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Sensitive Goods Statement and Non-Compliance Handling Terms
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Special Statement on Sensitive Goods Transportation and Non-Compliance Handling Terms
Article 1: Definitions and Scope
Sensitive Goods: For the purpose of this Statement, “Sensitive Goods” refer to goods that, due to their physical characteristics, chemical properties, legal status, or commercial value, may be subject to special regulation, require specific permits, or pose potential safety risks, legal liabilities, or economic disputes during the processes of transportation, storage, customs clearance, or disposal. This includes, but is not limited to:
- Dangerous Goods: Articles explicitly listed under international/domestic regulations (such as IMDG Code, IATA DGR, ADR), including explosives, flammable liquids/solids, oxidizers, toxic substances, radioactive materials, corrosives, etc.
- Restricted Items: Goods subject to special trade controls requiring import/export licenses, CITES certificates, food/drug regulatory approvals, cultural product permits, or goods subject to anti-dumping/countervailing duties.
- High-Value Items: Cash, negotiable securities, jewelry, precious metals, cultural relics, artworks, and other high-unit-value or theft-prone items.
- Perishables/Precision Items: Live animals, perishable goods, refrigerated/frozen cargo, precision instruments, fragile items, and other goods with stringent transportation requirements.
- Infringing/Prohibited Items: Goods infringing intellectual property rights (counterfeit goods), endangered species and their derivatives, illegal drugs, weapons and their components, and goods originating from countries/regions under international sanctions.
- Other goods reasonably determined by Bochuang Supply Chain to be sensitive or requiring special declaration.
Article 2: Shipper’s Obligations and Mandatory Declaration
- Mandatory Written Declaration: Prior to tendering goods for carriage, the Shipper must proactively, truthfully, and completely declare in writing (via our standard channels or email) whether the goods are or contain Sensitive Goods. The Shipper must provide the specific name, UN Number (if applicable), class/division, accurate quantity, value, and all requisite valid official documentation (e.g., MSDS, appraisal reports, permits).
- Warranty of Accuracy: The Shipper warrants the truthfulness and accuracy of the declared information and shall bear sole legal responsibility for obtaining all necessary transportation, import, and export permits. These terms shall apply even if the goods are subsequently verified to be Sensitive Goods that were not declared.
- Compliant Packaging and Marking: For declared Sensitive Goods (particularly Dangerous Goods), the Shipper must ensure the goods have been properly packaged, marked, and labeled in compliance with relevant laws and regulations by qualified entities/personnel, and that complete compliant shipping documents accompany the shipment.
Article 3: Rights and Disclaimers of Bochuang Supply Chain
- Inspection and Refusal Rights: Bochuang Supply Chain reserves the right to inspect any shipment (including opening packages, and engaging professional third parties if necessary). If undeclared or misdeclared Sensitive Goods are discovered, Bochuang Supply Chain has the right to immediately refuse acceptance or suspend transportation without liability for breach of contract.
- Non-Assumption of Risk: For duly declared Sensitive Goods, transportation risks (e.g., permissible minor leakage of specific dangerous goods, reasonable breakage rates for fragile items) shall be handled in accordance with relevant industry terms. For undeclared or misdeclared Sensitive Goods, the Shipper shall bear 100% of all related risks (including but not limited to safety incidents and total loss of goods) from the time the goods are tendered until delivery and signing, and Bochuang Supply Chain assumes no liability.
- Emergency Disposal Rights: If undeclared Sensitive Goods (especially Dangerous Goods) pose an imminent threat to persons, property, the environment, or other cargo during the transport chain, Bochuang Supply Chain or the relevant carrier has the right to take all necessary and reasonable measures to dispose of such goods (including but not limited to isolation, destruction, or handover to competent authorities) without prior notice to the Shipper. All costs and consequences arising therefrom shall be borne by the Shipper.
Article 4: Penalties for Non-Compliance and Cost Allocation
In the event of a violation of Article 2 hereof (failure to declare or misdeclaration of Sensitive Goods), the Shipper agrees to unconditionally bear all of the following liabilities and costs:
- Liquidated Damages / Fines: The Shipper shall pay Bochuang Supply Chain liquidated damages amounting to RMB 5,000 or three (3) times the freight charges for the shipment (whichever is higher). This penalty compensates for management costs, risk premiums, and reputational damage incurred by the Company.
- Full-Chain Loss Indemnification: The Shipper shall indemnify Bochuang Supply Chain, actual carriers, warehouses, airports/ports, and all other relevant parties for all losses, fines, detention/demurrage charges (e.g., delays to aircraft/vessels/containers), storage fees, disposal fees, litigation costs, attorney fees, and any other third-party claims arising therefrom.
- Government Fines: The Shipper shall bear all fines and late fees imposed by competent authorities (such as Customs, Maritime Safety Administration, Civil Aviation Administration, Public Security, or Environmental Protection agencies) due to violations of laws and regulations.
- Set-off and Recovery: Bochuang Supply Chain reserves the right to deduct the aforementioned amounts directly from any unpaid freight, deposits, or other assets of the Shipper held by the Company. For any shortfall, the Company retains the right to pursue full recovery.
Article 5: Governing Law and Dispute Resolution
This Statement constitutes an integral part of the Shipment Agreement and Terms & Conditions. Any dispute arising from or in connection with this Statement shall be governed by the laws of the People’s Republic of China and submitted to the competent People’s Court located in the jurisdiction where Shenzhen Bochuang Supply Chain Co., Ltd. is domiciled.
SHIPPER’S ACKNOWLEDGMENT AND DECLARATION
As the duly authorized representative, I/we have carefully read, understood, and fully accepted all contents of the foregoing Special Statement on Sensitive Goods Transportation and Non-Compliance Handling Terms. I/we hereby declare:
The goods entrusted for transportation in this instance □ Are / □ Are Not Sensitive Goods as defined in Article 1 of this Statement.
If “Are” is selected, complete compliant documentation is attached, and its authenticity is guaranteed.
I/we fully understand and agree that any failure to declare or misdeclaration shall automatically trigger the penalty clauses under Article 4 of this Statement, and I/we shall bear all legal and economic consequences arising therefrom.
Name of Shipper Company (Company Seal):
Authorized Signature:
Date: ______Year ______Month ______Day
(This Statement is made in duplicate, with one copy retained by Bochuang Supply Chain and one copy by the Shipper, both having the same legal effect.)
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