Domestic Customer is responsible for providing detailed Hazardous information requested by BoxLinks when billing Hazardous cargo. Domestic Customer warrants that all information provided will be accurate and true and that the contents of any consignment will be fully and accurately described by the proper shipping name, and will be classified, packaged, marked and labeled/placarded, and in all respects in proper condition for transport according to applicable international and national governmental regulations. Domestic Customer will be solely responsible for any claims, losses, damages, or fines resulting from a breach of the above warranty.
Section 17. Transit Time.
BoxLinks will encourage rail carriers to transport Shipments in intermodal service within applicable scheduled times, but neither BoxLinks nor rail carrier guarantees delivery by a specific date or time.
Section 18. Diversions.
BoxLinks will make a diligent effort to have the rail carrier execute a request for diversion. However, BoxLinks will not be responsible if such cannot be executed. Diversion requests must be confirmed in writing, including confirmation of agreement to pay specific charges (amount must be stated) quoted at time of request. These charges will be in addition to previously agreed charges for the Shipment.
Section 19. Trans-border Shipments.
Domestic Customer is liable for any additional costs or charges incurred at border crossings on Canadian Shipments. This includes all documentation costs and re-handling charges to reposition containers customs officials have required for inspection.
Section 20. Rates/Matrix
1. Domestic rates may only be used for domestic traffic. International traffic cannot move under domestic rates unless approved by BoxLinks, at its sole discretion.
2. All domestic traffic tendered by Domestic Customer for BoxLinks arranged transportation is governed by charges and conditions of service contained in the BoxLinks’ FAK Rate (Freight for Any Kind) Matrix or by a BoxLinks’ Special Rate. All Special Rates or FAK charges include only ramp-to-ramp linehaul charges. If a Special Rate is being utilized, the Special Rate Quote number must be included on the shipping instructions. Failure to indicate proper Special Rate Quote number on Shipping Instructions will result in FAK charge being assessed.
3. Charges are subject to a rail fuel surcharge (FSC). The FSC is adjusted on the first day of each month. The applicable FSC is based upon the Shipment's in-gate date.
4. All charges will be published with specific effective and expiration dates. BoxLinks may increase charges on not less than seven (7) days' written or e-mailed notice to Domestic Customer. With proper notice, charges may be increased prior to the original expiration date. All charges are based upon the shipment's rail billing date.
5. Seven (7) days prior to the expiration of the BoxLinks FAK Rate Matrix, BoxLinks will post the updated Matrix to the Booking website (https://www.BoxLinks.com). Upon request, the updated Matrix will be individually emailed to Domestic Customers. Domestic Customer may distribute copies to affiliated offices within its organization. However, the BoxLinks rates, including BoxLinks FAK Rate Matrix are confidential and shall not be disclosed to any party not directly affiliated with Domestic Customer without the prior written consent of BoxLinks.
6. Should BoxLinks, in its sole discretion, agree to pay outstanding railroad accessorial charges (i.e. flips, storage, etc.) on behalf of the Domestic Customer, these charges will be billed back to the Domestic Customer.
Section 21. Lien.
BoxLinks will have a right to lien on any part of Shipment and any documents relating thereto for all sums payable (including but not limited to outstanding charges, fines, fees, as well as any damages to BoxLinks Container) to BoxLinks under this Terms of Use unless otherwise expressly and clearly addressed in the Domestic Intermodal Carrier Agreement. BoxLinks will also have the lien right against one Shipment and any document relating thereto for all sums due by Domestic Customer or its agent or contractor to BoxLinks under any other agreement, tariffs, rules, or any other governing document, for the non-payment of charges for another Shipment. BoxLink’s lien right will survive delivery of Shipment, but the delivery of Shipment will not be required. And BoxLinks may also exercise its lien at any time and any place in its sole discretion, whether the contracted service for a Shipment is completed or not. In any event any lien shall extend to cover the cost of recovering any sums due, for that purpose, BoxLinks shall have the right to sell any part of the Shipment by public auction or private treaty, after providing one written notice to Domestic Customer.
Section 22. Payment of Domestic Freight Charges.
1. Domestic Customer must pay or send written notification of dispute on all freight or miscellaneous bills within fifteen (15) of receipt of invoice. Payment shall be made by bank check, cashier's check, ACH, wire transfer, or money order.
2. If Domestic Customer disputes charges, Domestic Customer shall pay the undisputed amount and must provide evidential documentation supporting its claim along with the written notification of dispute within fifteen (15) days of receipt of billing, after which the Parties will deem and treat any such invoices or charges to be valid and no longer subject to any disputes.
3. Upon receiving Domestic Customer’s notification of dispute, BoxLinks will thoroughly review the claim. If BoxLinks determines that the invoice correctly reflects the services provided by BoxLinks for the relevant Shipment, BoxLinks shall notify its result together with billing to Domestic Customer and Domestic Customer shall complete the unpaid amount within fifteen (15) days of receipt.
4. Should a draft drawn by BoxLinks against Domestic Customer's account not be honored, or a wire transfer or other payment not be received by BoxLinks on its due date, BoxLinks may immediately place Domestic Customer on a cash basis and may terminate or suspend any Domestic Customers' IMC Agreement upon 10 days' written notice. Such termination shall not relieve the Domestic Customer of any obligations incurred prior to termination.
5. If Domestic Customer fails to pay the invoices in full when due Domestic Customer will be liable also for payment of service fee, interest due on any outstanding and/or overdue sum reasonable attorney fees and expenses incurred in collecting any sums due to BoxLinks.
6. Any invoice amount not paid in full when due shall, as to that portion thereof not paid when due, bear interest for each day late at the rate of eighteen percent (18%) per annum, compounded monthly, or at the maximum rate allowed by law if said maximum amount is less. The calculation of a daily rate shall be made based upon a year of three hundred and sixty (360) days and a month of thirty (30) days. Payments not made when due because of a dispute as to the correct amount thereof shall nonetheless be considered late if ultimately adjudged to be due, and interest shall be paid therein as set out above.
7. In the event that BoxLinks commences legal action(s) to collect any outstanding charge or enforce any obligations arising under or out of the Terms of Use, Domestic Customer shall be liable for Court costs and attorney's fees as well.
