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Simplify your customs today
Calculate duties and taxes
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Streamlining customs clearance
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import into canada
Import into the USA
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© 2026 BorderBuddy, All rights reserved.
Demo website — not a licensed customs broker.
BorderBuddy is the trade name of two licensed customs brokers: Border Buddy Technologies Inc., operating as BorderBuddy Customs Brokers, Suite 100 (15-119), 555 Burrard Street, Vancouver, BC V7X 1M8 (licensed by the Canada Border Services Agency), and Border Buddy Technologies USA Inc., operating as BorderBuddy Customs Brokers, 2 12th St, Blaine, WA 98230 (licensed by U.S. Customs and Border Protection). In these terms, "BorderBuddy", "Company", "we" and "us" mean the entity providing the service to you: Border Buddy Technologies Inc. for Canadian customs services, and Border Buddy Technologies USA Inc. for U.S. customs services. Part A applies to everyone who uses this website. Part B applies to U.S. customs brokerage services. Part C applies to Canadian customs brokerage services. Where we issue you a separate agreement or quote that contains its own terms, those terms govern that service.
By accessing the website at /, you agree to be bound by these terms of service, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained on this website are protected by applicable copyright and trademark law.
You may view and print pages from this website for your own business or personal use. You may not copy, scrape, resell or republish site content or tools, reverse-engineer any software on the site, or remove proprietary notices, without our written permission. We may suspend access to anyone who breaches these terms.
The materials on BorderBuddy’s website are provided on an ‘as is’ basis. BorderBuddy makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, BorderBuddy does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall BorderBuddy or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on BorderBuddy’s website, even if BorderBuddy or a BorderBuddy authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on BorderBuddy’s website could include technical, typographical, or photographic errors. BorderBuddy does not warrant that any of the materials on its website are accurate, complete, or current. BorderBuddy may make changes to the materials contained on its website at any time without notice. However, BorderBuddy does not make any commitment to update the materials.
BorderBuddy has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by BorderBuddy of the site. Use of any such linked website is at the user’s own risk.
BorderBuddy may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then-current version of these terms of service.
Part A, and Part C as provided in its section 9, are governed by the laws of British Columbia and the federal laws of Canada applicable there, and the parties submit to the courts of British Columbia. Part B is governed by the laws of the State of Washington and applicable U.S. federal law, and the parties submit to the state and federal courts located in Washington State. Any action to enforce a judgment may be brought in any jurisdiction.
Definitions: (a) “Company” shall mean Border Buddy Technologies Inc., its subsidiaries, related companies, agents, and/or representatives; (b) “Customer” shall mean the person for which the Company is rendering service, as well as its agents and/or representatives, including, but not limited to, shippers, importers, exporters, carriers, secured parties, warehousemen, buyers and/or sellers, shipper’s agents, insurers and underwriters, break-bulk agents, consignees, etc. It is the responsibility of the Customer to provide notice and copies of these terms and conditions of service to all such agents or representatives; (c) “Documentation” shall mean all information received directly or indirectly from Customer, whether in paper or electronic form; (d) “Ocean Transportation Intermediaries” (“OTI”) shall include an “ocean freight forwarder” and a “non-vessel operating carrier”; (e) “Third parties” shall include, but not be limited to, the following: “carriers, truckmen, cartmen, lightermen, forwarders, OTIs, customs brokers, agents, warehousemen and others to which the goods are entrusted for transportation, cartage, handling and/or delivery and/or storage or otherwise”.
Company as Agent: The Company acts as the “agent” of the Customer solely for the purpose of import customs clearance, including the entry and release of goods and post-entry services. The Company does not handle export licenses, export documentation, or related services. For all other services, the Company operates as an independent contractor.
Technology Infrastructure and Providers: Elements of BorderBuddy’s website, digital platform, and automated service workflows are powered by our third-party technology partner, Zipments (zipments.io). While BorderBuddy utilizes Zipments' proprietary technology to facilitate and streamline these compliance and brokerage processes, all transactions remain subject to the disclaimers, rules, and limitations of liability set forth in these Terms of Use.
Power of Attorney (POA) and General Agency Agreement (GAA): To enable the Company to act on the Customer's behalf, the Customer must provide a duly executed Power of Attorney (POA) and General Agency Agreement (GAA). These documents authorize the Company to perform necessary actions and make representations in dealings with CBP, CBSA, and other Government Agencies. The POA and GAA will remain in effect until terminated in accordance with the terms specified in the "Termination" section of these Terms and Conditions.
