Terms of Service

1. Acceptance of terms

These Terms of Service are entered into by BOXAVIATION LLC and the person or organisation that uses this website or purchases our services, referred to here as the customer. By accessing the site, sending an enquiry, signing a quotation or accepting a statement of work, the customer confirms that it has authority to bind the organisation it represents and that it accepts these terms.

Where a signed master agreement, statement of work or purchase order contains terms that conflict with these terms, the signed document prevails for the services it covers, in the following order of precedence: the signed statement of work, the signed master agreement, the accepted quotation and these terms. No other document, including a general purchase condition supplied by the customer, forms part of the agreement unless we accept it in writing.

If any provision of these terms is found to be unenforceable, the remaining provisions remain in force. A failure by either party to enforce a provision on one occasion is not a waiver of that provision or of any other provision.

2. Definitions

In these terms, the company means BOXAVIATION LLC. The customer means the person or organisation using the website or purchasing services. The services means the design, engineering, integration, support and related work we provide, including custom transit case engineering, fleet tracking integration, cargo sensor networks, warehouse control systems, route telemetry pipelines and field service support.

Deliverables means the physical items, drawings, configurations, documentation and software components that we supply under a statement of work. Telemetry means the records produced by tracking devices, sensors, scan points and related systems, including location, environmental and custody data. Business day means a day other than a Saturday, Sunday or public holiday in Utah.

The website means the pages published at https://www.boxaviation.buzz. Case works means the engineering and fabrication activity carried out at our premises or at a customer site under our supervision. Confidential information has the meaning given in the confidentiality section below.

3. Our services

We provide computer integrated systems design and related services for the protection and tracking of equipment in transit. Our six service lines are custom transit case engineering, fleet tracking integration, cargo sensor networks, warehouse control systems, route telemetry pipelines and field service support. A program may include one line or several, and the scope of each program is set out in a written statement of work.

Descriptions on this website are provided for general information. They do not constitute an offer, a guarantee of a particular outcome or a commitment to supply a specific feature. The exact specification, milestones, acceptance criteria and deliverables are agreed in writing before work begins, and any change to that scope follows the change process described in these terms.

Where we recommend third party hardware, software or freight services, the recommendation is based on our professional judgment at the time. The third party remains responsible for its own product and for its own terms, and we are not the manufacturer or seller of that product unless we expressly say so in writing.

4. Quotations and orders

A quotation is valid for thirty days from its date unless it states otherwise. Quotations are based on the information available at the time and may be revised if a site survey reveals conditions that differ materially from what was described. A quotation does not reserve manufacturing capacity until a written order is received or a deposit is paid.

An order becomes binding when the customer accepts the quotation in writing and, where the quotation requires it, pays the deposit. We confirm acceptance by email or by countersignature. Prices are stated in United States dollars and exclude taxes, duties, freight and insurance unless the quotation says otherwise.

Requests to change a confirmed order must be made in writing. We will assess the impact on cost, schedule and technical risk and tell the customer before proceeding. Where a change is accepted, a revised statement of work or change order is issued, and the customer is responsible for the additional cost of work already performed or materials already ordered at the time of the change.

We may decline an order where the equipment or route presents a risk we cannot reasonably manage, where the customer cannot provide the information needed to engineer a safe solution, or where legal or export restrictions apply.

5. Customer responsibilities

The customer is responsible for providing accurate information about the equipment, its dimensions, weight, fragility, environmental limits and handling requirements. The customer must also describe the routes, modes, handovers and storage conditions that apply, and must tell us about any hazardous material, battery, pressure vessel or regulated item involved.

The customer is responsible for obtaining the rights and permissions needed for us to access its premises, systems, data and personnel. This includes permission to install tracking hardware on vehicles or equipment, and any notice or consultation required by law for the monitoring of people or the processing of telemetry. The customer must ensure that its own staff and contractors cooperate with surveys, installation and acceptance testing.

The customer must use the deliverables in accordance with the operating instructions we provide, must not modify a case, bracket or sensor installation in a way that compromises safety or the engineered shock path, and must report damage or suspected failure promptly. Where the customer supplies its own hardware, the customer is responsible for its compatibility and performance.