8. All payments must be sent to:
BoxLinks LLC
Attn. Accounting Department
111 Sylvan Ave South Building L2
Englewood Cliffs, NJ 07632
accounting@BoxLinks.com for remittance details
operation.eq@BoxLinks.com for general inquiries
9. Payment of freight and other charges to a rail carrier, freight forwarder, broker or anyone other than BoxLinks or its authorized agent, shall not be deemed payment to BoxLinks and shall be made at Domestic Customer’s sole risk.
Section 23. Freight Charge Disputes.
Any invoice disputes must be submitted in writing and received by BoxLinks no later than fifteen (15) days after receipt of the invoice to allow time for processing with the rail carrier. All disputes must contain at a minimum:
a. Copy of original paid freight bill; and,
b. Price authority for both the disputed and sought rate, including an explanation of the circumstances causing the claim for damages
c. Any other information or document that BoxLinks requests.
Domestic Customer acknowledges and agrees that BoxLinks has no obligation to review or respond to any such invoice dispute unless and until all requested information and documentation have been received by BoxLinks.
Section 24. Penalty for Intentionally Shipping International Loads as Domestic.
BoxLinks will also add a penalty charge on international Loads moving under domestic charge matrices. An international Load is deemed to be any Load, which is taken to a west coast, east coast, or gulf coast terminal, loaded and the empty is not returned within 30 days. These Loads will be assessed a penalty charge of $2,000.
Section 25. Liability for Cargo Remaining After Empty Return.
Domestic Customer is solely responsible for returning empty containers to designated terminal locations and ensuring all cargo and debris has been removed prior to returning an empty container; containers are not opened for inspection during the terminal in-gate process. Any leftover cargo or debris may not be discovered until the box has been positioned overseas. The Domestic Customer remains responsible for any removal costs, associated fines and penalties, and all costs associated with returning the cargo to the U.S., including but not limited to, sweep out fees and overseas inspections.
Section 26. Limitations of Liability.
1. In accordance with the Section 4 and other applicable provision of this Terms of Use, BoxLinks and rail carrier’s liability is strictly governed by the rail carrier's Terms of Use and other directly related documentation, as contained in any other rail carrier tariffs or other publications issued or executed by the rail carriers.
2. BoxLinks arranges intermodal services across a North American network involving a number of rail and motor carriers. Domestic Customer agrees that neither BoxLinks nor any entity related to BoxLinks or acting for BoxLinks shall have any liability of any kind relating to cargo loss, damage, or delay. The terms and conditions governing a participating carrier's liability and limitations on claims or suits are contained herein, in the railroad and motor carrier's governing publications, in the contractual provisions furnished herewith, and in applicable law.
3. In the event losses or damages are incurred to Domestic Customer's cargo during Shipment movement via BoxLinks -arranged services, BoxLinks will communicate on Domestic Customer's behalf with the participating railroad(s) of Shipment or any other party participating in Shipment to resolve loss and damage claims.
4. Notice of any loss or damage must be brought to the rail carrier's and BoxLinks's attention immediately, but no later than three (3) business days after occurrence.
5. Domestic Customer further agrees that BoxLinks has the right to offset any claims by the Customer against any outstanding charges or fees that Domestic Customer is liable but refuses or is unable to pay.
Section 27. Claims Procedure.
1. For the Domestic Customer's convenience, for loss or damages of $250.00 or higher, BoxLinks will review and file formal claims with the rail carriers or any other potentially liable party detailing the circumstances of, the extent of, and the cost to repair damages in excess of specified amounts.
2. If the Domestic Customer wishes to file a claim directly with the rail carrier, they should submit a request directly to BoxLinks for review and consideration.
3. Regardless of the above, Domestic Customer must notify in writing the BoxLinks office in New Jersey (operation.eq@BoxLinks.com) of any loss, damage or shortage immediately, but no later than 3 days after delivery or receipt of the cargo. If possible, devanning the container should cease immediately upon discovery of cargo damage or a shortage. If not possible, sound cargo should be segregated from damaged cargo. BoxLinks may arrange an independent survey, although the cargo insurer may arrange a survey of their own. The BoxLinks survey will be ordered by BoxLinks and is strictly for internal use only.
4. Claims must be filed in writing to the address below and must be received by BoxLinks no later than nine (9) months from date of delivery or if not delivered the date in which the cargo should have been delivered. If submitted claims have not been acknowledged by the Claims department within thirty (30) days, please contact the department immediately at either the BOXLINKS number listed below or e-mail the department at operation.eq@BoxLinks.com. Please email copies of the original claim, with supporting documentation to the email listed below.
BoxLinks LLC
Attention: Claims Department
111 Sylvan Ave South Building L2
Englewood Cliffs, NJ 07632
Group email: operation.eq@BoxLinks.com
5. The following list of documents must be submitted to the BOXLINKS Claims department for BOXLINKS to file a formal claim with the potential liable party. This list is non-exhaustive; additional documents may be required.
a) A written, formal statement of the claim, outlining the claim amount and how it was calculated. If mixed commodities, a breakdown by type and style, size, and amount.
b) Information to identify the shipment including the place of receipt, destination, delivery, the equipment initials and number, date the shipment was received at the origin and destination rail ports, commodity(s) involved and the Beneficial Cargo Owner's and receiver's names and locations.
c) Shipping documents.
d) Paid freight bill.
e) Copies of the commercial invoice and packing list.
f) Delivery record showing the condition and quantity of the cargo at the time it was unloaded.
g) Copies of the claimant's survey and photos (if applicable).
h) Verification of loss or damages; photos, if any. Digital pictures are acceptable and should be forwarded via e-mail to the Claims department mailbox. The e-mail address is operation.eq@BoxLinks.com. Please submit them in a JPEG format for easy transmission.
i) Certificate of disposal or destruction.
j) Proof of salvage (if applicable).
k) Interchange receipts:
● Signed origin and destination empty out-gate and in-gate Equipment Interchange Receipts (“EIRs”).
● Signed origin and destination J1 receipts showing seal numbers at the time of in-gate and out-gate.
l) Disposition of the damaged product. Some examples of disposition include disposal or destruction, evidence of reconditioning and selling on a secondary market to mitigate the loss or a reasonable salvage in lieu of rejection of the product.
6. It is the Domestic Customer's responsibility to take all necessary steps to mitigate the loss.
7. Domestic Customer is not allowed to offset or withhold any of its claims or losses against any freight payment owed to BoxLinks.
Section 28. Suit Under This Terms of Use.