Termination: The Customs Power of Attorney remains in effect until revoked in writing in accordance with 19 CFR §141.35. Revocation does not affect obligations for entries filed before the revocation takes effect.
Limitation of Actions: (a) Unless subject to a specific statute or international convention, all claims against the Company for a potential or actual loss must be made in writing and received by the Company within ninety (90) days of the event giving rise to the claim; failure to give the Company timely notice shall be a complete defense to any suit or action commenced by Customer. (b) All suits against Company must be filed and properly served on Company as follows: (i) For claims arising out of ocean transportation, within one (1) year from the date of the loss; (ii) For claims arising out of air transportation, within two (2) years from the date of the loss; (iii) For claims arising out of the preparation and/or submission of an import entry(s), within seventy-five (75) days from the date of liquidation of the entry(s); (iv) For any and all other claims of any other type, within two (2) years from the date of the loss or damage.
No Liability for the Selection or Services of Third Parties and/or Routes: Unless services are performed by persons or firms engaged pursuant to express written instructions from the Customer, the Company shall use reasonable care in its selection of third parties, or in selecting the means, route, and procedure to be followed in the handling, transportation, clearance, and delivery of the shipment; advice by the Company that a particular person or firm has been selected to render services with respect to the goods shall not be construed to mean that the Company warrants or represents that such person or firm will render such services nor does the Company assume responsibility or liability for any actions(s) and/or inactions(s) of such third parties and/or its agents, and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in the custody or control of a third party or the agent of a third party; all claims in connection with the act of a third party shall be brought solely against such party and/or its agents; in connection with any such claim, the Company shall reasonably cooperate with the Customer, which shall be liable for any charges or costs incurred by the Company.
Quotations Not Binding: Quotations as to fees, rates of duty, customs bond quotations, or other charges given by the Company to the Customer are for informational purposes only and are subject to change without notice; no quotation shall be binding upon the Company unless the Company in writing agrees to undertake the handling of the customs bond or other specified services at a specific rate or amount set forth in the quotation and payment arrangements are agreed to between the Company and the Customer.
Reliance on Information Furnished: (a) Customer acknowledges that it is required to review all documents and declarations prepared and/or filed with the CBP, CBSA, other Government Agencies, and/or third parties, and will immediately advise the Company of any errors, discrepancies, incorrect statements, or omissions on any declaration filed on Customer's behalf; (b) In preparing and submitting customs entries, applications, documentation, and/or export data to the United States, Canada, and/or a third party, the Company relies on the correctness of all documentation, whether in written or electronic format, and all information furnished by Customer; Customer shall use reasonable care to ensure the correctness of all such information and shall indemnify and hold the Company harmless from any and all claims asserted and/or liability or losses suffered by reason of the Customer’s failure to disclose information or any incorrect or false statement by the Customer upon which the Company reasonably relied. The Customer agrees that the Customer has an affirmative non-delegable duty to disclose any and all information required to import, export, or enter the goods. (c) Customer acknowledges that the Company may incur Disbursement Fees in the course of providing services, which are additional charges for advancing funds on behalf of the Customer to pay duties, taxes, or other fees to CBP, CBSA, or other Government Agencies. The Customer agrees to reimburse the Company for any Disbursement Fees incurred, in addition to any other fees or charges for services rendered.
Limitation of Liability for Third Parties: Third parties to whom the goods are entrusted for transportation, drayage, delivery, or storage may limit their liability for loss or damage. Border Buddy Technologies Inc. (the "Company") will not be responsible for declaring a higher value for the goods or for obtaining additional coverage. The Customer should arrange any desired additional insurance coverage directly with an insurance provider. In the absence of such arrangements by the Customer, the goods may be tendered to third parties subject to the third party's limitations of liability and terms and conditions of service.
Customs Bonds: Unless requested to do so in writing and confirmed to the Customer in writing, the Company is under no obligation to procure customs bonds on the Customer’s behalf; in all cases, the Customer shall pay all premiums and costs in connection with procuring requested customs bonds.