6. Website use and availability

You may view, download and print pages from this website for your own business use. You must not interfere with the operation of the site, attempt to gain unauthorised access to any system, use automated tools to harvest contact information, or reproduce substantial parts of the site in a way that misrepresents its source.

We aim to keep the site available, but we do not guarantee uninterrupted access. The site may be unavailable during maintenance, during a security response or because of a failure at a hosting or network provider. We may change, suspend or withdraw any part of the site without notice, and we are not liable for any loss caused solely by the unavailability of the site.

Information on the site is provided as general guidance and may become out of date. It is not engineering advice for a specific instrument or route. A binding recommendation is provided only after a survey and in a written proposal or statement of work.

7. Accounts and credentials

Some services provide access to a portal, dashboard or tracking system. Where we create an account for the customer, the customer is responsible for keeping credentials confidential, for assigning access only to people who need it and for removing access when a person changes role or leaves the organisation.

The customer must tell us promptly if it suspects that a credential has been compromised or that an unauthorised person has accessed the system. We may suspend an account where we reasonably believe that it is being misused or that suspension is needed to protect the system, other customers or the integrity of the telemetry.

Account activity may be logged for security and support purposes. The customer is responsible for the acts of its users within the system, to the extent permitted by law, and for ensuring that its users comply with these terms.

8. Fees and payment

Fees are set out in the applicable quotation or statement of work. Unless otherwise agreed, a deposit is due before engineering or fabrication begins, progress payments are due at the milestones stated in the statement of work, and the balance is due before delivery or on the invoice date stated in the quotation. Subscription or support fees are invoiced in advance for the period stated.

Invoices are payable within thirty days of the invoice date unless a different period is stated. We may charge interest on late amounts at the rate of one and a half percent per month or the maximum permitted by law, whichever is lower. The customer is responsible for reasonable costs of collection, including legal fees, where an undisputed invoice remains unpaid after a written reminder.

We may suspend work or withhold delivery where an undisputed invoice is overdue, provided that we give written notice and a reasonable opportunity to pay. Amounts already invoiced for work performed are not refundable merely because the customer later changes its requirements. Taxes, duties and freight charges are the responsibility of the customer unless the quotation states otherwise.

We may adjust recurring fees once in any twelve month period by written notice of at least sixty days, where the adjustment reflects increased costs, additional scope or changes in the cost of third party services. A customer who does not accept the adjustment may terminate the affected subscription at the end of the notice period.

9. Delivery, risk and title

Delivery dates are estimates unless the statement of work expressly states that a date is firm. We will tell the customer promptly if a date is at risk and will work in good faith to recover the schedule. The customer must provide suitable access for delivery, including a dock, lift or personnel where the size or weight of the goods requires it.

Risk in physical deliverables passes to the customer when the goods are handed to the carrier or collected by the customer, unless the statement of work states otherwise. Title passes when we have received payment in full. Where the customer arranges its own carriage, risk passes on collection. Delivery receipts and custody scans should be retained, because they support any later claim.

If the customer fails to take delivery within a reasonable time, we may store the goods at the customer cost, charge a reasonable handling fee and, after written notice, treat the failure as a cancellation. Goods held in storage remain at the customer risk.

10. Acceptance testing

Acceptance criteria are agreed in the statement of work before build begins. Our standard criteria cover fit of the equipment in the case, latch cycles, seal pressure, hardware security, sensor installation and the presence of the required documentation. Where a program includes software or telemetry, the criteria also cover the registration of devices, the delivery of a test message and the appearance of the data in the agreed dashboard.

We notify the customer when a deliverable is ready for acceptance and provide the test records. The customer has ten business days to test the deliverable against the criteria and to report any material non conformity in writing. If no material issue is reported in that period, the deliverable is deemed accepted. Where a material issue is reported, we correct it and repeat the relevant test.

Acceptance is not withheld for matters that fall outside the agreed criteria or that are caused by the customer environment. If a customer continues to use a deliverable in production, that use is treated as acceptance of the deliverable, without prejudice to any later warranty claim.