In the event that BoxLinks must file a suit to collect any charge or enforce any obligations arising under the contract contained in this Terms of Use, Domestic Customer shall be liable for interest from the date the payment was due (15 days after receipt of billing) at the maximum rate of interest allowed by law in the jurisdiction in which suit is filed. Court costs and attorney's fees shall also be for Domestic Customer's account.
Section 29. Force Majeure.
If by reason of Act of God, including, but not limited to, floods, storms, earthquakes, hurricanes, tornadoes, Act of public enemy, war, blockade, insurrection, vandalism or sabotage; fire, accident, wreck, derailment, washout, or explosion; strike, lockout or labor dispute; embargoes or AAR service orders; governmental laws, orders or regulations or other circumstances beyond the control of either party, there is interference with the performance of any carrier's service or with the services BoxLinks agrees to perform, neither BoxLinks nor the rail carrier shall be responsible to Domestic Customer or its agent or contractor for such failure to perform. BoxLinks shall promptly notify Domestic Customer of each such occurrence.
This Terms of Use is subject to change without notice**
Issued by:
BoxLinks LLC
111 Sylvan Ave South Building L2
Englewood Cliffs, NJ 07632
BoxLinks, LLC.
Domestic Intermodal
Terms of Use
o Section 1. Application for Terms of Use.
o Section 2. Terms of Use Revisions.
o Section 3. Definition of Terms.
o Section 4. General Rules.
o Section 5. Severability.
o Section 6. Uniform Intermodal Interchange Agreement.
o Section 7. Rail Terminals.
o Section 8. Required Information for the Tender of Each Shipment.
o Section 9. Changes to Shipping Instructions.
o Section 10. Loading Responsibility.
o Section 11. Sourcing Empty Equipment.
o Section 12. Weight Restrictions.
o Section 13. Commodity Restrictions.
o Section 14. Container Use Restrictions.
o Section 15. Excess Dimensions.
o Section 16. Hazardous Material.
o Section 17. Transit Time.
o Section 18. Diversions.
o Section 19. Trans-border Shipments.
o Section 20. Rates.
o Section 21. Payment of Domestic Freight Charges.
o Section 22. Freight Charge Disputes.
o Section 23. Penalty for Intentionally Shipping International Loads as Domestic.
o Section 24. Liability for Cargo Remaining After Empty Return.
o Section 25. Liability and Claims for Loss & Damage to Cargo.
o Section 26. Limits of Liability.
o Section 27. Claims Procedure.
o Section 28. Damage to Container.
o Section 29. Suit Under This Terms of Use.
o Section 30. Force Majeure.
Section 1. Application for Terms of Use.
This Domestic Program Terms of Use (“Terms of Use”) governs the relationship between BoxLinks, LLC. (“BoxLinks”) and any Domestic Customer, on behalf of itself and its disclosed or undisclosed principals, including but not limited to cargo owners. BoxLinks arranges the movement of cargo in containers as an agent of the Domestic Customer; this Terms of Use is not part of the inland contract of carriage between the Domestic Customer and rail and/or motor carrier. THIS TERMS OF USE PUTS ALL DOMESTIC CUSTOMERS AND THEIR CUSTOMER(S) ON NOTICE THAT ALL APPLICABLE RAILROAD AND TRUCKER TERMS OF USE AND DOCUMENTATION IS BINDING ON THOSE PARTIES.
Liability, freight claims, storage charges, weight of lading, released valuation, hazardous materials rules, loading rules, articles not accepted for shipment and all other conditions of the rail carrier contract of carriage as set forth in the individual rail carriers' intermodal Terms of Use and directories, Master Intermodal Transportation Agreement (MITA), memoranda and other documents as published by the rail carriers to govern intermodal shipments on their railroads shall govern the movement, along with the contract provisions furnished herewith. SEE THE FOLLOWING WEBSITES FOR RAILROAD DOCUMENTATION WHICH ARE BINDING ON ALL DOMESTIC CUSTOMERS (as defined below):
● Norfolk Southern Rules Terms of Use
● Canadian National Tariff 9100 http://ecprod.cn.ca/velocity/eDistribution/english/public/PriceDocuments
● BNSF Intermodal Rules and Policies Guide
https://www.bnsf.com/bnsf-resources/pdf/ship-with-bnsf/intermodal/intermodal-r-and-pg.pdf
● CSX Intermodal Service Directory 1
http://www.intermodal.com/index.cfm/channel-partners/customer-tools/plan/service-directories
● Canadian Pacific Tariff 7800 Intermodal Rules
http://www.cpr.ca/en/customer-resources/shipping-guides/intermodal-shipping-guide
Domestic Customer is responsible for any fines or charges levied by the rail carrier for failure to adhere to the rail carrier’s documentation requirements and is liable for any costs, damages, judgments, claims, losses, or expenses resulting from failure of Domestic Customer or anyone acting at the request of Domestic Customer to follow applicable rules and regulations.
Section 2. Terms of Use Revisions.
BoxLinks may revise these Terms of Use at any time without advance notice to Domestic Customer. All parties subject to these terms, including Domestic Customer and its customers, shall be bound by such revisions. All shipments are subject to the terms and conditions of these Terms of Use, and all railroad documentation, as in effect at the time of shipment.
In case of any direct conflict between or amongst the materials provisions of the Terms of Use and any other terms of the above-mentioned documents such as (but not limited to) railroad’s agreements, tariffs, guide, directories, or rules, the provision of this railroad document(s) will supersede and govern.
Section 3. Definition of Terms.
Actual Origin: The point at which a container is loaded.
Actual Destination: The point at which a container is emptied.
Beneficial Cargo Owner: Person who loads cargo or a vehicle for transportation, or any party with an ownership or other legal interest in the cargo.
C.O.F.C.: Container on Flat Car.
Chassis: A wheel assembly constructed to accept mounting of containers.
Container: A reusable shipping conveyance, not less than twenty (20) feet in length nor more than forty-five (45) feet in length, outside measurement, specially designed to facilitate the carriage of goods by BoxLinks or more modes of transport and fitted with devices to enable ready attachment to bogie or chassis.
Conventional Service: Refers to either generic stack or non-double stack movement.
Domestic Customer: Any person utilizing BoxLinks Container and/or any person involved with or benefited from the transportation service arranged by BoxLinks, to include (but not limited to) the signatory of Domestic Intermodal Carrier Agreement on file with BoxLinks and their disclosed or undisclosed principals, a wholesaler of intermodal transportation, an agent, an association or motor carrier, or a Beneficial Cargo Owner. All such persons accept all obligations of “Domestic Customer” in these Terms of Use.