Disclaimers; Limitation of Liability: (a) Except as specifically set forth herein, Company makes no express or implied warranties in connection with its services; (b) Subject to (c) below, Customer agrees that in connection with any and all services performed by the Company, the Company shall only be liable for its negligent acts, which are the direct and proximate cause of any injury to Customer, including loss or damage to Customer’s goods, and the Company shall in no event be liable for the acts of third parties; (c) In connection with all services performed by the Company, Customer may obtain additional liability coverage, up to the actual or declared value of the shipment or transaction, by requesting such coverage and agreeing to make payment therefor, which request must be confirmed in writing by the Company prior to rendering services for the covered transaction(s). (d) In the absence of additional coverage under (b) above, the Company’s liability shall be limited to the following: (i) where the claim arises from activities other than those relating to customs brokerage, $50.00 per shipment or transaction, or (ii) where the claim arises from activities relating to “Customs business,” $50.00 per entry or the amount of brokerage fees paid to Company for the entry, whichever is less; (e) In no event shall Company be liable or responsible for consequential, indirect, incidental, statutory, or punitive damages even if it has been put on notice of the possibility of such damages.
Advancing Money: All charges must be paid by Customer in advance unless the Company agrees in writing to extend credit to the customer; the granting of credit to a Customer in connection with a particular transaction shall not be considered a waiver of this provision by the Company.
Indemnification/Hold Harmless: The Customer agrees to indemnify, defend, and hold the Company harmless from any claims and/or liability arising from the importation or exportation of customer merchandise and/or any conduct of the Customer, which violates any Federal, State, Provincial, and/or other laws in the United States and Canada, and further agrees to indemnify and hold the Company harmless against any and all liability, loss, damages, costs, claims, and/or expenses, including but not limited to reasonable attorney’s fees, which the Company may hereafter incur, suffer, or be required to pay by reason of such claims; in the event that any claim, suit, or proceeding is brought against the Company, it shall give notice in writing to the Customer by mail at its address on file with the Company.
C.O.D. or Cash Collect Shipments: Company shall use reasonable care regarding written instructions relating to “Cash/Collect” on “Deliver (C.O.D.)” shipments, bank drafts, cashier’s and/or certified checks, and other similar payment documents and/or instructions regarding collection of monies but shall have no liability if the bank or consignee refuses to pay for the shipment.
Costs of Collection: In any dispute involving monies owed to the Company, the Company shall be entitled to all costs of collection, including reasonable attorney’s fees and interest at 1.5% per month (18% per annum) or the highest rate allowed by law, whichever is less, unless a lower amount is agreed to by the Company.
General Lien and Right to Recover Monies Owed: (a) The Company shall have a general and continuing lien on any and all documentation and customs-related information of the Customer in the Company’s possession or control for monies owed to the Company concerning the customs clearance services provided for the shipment on which the lien is claimed, any prior shipments, and/or both. (b) The Company shall provide written notice to the Customer of its intent to exercise such lien, detailing the exact amount of monies due and owing, as well as any ongoing charges related to the customs clearance services. The Customer shall notify all parties with an interest in its shipment(s) of the Company’s rights and/or exercise of such lien. (c) Unless, within thirty days of receiving notice of lien, the Customer pays the amount due in cash, the Company shall have the right to take necessary legal actions to recover the owed amounts. (d) If the Customer fails to settle the outstanding amount within the specified period, the Company reserves the right to send the debt to a collection agency. Any additional costs incurred in the collection process will be added to the total amount owed. Any net proceeds remaining thereafter shall be refunded to the Customer.
No Duty to Maintain Records For Customer: Customer acknowledges that pursuant to Sections 508 and 509 of the Tariff Act, as amended, (19 U.S.C. §§1508 and 1509) and the requirements set forth in the CBSA publication BSF900 - Agreement to maintain records elsewhere than the place of business in Canada, it has the duty and is solely liable for maintaining all records required under the Customs and/or other Laws and Regulations of the United States and Canada; unless otherwise agreed to in writing, the Company shall only keep such records that it is required to maintain by Statute(s) and/or Regulation(s), but not act as a “record keeper” or “recordkeeping agent” for Customer.
Obtaining Binding Rulings, Filing Protests, etc.: Unless requested by Customer in writing and agreed to by Company in writing, the company shall be under no obligation to undertake any pre- or post-Customs release action, including, but not limited to, obtaining binding rulings, advising of liquidations, filing of petition(s) and/or protests, etc.
Preparation and Issuance of Bills of Lading: The Company does not prepare or issue bills of lading, nor does it grant authority to be added as the notify party. Customers are responsible for ensuring that all information on the bill of lading, including the number of pieces, packages, and/or cartons, as well as the cargo weight, is accurate and complete. The Company assumes no responsibility for the preparation, issuance, or accuracy of any bills of lading. Furthermore, should the Customer add the Company as the notify party, the Company shall not be liable for any freight costs or associated charges.