11. Warranty

We warrant that our work will be performed with reasonable skill and care, that physical deliverables will conform materially to the agreed specification at delivery and that custom fabrication will be free from defects in materials and workmanship for twelve months from delivery, unless the statement of work states a different period.

The warranty does not cover wear from ordinary use, damage caused by misuse, overloading, unauthorised modification, improper storage, water ingress through a lid left open, or failure of a third party product that we did not manufacture. It also does not cover consumable items such as foam that has been cut or altered by the customer.

Where a valid warranty claim is made, we will repair or replace the affected item at our option. If repair and replacement are not reasonably possible, we will refund the price paid for the affected item. This is the customer exclusive remedy for a breach of the warranty. The customer must notify a claim within the warranty period and provide access to the item for inspection.

Except as stated in this section, and to the extent permitted by law, we exclude all other warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non infringement. Nothing in these terms excludes a warranty that cannot be excluded by law.

12. Support and maintenance

Support is provided according to the support plan in the statement of work. A standard plan includes a named contact during business hours, a response target for routine questions and a route for urgent transit issues. A response target is the time within which we acknowledge and begin work, not a guarantee of resolution.

Support does not include work caused by an unauthorised modification, by a failure of a customer system or network, or by a third party product outside its stated specification. Where we agree to perform such work, it is charged at our standard rates. Replacement parts are supplied at the price in force at the time of the order, unless a spares arrangement has been agreed.

We may release updates to documentation, configurations or software. Where an update changes the way a customer must operate a system, we will provide notice and any necessary instructions. The customer is responsible for applying an update within a reasonable period, and we are not liable for a failure caused by using an outdated version after notice has been given.

13. Data, telemetry and privacy

The customer retains ownership of its business data. We process telemetry and related information to provide the services, to support the customer and to improve our systems as described in our Privacy Policy at /privacy. Where we process personal information on behalf of the customer, we do so as a processor and only on the customer documented instructions, unless the law requires otherwise.

The customer is responsible for ensuring that it has a lawful basis for the collection and use of telemetry, for providing any required notices to its staff, drivers and contractors, and for configuring access so that information is visible only to those who need it. The customer must not use the services to monitor people in a manner that is unlawful or disproportionate.

We may use aggregated and de identified telemetry to develop better case designs, thresholds and routing logic. Aggregated information is prepared so that it does not identify the customer or any individual. We will return or delete customer data at the end of the agreement in accordance with the retention terms in the statement of work and our Privacy Policy.

The customer must keep its own backups of any data it exports from our systems. We maintain backups for disaster recovery, but those backups are not a substitute for the customer own records.

14. Intellectual property

All intellectual property in this website, in our drawings, templates, methods, software, documentation and technical know how remains with BOXAVIATION LLC or its licensors. The customer receives a non exclusive, non transferable licence to use the deliverables for its internal business purposes once the related fees are paid.

We retain ownership of the general engineering methods, libraries, code components and design patterns that we use across programs, including any improvement made while working for the customer. The customer receives no right to sublicense, resell or distribute those components separately from the deliverables.

The customer retains ownership of its own equipment, data, marks and materials. The customer grants us a limited licence to use those materials only as needed to perform the services. We may refer to a completed program in general terms, without disclosing confidential information, only where the customer has given written consent.

15. Confidentiality

Each party may receive information that the other treats as confidential, including equipment designs, route plans, pricing, customer lists, telemetry and security arrangements. The receiving party will use that information only to perform the agreement and will protect it with at least the same care it uses for its own confidential information.

Confidential information does not include information that is public through no fault of the receiving party, that was already known to the receiving party without a duty of confidence, that is independently developed, or that is received from a third party without a duty of confidence. Disclosure required by law or by a court order is permitted after notice to the other party where lawful, and only to the extent required.

These obligations survive the end of the agreement for five years, and indefinitely for trade secrets. On termination, each party returns or destroys the other confidential information, except for one archival copy kept for legal compliance and except for data retained under a backup policy.

16. Limitation of liability

To the extent permitted by law, neither party is liable for indirect, incidental, special or consequential loss, for loss of profit, loss of revenue, loss of goodwill or loss of anticipated savings, whether arising in contract, tort or otherwise, even if the possibility of such loss was known.