Domestic Shipment: A Shipment where the Actual Origin and Actual Destination of the cargo is within North America and the shipment of the cargo has no prior or subsequent water movement.
Gross Cargo Weight: Total weight of vehicle including cargo, packing materials, pallets and dunnage.
Goods: The whole or part of any cargos, components, materials, and/or parts with respect to which BoxLinks provide intended services.
International Shipment: A Shipment where the Actual Origin and/or Actual Destination is outside North America and/or Shipment has prior or subsequent water movement.
Lading Weight: Weight of cargo within container.
Load: Arrangement, packaging, placement and securement of cargo within vehicle.
Mishandle: Incorrect movement of a container based on the billing instructions, such as the unit moving to the wrong destination.
Misuse: Unauthorized movement of a BoxLinks container with another carrier.
Notify Party: A party that is notified by telephone or fax that a container is ready for loading/unloading or pickup/delivery.
BoxLinks Container: Any container leased or controlled by BoxLinks and provided to Domestic Customer in connection with BoxLinks’ provision of service to Domestic Customer.
Shipment: The whole or any part of the Goods tendered by Domestic Customer and being carried inside of BoxLinks Container(s) for transportation as agreed by BoxLinks.
Street Turn: Sourcing equipment from a previously completed move. Street turns usually occur after a container has been emptied from an import move and is then used for an outbound move.
T.O.F.C.: Trailer on Flat Car.
Terminal or Ramp: An intermodal facility used for loading, unloading and storing containers and trailers.
Ultimate Consignee: Receiver of goods. This may include agents, employees and independent contractors.
Unused Empty: Returning an unused empty container at origin that has been outgated for use under a booking (excluding Street Turns).
Section 4. General Rules.
1. The provisions of these Terms of Use apply to Shipments arranged for any Domestic Customer and its customer(s) by BoxLinks. The term "Domestic Customer" describes the entity with whom BoxLinks deals directly, regardless of whether they are an intermediary, a carrier or cargo owner. It is Domestic Customer's responsibility to make the contents of these Terms of Use and its obligations hereunder known to all cargo interests and ensure compliance with all applicable laws, regulations and rail or truck carrier requirements. And Domestic Customer agrees to timely and fully disclose and provides the contents of these Terms of Use and related responsibilities to all cargo interests.
2. Domestic Customer understands and agrees that BoxLinks is acting only as an agent for Domestic Customer (and its principals if it is not the cargo owner who is the sole Domestic Customer party). BoxLinks acts as nominee for Domestic Customer in arranging domestic rail under its own name. Neither BoxLinks, nor any parent or affiliate company, acts as a freight forwarder or a common or contract carrier of any kind in connection with any Shipment.
3. Domestic Customer agrees on behalf of all cargo interests that neither BoxLinks nor its parent or affiliates shall have liability to any person for cargo or other property loss, damage or delay or for personal injury or other damage occurring at any time unless BoxLinks was proven to be negligent and such negligence caused said losses or damages. .
4. In accordance with the Section 26 of this Terms of Use, The terms and conditions governing railroad liability are contained in the railroad's governing publications and as set forth in the railroad contract clauses furnished herewith. All such terms and conditions apply to handling and movement of cargoes arranged by BoxLinks as agent.
5. These Terms of Use constitute an offer by BoxLinks to perform agency and nominee services. By requesting services, the Domestic Customer accepts this offer and a binding contract is formed thereby, incorporating the obligations set forth herein.
6. Domestic Customer shall execute a BoxLinks Domestic Intermodal Customer Agreement prior to using BoxLinks' services, and all provisions of these Terms of Use shall apply automatically and by way of incorporation to the Domestic Intermodal Customer Agreement when such an Agreement is signed. Acceptance of BoxLinks services is deemed to constitute agreement to all obligations imposed by these Terms of Use, subject to the terms and conditions of the Domestic Intermodal Customer Agreement, and all laws, regulations and rail or truck carrier requirements.
7. Except as set forth in the Domestic Intermodal Customer Agreement or as otherwise agreed in writing, this Terms of Use sets forth the terms and conditions under which BoxLinks will arrange transportation services for Domestic Customer, and all other cargo interests, including cargo owners.
8. Domestics Customer will defend, indemnify, and hold BoxLinks harmless for any and all losses, actions, claims, liabilities, damages, or expenses which may have been caused by breach of any obligation of Domestic Customer under this Terms of Use by Domestic Customer or any customer of Domestic Customer or anyone acting for or on behalf of Domestic Customer, including all attorney's fees and expenses connected with such claims or enforcement of this indemnity obligation.
Section 5. Severability.
If any part, term, item or provision of this Terms of Use be held by a court or by any agency to be unenforceable, illegal, against public policy, or in conflict with any federal, state, or local laws, such part, term, item or provision shall be considered severable from the rest of the Terms of Use without invalidating the remaining provisions hereof. The remainder of the parts, terms, items or provisions shall remain in full force and effect.
Section 6. Uniform Intermodal Interchange Agreement.
BoxLinks will only arrange interchange of Shipments to motor carriers who maintain a current Uniform Intermodal Interchange Agreement (“UIIA”) Participating Party agreement on file with the Intermodal Association of North America (“IANA”) and BoxLinks's UIIA Addendum Agreement. Interested motor carriers should contact BoxLinks's office in Englewood Cliffs, New Jersey for an application at the address listed below:
BoxLinks, LLC
111 Sylvan Ave South Building L2
Englewood Cliffs, NJ 07632
Domestic Customer is responsible for ensuring that all truckers maintain a UIIA and Addendum on file and Domestic Customer is responsible for all claims, losses or damages resulting from failure of a trucker to have a UIIA on file, including attorney's fees and costs, and will defend, hold harmless and indemnify BoxLinks against all such liability.
Section 7. Rail Terminals.
Located on BoxLinks E-booking portal (https://www.BoxLinks.com), hub locations, is a list of rail terminals over which BoxLinks-arranged Shipments are moved. BoxLinks also has available number of empty depots associated with various terminals. As necessary, BoxLinks will change the rail terminals over which shipments are moved. Please reference the website for a list of specific pick up and drop off locations by area.
Section 8. Required Information for the Tender of Each Shipment.