No Modification or Amendment Unless Written: These terms and conditions of service may only be modified, altered, or amended in writing signed by both Customer and Company; any attempt to unilaterally modify, alter, or amend the same shall be null and void.
Compensation of Company: The compensation of the Company for all its services shall be included with and is in addition to the rates and charges of all carriers and all other agencies selected by the Company to transport and deal with the goods. Such compensation shall be exclusive of any brokerage, commissions, dividends, or other revenue received by the Company from carriers, insurers, and others in connection with the shipment. In any referral for collection or action against the Customer for monies due to the Company, upon recovery by the Company, the Customer shall pay the expenses of collection and/or litigation, including reasonable attorney fees.
Severability: In the event any Paragraph(s) and/or portion(s) hereof is found to be invalid and/or unenforceable, then in such event the remainder hereof shall remain in full force and effect.
Non-Disclosure: You, the client, may have provided us with your shipping volumes, your end customers, your pricing, rates, fees, and discounts of your current service provider. Border Buddy Technologies Inc. and its subsidiaries agree not to disclose that information to any other party. BorderBuddy is providing you confidential pricing, rates, fees, and discounts – and we would ask the same courtesy extended – that our information not be shared with any other party without prior written consent from BorderBuddy.
Rates exclude the following unless otherwise specified: Destination arrival charges; destination customs clearance; duties and taxes; inspection fees; fumigation and any related charges; any applicable storage or demurrage charges; certification; legalization; consular fees and any related courier fees; oversized, perishable, or hazardous products.
Ancillary fees related to other government agencies, consulting, compliance, freight, disbursement, third-party charges, and administrative fees are additional. Payment terms are subject to credit approval.
Customs bond quotes are available upon request. If customs bonds are not requested, we cannot be held liable for any issues arising from their absence. Subject to certain exclusions based on product and destination.
Brokerage rates are based on expected volumes disclosed. Volume will be reviewed every six months from the date of account activation to ensure our mutual agreement is met. Rates may be adjusted accordingly based on actual volume and subject to change without notice. All prices are quoted in Canadian funds.
Quotations are based on actual tariffs, bunker fuel surcharge, intermodal fuel surcharge, and currency exchange rates presently in force and subject to change with or without notice.
Rates are subject to space and equipment availability.
These are the Standard Trading Conditions which govern the business practices of members of the Canadian Society of Customs Brokers (“CSCB”). By signing or otherwise agreeing to, accepting and/or acting under the authority of the Agency Agreement and Power of Attorney, each of Client and Customs Broker agrees to be bound by the Agency Agreement and Power of Attorney, these Standard Trading Conditions attached to the Agency Agreement and Power of Attorney, the CARM Terms and Conditions for Pre-CARM GAA (“CARM Terms”) (applicable if the parties have signed the pre-CARM GAA form), and the terms and conditions of the CARM Client Portal, unless or until a party advises the other party in writing to the contrary subject to the provisions of Section 8 of these Standard Trading Conditions.
“Agency Agreement and Power of Attorney” means that CSCB form of Continuous General Agency Agreement and Power of Attorney with Power to Appoint a Sub-Agent (to which these Standard Trading Conditions are attached) signed by Client to appoint Customs Broker as its agent and attorney in connection with the services described therein.
“Applicable Laws” has the meaning set out in Section 6(a).
“Canadian Government Agencies and Departments” or “CGAD” means the Canada Border Services Agency (“CBSA”), any other department or agency, and successor department or agency thereof, of the Government of Canada or any Province or Territory thereof having jurisdiction over the import and/or export of goods into and/or from Canada.
“CARM Client Portal” means the electronic client portal for CBSA’s Assessment and Revenue Management system, as amended from time to time.
“Client” means that individual, partnership, association, entity or corporation at whose request or on whose behalf, either directly or indirectly, Customs Broker undertakes any business or provides advice, information or services, and/or who is named as the Client or recipient of services in the Agency Agreement and Power of Attorney or in the CARM Client Portal.
“Customs Broker” means that individual, partnership, entity or corporation licensed by the CBSA, other CGAD, or other authorized body, to engage in the business of a customs broker and who is named as the Customs Broker, service provider or entity with delegated authority in the Agency Agreement and Power of Attorney or in the CARM Client Portal.
“Disbursements” means any payment made by Customs Broker, on Client’s behalf, for any product or service rendered in connection with the facilitation of the import and export of goods, including any Government Charges, additional taxes, freight, storage, penalties, interest, fines, and any other amounts, charges or payments, including payments for goods on COD shipments, made by Customs Broker on Client’s behalf.