Our total aggregate liability arising out of or in connection with a program is limited to the total fees paid by the customer for that program in the twelve months before the event giving rise to the claim. Where a program is a one off purchase, the limit is the price paid for the affected deliverable. These limits do not apply to liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot be limited by law.

The customer is responsible for insuring its own equipment and for arranging transit insurance where it considers that appropriate. We do not insure the customer equipment in transit, and our liability for loss or damage to equipment that we do not own is limited as set out in this section.

Where our services depend on a third party network, carrier or satellite provider, we are not liable for a failure of that third party, provided that we have selected it with reasonable care and cooperate in resolving the issue.

17. Indemnity

The customer will indemnify BOXAVIATION LLC against claims, losses and reasonable costs arising from the customer equipment, from the customer use of a deliverable in a manner contrary to our instructions, from a breach by the customer of its data protection or monitoring obligations, or from the customer infringement of a third party right.

We will indemnify the customer against a claim that a deliverable we designed infringes a United States patent, copyright or trade secret, provided that the customer notifies us promptly, allows us to control the defence and cooperates reasonably. Our obligation does not apply where the claim arises from a customer supplied design, a modification made by the customer or a combination with a product we did not supply.

Where an infringement claim is made, we may procure a right for the customer to continue using the deliverable, modify it so that it no longer infringes, or refund the amount paid for it, at our option. This section states the customer exclusive remedy for an infringement claim.

18. Termination and suspension

Either party may terminate a subscription or an open ended support arrangement by giving thirty days written notice. A fixed program may be terminated only for material breach that remains uncured thirty days after written notice, or for insolvency, bankruptcy or a comparable event affecting the other party.

On termination the customer pays for work performed and materials ordered up to the date of termination, and we deliver the work product completed to that date. Deposits are applied to that amount, and any excess is refunded, less costs we cannot reasonably avoid. Where the customer terminates for convenience, we may also charge a reasonable demobilisation cost.

We may suspend access to a system immediately where a security risk, an unlawful use or a failure to pay an undisputed invoice requires it. Suspension is lifted when the cause is resolved. Sections that by their nature should survive termination, including payment, confidentiality, intellectual property, limitation of liability and governing law, continue to apply.

19. Force majeure

Neither party is liable for a delay or failure caused by an event beyond its reasonable control, including natural disaster, severe weather, fire, epidemic, war, civil unrest, labour dispute, failure of a public utility or transport network, a change in law or a failure of a supplier that could not reasonably be avoided.

The affected party must notify the other promptly and use reasonable efforts to mitigate the effect. If the event continues for more than sixty days, either party may terminate the affected portion of the agreement by written notice, and the customer pays for work performed and materials ordered up to the date of termination.

Force majeure does not excuse an obligation to pay an amount already due. A party that could have avoided the effect through a reasonable contingency plan may not rely on this section for the portion of the failure it could have prevented.

20. Governing law and disputes

These terms are governed by the laws of the State of Utah, United States, without regard to conflict of law rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Utah for any dispute that is not resolved through discussion.

Before starting formal proceedings, the parties will make a good faith attempt to resolve a dispute through senior representatives within thirty days of written notice. Where a dispute concerns a technical matter, the parties may agree to appoint an independent engineer to provide a written opinion, the cost of which is shared unless the opinion assigns responsibility.

Nothing in this section prevents either party from seeking urgent injunctive relief to protect confidential information or intellectual property. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these terms.

21. Changes to these terms

We may update these terms to reflect a change in our services, in the law or in the way we operate. The revised version takes effect when it is published on this page with a new effective date. For an active program, the version in force when the agreement was made continues to apply unless the change is required by law or the customer agrees to the update.

We encourage customers to review this page before starting a new program. Where a change materially affects an existing subscription, we will give reasonable notice and, where the customer does not accept the change, the customer may terminate the affected subscription before the change takes effect.

22. Contact information

Questions about these terms, notices of a claim and requests relating to an agreement should be sent to the contact point below. Notices are effective when received at the email address or postal address, or when sent by a carrier that provides proof of delivery.