1. Domestic Customer must provide complete and accurate shipping instructions to BoxLinks at the designated BoxLinks origin office (an up to date list is located at https://www.BoxLinks-domesticebkg.com, the BoxLinks Domestic E-booking portal) at least two (2) hours prior to the time the container is tendered to the rail carrier. The advance shipping instructions are necessary to provide time for the EDI billing to flow through to the rail carrier and prevent gate delays. Shipping instructions must include the following:
a. Container Identification (Initial and Number);
b. Origin Rail Terminal;
c. Destination Rail Terminal;
d. BoxLinks Domestic booking number;
e. BoxLinks empty release number (If applicable)
f. Name of Domestic Customer;
g. Notify Party;
h. Beneficial Cargo Owner of Goods/Location Container to be loaded;
i. Actual Receiver of Goods/Location Container to be unloaded;
j. Lading Weight;
k. Equipment Size;
l. Seal Number;
m. Commodity;
n. Customer Reference number (correlates to Domestic Customer’s shipment reference)
o. Hazardous Material Description (if applicable);
p. Special Rate Quote number (if applicable).
2. BoxLinks may audit the information submitted by Domestic Customer as to commodity, Beneficial Cargo Owner of goods, actual receiver of goods, Actual Origin, Actual Destination, applied rate, and other applicable information. Domestic Customer will, upon reasonable request, make available to BoxLinks sufficient documentation to substantiate the above information. If the charge does not apply to the service actually provided then BoxLinks will notify Domestic Customer, who must correct such information immediately.
3. Even after the above requested information has been submitted and Shipment is received or even processed, such Shipment or booking may be subject to hold or rejection at the discretion the rail carrier.
4. BoxLinks agrees to exercise reasonable care to protect the confidentiality of all commercial information provided by the Domestic Customer.
5. Should Domestic Customer submit inaccurate shipping instructions or other shipment particulars to BoxLinks, Domestic Customer shall defend, indemnify and hold harmless BoxLinks, its parent and affiliates for any liability, fines and/or fees that may occur as a result of the inaccuracy, including all legal fees and expenses.
Section 9. Changes to Shipping Instructions.
1. Should a Domestic Customer request changes to the shipping instructions, BoxLinks will make every effort to execute those changes, but shall not be held responsible if such changes cannot be affected timely.
2. Domestic Customers must follow up verbal requests to change shipping instructions with an email to the BoxLinks designated origin office in order to ensure receipt and feasibility of said written requests. In the case of cancelled billing, Domestic Customer must receive e-mail confirmation from BoxLinks confirming the cancellation of billing before such cancellation shall be effective.
3. Domestic Customer shall be responsible for any fines and/or fees levied by rail carriers that may occur as a result of a change in the shipping instructions.
4. Domestic Customer is responsible for submitting destination change requests from original booked destination via email request prior to submitting billing on the website or via EDI. BoxLinks will not accept responsibility for any destination changes that are not confirmed and accepted by BoxLinks operations prior to billing of container.
Section 10. Loading Responsibility.
1. BoxLinks shall have no responsibility for loading and unloading Goods into BoxLinks Container. Loading of container shall be at the Domestic Customer's sole responsibility and expense. Domestic Customer warrants and shall be responsible for the exercise of due care in arranging, packaging, securing, blocking, bracing, and loading in a manner to prevent damage to container, Goods, and carrier's equipment or other property and shall comply with container limitations, Federal, State and local laws and the rules and regulations of the underlying rail carriers as set forth in the individual rail carriers' intermodal Terms of Use, directories, memoranda and other documents. Any expenses, fees, and/or fines resulting from improper loading be for the sole account of the Domestic Customer.
2. Domestic Customer will defend, indemnify, and hold BoxLinks harmless for any and all losses, actions, claims, liabilities, damages, or expenses which may have been caused by breach of any obligation of Domestic Customer under this Terms of Use by Domestic Customer or any customer of Domestic Customer or anyone acting for or on behalf of Domestic Customer, including all attorney's fees and expenses connected with such claims or enforcement of this indemnity obligation.
Section 11. Sourcing Empty Equipment.
1. To obtain empty BoxLinks Containers for domestic shipments through BoxLinks, Domestic Customer can make an equipment reservation online via the Domestic Booking portal (https://www.BoxLinks-domesticebkg.com). Domestic Customer must obtain a BoxLinks Domestic Booking number prior to loading a box with domestic freight.
2. For street turn shipments, Domestic Customer must use the out-gate motor carrier of record and will not street interchange from BoxLinks motor carrier to another motor carrier.
3. It will be the Domestic Customer's responsibility to inspect BoxLinks empty containers for any structural/safety related defects as well as for security and cleanliness. Domestic Customer is responsible for timely rejecting any such equipment which has any defect or other issues. BoxLinks does not warrant any equipment to be free from defects or other issues. Domestic Customer is responsible for the integrity, safety and security of the equipment in their possession.
4. Domestic Customer is responsible for ensuring that any empty container out-gated for a Domestic Shipment is an authorized BoxLinks Container. BoxLinks is not responsible for improperly collected empty containers.
5. If Domestic Customer returns an Unused Empty, Domestic Customer is responsible for any applicable fees.
Section 12. Weight Restrictions.
1. Domestic Customer will solely be responsible for loading and securing the Shipment property into containers under the Intermodal Safe Container Transportation Amendments Act of 1996, 49 U.S.C. Chapter 59.
2. Domestic Customer agrees to abide by all aspects of the Intermodal Safe Container Transportation Amendments Act of 1996. Domestic Customer shall forward all required information to BoxLinks, who shall in turn forward the information to the rail carrier. BoxLinks shall in no way be responsible for the accuracy or completeness of such information.
3. Containers must be loaded in accordance with rail carriers' intermodal requirements and governing law. Domestic Customer is responsible for any charges resulting from the tender of overweight containers including rail carrier fines and the costs of adjusting the shipment's weight.
4. Domestic Customer is liable for all consequences of failure to arrange, package, block, brace, and load with due care (in accordance with container limitations), or failure to follow rail carriers' or legal requirements regarding loading, blocking, bracing, packaging or handling.
Max Container Size and Weight Restriction
General Purpose
20'
40'
40D96
45'
Length
20'-0"
40'-0"
40'-0"
45'-0"
6.058 m
12.192 m
12.192 m
13.716 m
Width
8'-0"
8'-0"
8'-0"
8'-0"
2.438 m
2.438 m
2.4385 m
2.438 m
Height
8'-6"
8'-6"
9'-6"
9'-6"
2.591 m
2.591 m
2.896 m
2.896 m
Max Rail (UP)
45,000 lbs
48,000 lbs
48,000 lbs
48,000 lbs
20412 kg
21772 kg
21772 kg
21772 kg
Section 13. Commodity Restrictions.