“Disbursement Fees” means those fees charged by Customs Broker to Client in connection with arranging, facilitating, assisting with, making and/or managing any Disbursements.
“Fees” has the meaning set out in Section 2(a) and includes Disbursement Fees.
“Government Authority” means any department or agency, or successor department or agency thereof, of any government other than a CGAD having jurisdiction over, or requirements, regulations or standards in connection with, the import and/or export of goods into and/or from Canada.
“Government Charges” means those duties, taxes, penalties, interest, fines, expenses, fees, claims, liabilities or other charges or levies imposed by CGAD or other applicable Government Authority in respect of imported or exported goods including goods imported into Canada, exported from Canada or reported, released and/or exported or to be reported, released and/or exported under the Customs Act, the Customs Tariff, the Excise Act, the Excise Tax Act, the Special Import Measures Act and/or any other Applicable Laws relating to customs, import and/or export, all as amended from time to time.
“Losses” means losses, damages, delays, costs, injuries, fees (including legal fees and expenses), liabilities, expenses, actions, suits, proceedings, demands and claims of any kind or nature whatsoever and howsoever arising, including, for greater certainty, due to negligence, tort, breach of contract or other, of or by Customs Broker, Client or any other entity, and including liability assessed against Customs Broker, Client or any other entity by a CGAD or Government Authority.
“Services” means those customs broker services, from the list set out in Annex 1 and/or as otherwise set out in the CARM Client Portal and/or requested by Client, which Client requires and Customs Broker agrees to provide, or which are reasonably required to be performed by Customs Broker as ancillary to the primary services that it is performing for Client.
“Sub-Agent” means that person to whom a license to transact business as a customs broker has been issued under the Customs Act and who Customs Broker may retain as its own agent in connection with the Services, or part thereof, that Customs Broker performs for Client.
(a) The fees for Services shall be in accordance with the fee schedule as agreed upon between Client and Customs Broker, as amended from time to time (“Fees”).
(b) Client shall promptly reimburse Customs Broker for all Disbursements incurred by Customs Broker on Client’s behalf.
(a) Customs Broker shall issue invoices to Client for all Fees and Disbursements pertaining to the Services.
(b) Promptly upon receipt of invoices hereunder, Client shall pay to Customs Broker, in cash or by other immediately available and irrevocable funds delivery as agreed to by Customs Broker, as and when due in accordance herewith, all Fees and Disbursements for the Services without any reduction, deduction, set-off or deferment on account of any claim or counterclaim whatsoever.
(c) Interest on all late payments shall be charged and paid at a rate equal to the prime lending rate set by the Bank of Canada plus 5% per annum, as it fluctuates from time to time, which interest shall be calculated and charged commencing 14 days after the relevant invoice date unless otherwise agreed to in writing by the parties.
(d) To the extent Customs Broker owes any amount to Client, Customs Broker may set-off that amount owing to Client as against any amount Client owes to Customs Broker.
(a) Upon Customs Broker’s request, Client shall, prior to Customs Broker’s release of any shipment of goods imported by Client, promptly provide to Customs Broker sufficient funds to enable Customs Broker to pay on Client’s behalf all Disbursements that are estimated by Customs Broker to be payable in connection with such shipment.
(b) If, at any time, Customs Broker or a CGAD determines that additional funds are required with respect to goods imported by Client, Client shall, upon demand of either Customs Broker or a CGAD, promptly advance such additional funds to Customs Broker.
(c) If, after payment of Disbursements by Customs Broker concerning the goods imported by Client, any balance of funds remains outstanding to Client’s credit, Customs Broker shall promptly return to Client any remaining balance of funds,
i. unless otherwise instructed by Client; or
ii. unless there are past due accounts owing by Client to Customs Broker in which case Customs Broker may, on notice to Client, pay its outstanding Fees and/or Disbursements (or part thereof) from the said remaining balance of funds.
(d) If Client fails to advance funds to Customs Broker when requested by Customs Broker or a CGAD, Customs Broker shall have no obligation to render or perform any Services for or on behalf of Client, and Client shall be responsible, and reimburse, defend, indemnify and hold harmless Customs Broker, for all Losses in connection therewith.