1. In addition to any restrictions imposed by the rail carrier, Shipments of the following commodities are prohibited and will only be handled subject to rates and other terms to be mutually agreed by the Parties:
● Flexibags/Bladder
● Personal effects (usually for the military, includes essentially anything that could be found in a house, this includes household cleaners, paint etc. that could be hazardous)
● Steel coils
● Used Vehicles (includes cars, forklifts)
● Used Batteries
● Used Oil
● Used Auto Parts
● Used Machinery
● High tech cargo (anything that requires calibration)
● Coal/Charcoal
● Military Firearms
● Asbestos
● Hides
● Rail Car Wheels
● Stone Slabs
● Used Motor Vehicle
● Processed tobacco/tobacco products
● Precious jewelry/ precious metal
● Valuable works of art
● Live animals
● Computers/handheld electronic products/mobile telephone (and electronic components of these)
● Hazardous Commodities, as defined on the supplemental hazardous restrictions list.
Allowed with exceptions:
● Metal Rods/Bars
● Logs
● House Hold Goods
● New Machinery
● Paper Rolls
● Metal Coils under 3500 lbs per coil, originating on all railroads except UP. Metal Coils under 3500 lbs originating on UP are not restricted.
● New Motor Vehicles
Exceptions being that all commodities must be blocked and braced according to rail carrier bracing guidelines. Commodity must be braced laterally and longitudinally to prevent shifting in transit and cannot exceed our weight restrictions.
2. In the event Domestic Customer requests for movement of or actually moves any of the above mentioned restricted commodities, Domestic Customer will be solely liable for any and all losses, expenses, damages, claims, fines arising from the movement of such commodity and further expressly waives any right to file claims against BoxLinks or the rail carrier. Neither BoxLinks or the rail carrier shall have any liability in relation to such Shipment.
Further Domestics Customer will defend, indemnify, and hold BoxLinks harmless for any and all losses, actions, claims, liabilities, damages, or expenses which may have been caused by the movement of said restricted commodity, including all attorney's fees and expenses connected with such claims or enforcement of this indemnity obligation.
Section 14. Container Use Restrictions.
1. Domestic Customer shall not load BoxLinks containers via rail service to any destination not agreed to by BoxLinks. Domestic Customer shall route containers only over BoxLinks approved routes
2. Domestic Customer will promptly return containers and chassis in good repair and serviceable condition, ordinary wear and tear excepted. Domestic Customer will return containers free of debris, lading, blocking, bracing, strapping, paper, unnecessary hazardous materials placards and contaminants, or will be liable to BoxLinks for all fees, fines, and expenses associated with their removal.
Domestic Customer will remain liable for any damage and repair costs to container that exceeds normal wear and tear. Normal wear and tear, as set forth in the Unified Container Inspection & Repair Criteria (“UCIRC”), may mean the following:
Section 15. Excess Dimensions.
BoxLinks does not arrange transportation for cargo which exceeds the dimensions of the container. Domestic Customer must not make any booking or tender Shipment with BoxLinks. In the event that such Shipment is received, such Shipment is subject to rejection or return to the Customer at the sole cost of the Customer.
Section 16. Hazardous Material.
Under the rules and regulations of The Association of American Railroads (AAR), the Department of Transportation, and applicable local, state and federal laws, a Domestic Customer is legally bound to adhere to the provisions of the AAR Bureau of Explosives 6000 (BOE) and US DOT 49CFR (Code of Federal Regulations) and any other applicable laws and rules for domestic shipment of any such hazardous or dangers goods. Domestic Customer must also comply with TDG (Transport of Dangerous Goods) regulations for Canadian shipments. In addition, all provisions of any carrier's rules, Terms of Use, directives, memoranda, the contract provisions furnished herewith, and all other documents pertaining to the transportation of any cargo, including explosives, dangerous articles, and other hazardous materials are binding on Domestic Customer.
The rail carrier nor BoxLinks has no liability for, or in connection with any damages incurred as a result of transporting hazardous materials, including damages resulting from any accident, leakage, or spillage of such materials, clean-up costs or damages claimed by third parties, if such hazardous materials are not declared in the shipping instructions or which are not correctly identified or certified pursuant to the rules of the underlying carrier(s).
BoxLinks shall have no liability in connection with the transportation of restricted commodity under Section 13 and any goods, materials and commodities in violation of relevant regulations, including the above mentioned regulations. Domestic Customer agrees to be solely responsible will compensate and defend, indemnify and hold harmless rail carrier, BoxLinks, its parent and affiliated companies from and against any liability, loss, damage, claims, fines and demands, including attorney’s fees and any indirect or consequential damages, arising in connection to Domestic Customer’s involvement of restricted commodity under Section 13 and any goods, materials and commodities in violation of relevant regulations, including the above-mentioned regulations.
Additionally, the Domestic Customer will remain responsible for the above losses and damages, including attorneys fees as well as indirect and consequential damages even if such hazardous materials are not declared in the shipping instructions or which are not correctly identified or placarded and prepared for transport and certified pursuant to the rules of the underlying carrier(s).
Domestic Customer is responsible for providing detailed Hazardous information requested by BoxLinks when billing Hazardous cargo. Domestic Customer warrants that all information provided will be accurate and true and that the contents of any consignment will be fully and accurately described by the proper shipping name, and will be classified, packaged, marked and labeled/placarded, and in all respects in proper condition for transport according to applicable international and national governmental regulations. Domestic Customer will be solely responsible for any claims, losses, damages, or fines resulting from a breach of the above warranty.
Section 17. Transit Time.
BoxLinks will encourage rail carriers to transport Shipments in intermodal service within applicable scheduled times, but neither BoxLinks nor rail carrier guarantees delivery by a specific date or time.
Section 18. Diversions.
BoxLinks will make a diligent effort to have the rail carrier execute a request for diversion. However, BoxLinks will not be responsible if such cannot be executed. Diversion requests must be confirmed in writing, including confirmation of agreement to pay specific charges (amount must be stated) quoted at time of request. These charges will be in addition to previously agreed charges for the Shipment.
Section 19. Trans-border Shipments.
Domestic Customer is liable for any additional costs or charges incurred at border crossings on Canadian Shipments. This includes all documentation costs and re-handling charges to reposition containers customs officials have required for inspection.
Section 20. Rates/Matrix
1. Domestic rates may only be used for domestic traffic. International traffic cannot move under domestic rates unless approved by BoxLinks, at its sole discretion.
2. All domestic traffic tendered by Domestic Customer for BoxLinks arranged transportation is governed by charges and conditions of service contained in the BoxLinks’ FAK Rate (Freight for Any Kind) Matrix or by a BoxLinks’ Special Rate. All Special Rates or FAK charges include only ramp-to-ramp linehaul charges. If a Special Rate is being utilized, the Special Rate Quote number must be included on the shipping instructions. Failure to indicate proper Special Rate Quote number on Shipping Instructions will result in FAK charge being assessed.
3. Charges are subject to a rail fuel surcharge (FSC). The FSC is adjusted on the first day of each month. The applicable FSC is based upon the Shipment's in-gate date.
4. All charges will be published with specific effective and expiration dates. BoxLinks may increase charges on not less than seven (7) days' written or e-mailed notice to Domestic Customer. With proper notice, charges may be increased prior to the original expiration date. All charges are based upon the shipment's rail billing date.
5. Seven (7) days prior to the expiration of the BoxLinks FAK Rate Matrix, BoxLinks will post the updated Matrix to the Booking website (https://www.BoxLinks.com). Upon request, the updated Matrix will be individually emailed to Domestic Customers. Domestic Customer may distribute copies to affiliated offices within its organization. However, the BoxLinks rates, including BoxLinks FAK Rate Matrix are confidential and shall not be disclosed to any party not directly affiliated with Domestic Customer without the prior written consent of BoxLinks.
6. Should BoxLinks, in its sole discretion, agree to pay outstanding railroad accessorial charges (i.e. flips, storage, etc.) on behalf of the Domestic Customer, these charges will be billed back to the Domestic Customer.
Section 21. Lien.
BoxLinks will have a right to lien on any part of Shipment and any documents relating thereto for all sums payable (including but not limited to outstanding charges, fines, fees, as well as any damages to BoxLinks Container) to BoxLinks under this Terms of Use unless otherwise expressly and clearly addressed in the Domestic Intermodal Carrier Agreement. BoxLinks will also have the lien right against one Shipment and any document relating thereto for all sums due by Domestic Customer or its agent or contractor to BoxLinks under any other agreement, tariffs, rules, or any other governing document, for the non-payment of charges for another Shipment. BoxLink’s lien right will survive delivery of Shipment, but the delivery of Shipment will not be required. And BoxLinks may also exercise its lien at any time and any place in its sole discretion, whether the contracted service for a Shipment is completed or not. In any event any lien shall extend to cover the cost of recovering any sums due, for that purpose, BoxLinks shall have the right to sell any part of the Shipment by public auction or private treaty, after providing one written notice to Domestic Customer.
Section 22. Payment of Domestic Freight Charges.
1. Domestic Customer must pay or send written notification of dispute on all freight or miscellaneous bills within fifteen (15) of receipt of invoice. Payment shall be made by bank check, cashier's check, ACH, wire transfer, or money order.
2. If Domestic Customer disputes charges, Domestic Customer shall pay the undisputed amount and must provide evidential documentation supporting its claim along with the written notification of dispute within fifteen (15) days of receipt of billing, after which the Parties will deem and treat any such invoices or charges to be valid and no longer subject to any disputes.
3. Upon receiving Domestic Customer’s notification of dispute, BoxLinks will thoroughly review the claim. If BoxLinks determines that the invoice correctly reflects the services provided by BoxLinks for the relevant Shipment, BoxLinks shall notify its result together with billing to Domestic Customer and Domestic Customer shall complete the unpaid amount within fifteen (15) days of receipt.
4. Should a draft drawn by BoxLinks against Domestic Customer's account not be honored, or a wire transfer or other payment not be received by BoxLinks on its due date, BoxLinks may immediately place Domestic Customer on a cash basis and may terminate or suspend any Domestic Customers' IMC Agreement upon 10 days' written notice. Such termination shall not relieve the Domestic Customer of any obligations incurred prior to termination.
5. If Domestic Customer fails to pay the invoices in full when due Domestic Customer will be liable also for payment of service fee, interest due on any outstanding and/or overdue sum reasonable attorney fees and expenses incurred in collecting any sums due to BoxLinks.
6. Any invoice amount not paid in full when due shall, as to that portion thereof not paid when due, bear interest for each day late at the rate of eighteen percent (18%) per annum, compounded monthly, or at the maximum rate allowed by law if said maximum amount is less. The calculation of a daily rate shall be made based upon a year of three hundred and sixty (360) days and a month of thirty (30) days. Payments not made when due because of a dispute as to the correct amount thereof shall nonetheless be considered late if ultimately adjudged to be due, and interest shall be paid therein as set out above.
7. In the event that BoxLinks commences legal action(s) to collect any outstanding charge or enforce any obligations arising under or out of the Terms of Use, Domestic Customer shall be liable for Court costs and attorney's fees as well.
8. All payments must be sent to:
BoxLinks LLC
Attn. Accounting Department
111 Sylvan Ave South Building L2
Englewood Cliffs, NJ 07632
accounting@BoxLinks.com for remittance details
operation.eq@BoxLinks.com for general inquiries
9. Payment of freight and other charges to a rail carrier, freight forwarder, broker or anyone other than BoxLinks or its authorized agent, shall not be deemed payment to BoxLinks and shall be made at Domestic Customer’s sole risk.
Section 23. Freight Charge Disputes.
Any invoice disputes must be submitted in writing and received by BoxLinks no later than fifteen (15) days after receipt of the invoice to allow time for processing with the rail carrier. All disputes must contain at a minimum:
a. Copy of original paid freight bill; and,
b. Price authority for both the disputed and sought rate, including an explanation of the circumstances causing the claim for damages
c. Any other information or document that BoxLinks requests.
Domestic Customer acknowledges and agrees that BoxLinks has no obligation to review or respond to any such invoice dispute unless and until all requested information and documentation have been received by BoxLinks.
Section 24. Penalty for Intentionally Shipping International Loads as Domestic.