(a) Client shall, at no charge to Customs Broker:
i. promptly provide to Customs Broker (A) all information and documentation related to Client’s import and export transactions, (B) full delegated authority, visibility, user access, privileges (including in each section and all components of each section) in the CARM Client Portal necessary for Customs Broker to provide the Services and to act upon and fulfill the authority and direction delegated to Customs Broker by Client, whether within or outside of the CARM Client Portal, (C) all account (including Client’s CARM Client Portal business account), profile, audit and other reports, data, details, information, declarations and documents of any rulings arising from filings by Client itself and/or by any third parties for Client, (D) all information required to complete a CGAD’s documentation and/or furnish required data to a CGAD or other applicable Government Authorities, and (E) any other information and/or materials that may be relevant or helpful to Customs Broker to perform the Services required by Client, including for Customs Broker to deal with any rulings from CBSA, manage and/or make filings or adjustments for Client, and to make modifications (including database updates) for future transactions;
ii. promptly (A) review all documentation and/or data, (B) notify Customs Broker in writing of any discrepancies, inaccuracies, errors or omissions found therein, and (C) request corrections and/or adjustments in writing, all within 60 days of the date of the occurrence of such discrepancy, inaccuracy, error or omission, and/or required correction or adjustment, with Client acknowledging and agreeing that Customs Broker shall not be liable for performing any adjustments, accounting entries or corrections, advance rulings, commercial accounting declarations or any services related thereto, nor shall Customs Broker be liable for any Losses, of whatever kind or nature and howsoever incurred or arising, as a result of any of the foregoing, including any discrepancies, inaccuracies, errors or omissions related to filings, rulings, commercial accounting declarations and/or any adjustment or correction requests, or as a result of Customs Broker’s delay or failure to notify Client of any informal (i.e., nudges) or formal notices (i.e., compliance verification or validation letters and directed compliance letters) or notifications posted by CBSA in Client’s CARM Client Portal business account, including those regarding actual or potential non-compliance, all of which remain Client`s responsibility; all Losses and any damages of any kind whether direct, indirect, incidental, special or consequential, including with respect to any gratis or “free of charge” services performed by Customs Broker, shall be subject to the limitations of liability set out in these Standard Trading Conditions; and
iii. reimburse, defend, indemnify and save harmless Customs Broker with respect to each matter set out in this Article 5 and against any and all Losses which result from or arise in connection with any discrepancies, inaccuracies, mistakes or omissions in the information, documentation, access, privileges and/or visibility (whether within or outside of the CARM Client Portal) provided to Customs Broker by Client or its employees, representatives and/or agents and relied upon by Customs Broker and/or its own Sub-Agents.
(b) Client represents and warrants that (i) it is the importer, exporter and/or owner of the goods (as applicable) for which it has retained the Services of Customs Broker; (ii) it has full power and authority to retain and appoint as agent and attorney and authorize and instruct Customs Broker including as set out in the Agency Agreement and Power of Attorney and/or in the CARM Client Portal; and (iii) all information, documentation, declarations, access, privileges and/or visibility (whether within or outside of the CARM Client Portal) provided to Customs Broker is complete, true and accurate. Client acknowledges that Customs Broker is relying on such information, documentation, declarations, access, privileges and/or visibility (whether within or outside of the CARM Client Portal) to provide the Services.
(c) Client is solely liable and responsible for each and all of the following (for greater certainty, whether or not caused by the negligence of Customs Broker, Client and/or any other entity):
i. Disbursements made by Customs Broker on Client’s behalf;
ii. Charges of any kind or nature whatsoever arising, levied or charged in connection with the import and/or export of any goods, as Client is at all times the importer/exporter (regardless of whose business number is used, who any CGAD or other Government Authority identifies as the importer of record, and/or any liability assessed by any CGAD or other Government Authority);
iii. Acts of Customs Broker in the performance of the Services as agent of and for Client; and
iv. Losses incurred or sustained by Customs Broker in relation to, or arising from its provision of Services to Client, including paying any amounts on Client’s behalf to any party and/or to Client’s account.
(a) Customs Broker shall at all times provide Services in a timely and professional manner in accordance with the generally accepted standards of the Canadian customs brokerage industry and in compliance with all applicable laws and regulations of Canada and any applicable Province, Territory and municipality thereof (“Applicable Laws”).
(b) All information pertaining to Client is, and shall be kept, confidential by Customs Broker, its Sub-Agents and service providers, other than legal counsel, if applicable, and shall only be released to a CGAD or other applicable government, police or official investigative authorities, if and as (i) required by Applicable Laws or order of a body, agency or court of competent jurisdiction and authority; and/or (ii) directed or authorized by written instructions from Client to Customs Broker to release confidential information, or any part thereof, to third parties.