BoxLinks will also add a penalty charge on international Loads moving under domestic charge matrices. An international Load is deemed to be any Load, which is taken to a west coast, east coast, or gulf coast terminal, loaded and the empty is not returned within 30 days. These Loads will be assessed a penalty charge of $2,000.
Section 25. Liability for Cargo Remaining After Empty Return.
Domestic Customer is solely responsible for returning empty containers to designated terminal locations and ensuring all cargo and debris has been removed prior to returning an empty container; containers are not opened for inspection during the terminal in-gate process. Any leftover cargo or debris may not be discovered until the box has been positioned overseas. The Domestic Customer remains responsible for any removal costs, associated fines and penalties, and all costs associated with returning the cargo to the U.S., including but not limited to, sweep out fees and overseas inspections.
Section 26. Limitations of Liability.
1. In accordance with the Section 4 and other applicable provision of this Terms of Use, BoxLinks and rail carrier’s liability is strictly governed by the rail carrier's Terms of Use and other directly related documentation, as contained in any other rail carrier tariffs or other publications issued or executed by the rail carriers.
2. BoxLinks arranges intermodal services across a North American network involving a number of rail and motor carriers. Domestic Customer agrees that neither BoxLinks nor any entity related to BoxLinks or acting for BoxLinks shall have any liability of any kind relating to cargo loss, damage, or delay. The terms and conditions governing a participating carrier's liability and limitations on claims or suits are contained herein, in the railroad and motor carrier's governing publications, in the contractual provisions furnished herewith, and in applicable law.
3. In the event losses or damages are incurred to Domestic Customer's cargo during Shipment movement via BoxLinks -arranged services, BoxLinks will communicate on Domestic Customer's behalf with the participating railroad(s) of Shipment or any other party participating in Shipment to resolve loss and damage claims.
4. Notice of any loss or damage must be brought to the rail carrier's and BoxLinks's attention immediately, but no later than three (3) business days after occurrence.
5. Domestic Customer further agrees that BoxLinks has the right to offset any claims by the Customer against any outstanding charges or fees that Domestic Customer is liable but refuses or is unable to pay.
Section 27. Claims Procedure.
1. For the Domestic Customer's convenience, for loss or damages of $250.00 or higher, BoxLinks will review and file formal claims with the rail carriers or any other potentially liable party detailing the circumstances of, the extent of, and the cost to repair damages in excess of specified amounts.
2. If the Domestic Customer wishes to file a claim directly with the rail carrier, they should submit a request directly to BoxLinks for review and consideration.
3. Regardless of the above, Domestic Customer must notify in writing the BoxLinks office in New Jersey (operation.eq@BoxLinks.com) of any loss, damage or shortage immediately, but no later than 3 days after delivery or receipt of the cargo. If possible, devanning the container should cease immediately upon discovery of cargo damage or a shortage. If not possible, sound cargo should be segregated from damaged cargo. BoxLinks may arrange an independent survey, although the cargo insurer may arrange a survey of their own. The BoxLinks survey will be ordered by BoxLinks and is strictly for internal use only.
4. Claims must be filed in writing to the address below and must be received by BoxLinks no later than nine (9) months from date of delivery or if not delivered the date in which the cargo should have been delivered. If submitted claims have not been acknowledged by the Claims department within thirty (30) days, please contact the department immediately at either the BOXLINKS number listed below or e-mail the department at operation.eq@BoxLinks.com. Please email copies of the original claim, with supporting documentation to the email listed below.
BoxLinks LLC
Attention: Claims Department
111 Sylvan Ave South Building L2
Englewood Cliffs, NJ 07632
Group email: operation.eq@BoxLinks.com
5. The following list of documents must be submitted to the BOXLINKS Claims department for BOXLINKS to file a formal claim with the potential liable party. This list is non-exhaustive; additional documents may be required.
a) A written, formal statement of the claim, outlining the claim amount and how it was calculated. If mixed commodities, a breakdown by type and style, size, and amount.
b) Information to identify the shipment including the place of receipt, destination, delivery, the equipment initials and number, date the shipment was received at the origin and destination rail ports, commodity(s) involved and the Beneficial Cargo Owner's and receiver's names and locations.
c) Shipping documents.
d) Paid freight bill.
e) Copies of the commercial invoice and packing list.
f) Delivery record showing the condition and quantity of the cargo at the time it was unloaded.
g) Copies of the claimant's survey and photos (if applicable).
h) Verification of loss or damages; photos, if any. Digital pictures are acceptable and should be forwarded via e-mail to the Claims department mailbox. The e-mail address is operation.eq@BoxLinks.com. Please submit them in a JPEG format for easy transmission.
i) Certificate of disposal or destruction.
j) Proof of salvage (if applicable).
k) Interchange receipts:
● Signed origin and destination empty out-gate and in-gate Equipment Interchange Receipts (“EIRs”).
● Signed origin and destination J1 receipts showing seal numbers at the time of in-gate and out-gate.
l) Disposition of the damaged product. Some examples of disposition include disposal or destruction, evidence of reconditioning and selling on a secondary market to mitigate the loss or a reasonable salvage in lieu of rejection of the product.
6. It is the Domestic Customer's responsibility to take all necessary steps to mitigate the loss.
7. Domestic Customer is not allowed to offset or withhold any of its claims or losses against any freight payment owed to BoxLinks.
Section 28. Suit Under This Terms of Use.
In the event that BoxLinks must file a suit to collect any charge or enforce any obligations arising under the contract contained in this Terms of Use, Domestic Customer shall be liable for interest from the date the payment was due (15 days after receipt of billing) at the maximum rate of interest allowed by law in the jurisdiction in which suit is filed. Court costs and attorney's fees shall also be for Domestic Customer's account.
Section 29. Force Majeure.
If by reason of Act of God, including, but not limited to, floods, storms, earthquakes, hurricanes, tornadoes, Act of public enemy, war, blockade, insurrection, vandalism or sabotage; fire, accident, wreck, derailment, washout, or explosion; strike, lockout or labor dispute; embargoes or AAR service orders; governmental laws, orders or regulations or other circumstances beyond the control of either party, there is interference with the performance of any carrier's service or with the services BoxLinks agrees to perform, neither BoxLinks nor the rail carrier shall be responsible to Domestic Customer or its agent or contractor for such failure to perform. BoxLinks shall promptly notify Domestic Customer of each such occurrence.
This Terms of Use is subject to change without notice**
Issued by:
BoxLinks LLC
111 Sylvan Ave South Building L2
Englewood Cliffs, NJ 07632