(c) Customs Broker shall take all reasonable steps to provide the Services in accordance with Client’s instructions, provided however, that if in Customs Broker’s judgment it is in Client’s interest to depart from Client’s instructions, Customs Broker is hereby instructed and directed to do so and shall be reimbursed, defended, indemnified and saved harmless by Client for all Losses incurred in so doing.
(d) Customs Broker shall provide to Client in respect of each transaction or summary accounting made on Client’s behalf a copy of the commercial accounting declaration and data pertaining thereto.
(e) Customs Broker shall, subject to its set-off rights, promptly account to Client for funds, if any, received by Customs Broker to the extent that these funds are:
i. for the credit of Client from the Receiver General for Canada or other applicable Government Authorities; or
ii. from Client by way of advances provided in Section 4 in excess of the Disbursements payable in respect of Client or Client’s business; and
iii. not otherwise owed by Client to Customs Broker (i.e., as an example only, where Customs Broker pays any amount to a Government Authority or a CGAD on account of Customs Broker’s error, but the Government Authority or the CGAD credits or pays Client, rather than Customs Broker, for such amount).
(f) Customs Broker shall not be liable for any Losses resulting from or caused in any part by (i) Client’s negligence, misconduct or breach or for anything which it may do or refrain from doing, including Client’s failure to review or maintain its CARM Client Portal business account or to respond to or comply with all notices and notifications posted by CBSA therein; (ii) any act of God, unavoidable delay or event, supply chain or delivery issues, prohibition, ban, restriction and/or emergency measure imposed by applicable authorities, global health emergency, pandemic, epidemic and/or outbreak of infectious or communicable diseases, any service or access disruptions or failures regarding or affecting the CARM Client Portal or any systems of any CGAD or other applicable Government Authorities, third party hosting, operation, maintenance, system or portal issues, general service interruptions, technical, access or other failures or inability to access the internet, or other act or cause beyond Customs Broker’s reasonable control; or (iii) Customs Broker’s failure to provide, or delay in providing, any of the Services (for greater certainty, whether or not caused by the negligence of Customs Broker, Client and/or any other entity) as a result of or due to the operation of the Applicable Laws (including those related to the CARM Client Portal), or the applicable laws of any other country or Government Authority that affects the Services, or a change in the policies of any CGAD or other applicable Government Authorities. Each event listed in (ii) or (iii) above is called a “Force Majeure Event”).
(g) Customs Broker shall use its commercially reasonable efforts, in accordance with industry standards, to advise Client on matters referred to Customs Broker. Client (i) acknowledges that Customs Broker has given no assurances, representations or warranties to Client regarding the outcome of these matters, and (ii) understands that there is no guarantee of any specific results from the Services.
(a) Notwithstanding any other provision of these Standard Trading Conditions, the Agency Agreement and Power of Attorney, the CARM Terms, or the terms and conditions of, or any delegation of authority or direction in, the CARM Client Portal: (A) neither Customs Broker nor Client will be liable for any consequential, special, incidental, indirect, punitive or exemplary damages resulting from these Standard Trading Conditions, the Agency Agreement and Power of Attorney, the CARM Terms, the CARM Client Portal, any Force Majeure Event or unavoidable delay, or event beyond its reasonable control; (B) Customs Broker shall not be liable for any loss of profit, loss of revenue, loss of use or opportunity or other like damages or losses, or damages arising in tort, whether or not known or contemplated, in connection with any of the Services, these Standard Trading Conditions, the Agency Agreement and Power of Attorney, the CARM Terms and/or the CARM Client Portal; and (C) for each contract year, notwithstanding any of the foregoing and in any and all cases, the limitation of Customs Broker's total aggregate liability under any circumstances shall be restricted and limited to a maximum amount equal to Customs Broker's total annual revenue from fees paid and payable to Customs Broker (whether invoiced or not) for the Services provided to Client by Customs Broker in the twelve (12) month period immediately preceding the incident triggering the liability. Any liability is restricted and limited to incidents arising from work that is within scope of the Services.
(b) Notwithstanding any other provision of these Standard Trading Conditions, the Agency Agreement and Power of Attorney, the CARM Terms, or the terms and conditions of, or any delegation of authority or direction in, the CARM Client Portal, and regardless of whether Customs Broker uses its own, or Client’s, business number for any of the Services, Client expressly acknowledges and agrees that (A) Customs Broker is not responsible for any aspect of the operation, hosting, maintenance and/or functioning of the CARM Client Portal, or any aspect of health, revenue, product liability, safety, security and/or other liability in connection with the CARM Client Portal, any Services provided by Customs Broker and/or any goods dealt with by Customs Broker, including any liabilities resulting from or assessed by any CGAD or other Government Authority, and Customs Broker is not liable in any way to the extent that Customs Broker is unable to access the CARM Client Portal and/or to perform any of the Services due to the status of the CARM Client Portal or any incomplete or inaccurate information, documents or materials provided to Customs Broker by Client; (B) Client is at all times the importer/exporter of and for the goods; (C) Customs Broker is acting at all times as Client’s agent, for and on behalf of Client as the principal at and in law, without any liability to Customs Broker; and (D) any Disbursements or other amounts paid by Customs Broker (or its Sub-Agent) on Client’s behalf and/or to Client’s account, shall be a debt due by Client to Customs Broker.
In the event that the Agency Agreement and Power of Attorney is terminated and there are any outstanding matters pertaining to Client for which Customs Broker has been engaged by Client and for which Customs Broker remains liable to make payment and/or to complete and/or file documentation (including any accounting, accounting entries and reports, and/or commercial accounting declarations), the Agency Agreement and Power of Attorney (with these Standard Trading Conditions and the CARM Terms (if the parties have signed the pre-CARM GAA form)) shall continue in force with respect to such matters until such matters are concluded and payment by Client to Customs Broker of such funds as may be required to satisfy all outstanding payment and other outstanding obligations and liabilities of (a) Customs Broker to a CGAD and/or others and (b) Client to Customs Broker, a CGAD and/or others (including all Fees and Disbursements), has been made by Client. Client acknowledges and understands that the delegated authority and visibility granted by Client to Customs Broker in the CARM Client Portal must remain active, in force and effect, and not be terminated or caused/allowed to expire, until Customs Broker has performed and completed all such matters.
These Standard Trading Conditions are governed by the laws of the Province or Territory in Canada within which Customs Broker has its principal place of business, and the federal laws of Canada applicable therein, and Client hereby irrevocably attorns to the courts of such Province or Territory.
The Agency Agreement and Power of Attorney, together with these Standard Trading Conditions and the CARM Terms (if the parties have signed the pre-CARM GAA form), enure to the benefit of and are binding upon the parties and their respective executors, administrators, successors and permitted assigns.
Where the parties have used electronic communications in whole or in part to transact any business, those communications will be given legal effect in accordance with the provisions of the Uniform Electronic Commerce Act (or successor legislation) as approved by the Uniform Law Conference of Canada or enacted by the federal or provincial legislatures, as applicable.
Each provision of these Standard Trading Conditions is and shall be deemed to be separate and severable and if any provision or part thereof is held for any reason to be unenforceable, the remainder of these Standard Trading Conditions shall remain in full force and effect, unamended.
The words “include” and “including” mean “including without any limitation or restriction”.
Customs Broker will provide to Client import and export services, and ancillary services related thereto, when requested by Client and accepted by Customs Broker, including as delegated to Customs Broker within the CARM Client Portal, which services may include, but are not limited to, any of the following:
in each case, all the foregoing at and subject to the instructions of and on behalf of Client.
Termination: In the event that the Agency Agreement and Power of Attorney is terminated and there are any outstanding matters pertaining to the Client for which the Customs Broker has been engaged by the Client and for which the Customs Broker remains liable, the Agency Agreement and Power of Attorney shall continue in force with respect to such matters until such matters are concluded and payment by the Client to the Customs Broker of such funds as may be required to satisfy all outstanding payment liabilities of the Customs Brokers to U.S. Customs and Border Protection (CBP), the Canada Border Services Agency (CBSA), and others (including all Fees and Disbursements) has been made by the Client. The General Agency Agreement and these conditions shall endure to the benefit of and be binding upon the parties and their respective executors, administrators, successors, and assigns.
CARM Compliance: Canadian importers must hold an active CARM Client Portal account, delegate BorderBuddy access as a trade chain partner, and post financial security with CBSA if they use Release Prior to Payment. All users of BorderBuddy’s services must comply with the CBSA Assessment and Revenue Management (CARM) requirements. This includes, but is not limited to, the accurate and timely submission of import declarations, adherence to payment terms, and maintenance of records as stipulated by CBSA. Failure to comply with these requirements may result in the suspension or termination of services provided by BorderBuddy. Users are responsible for ensuring they are registered with the CARM Client Portal and that their accounts are in good standing.