TERMS AND CONDITIONS
DECLARATIONS
CHAPTER I. DECLARATIONS
The present document regulates, exclusively, all relations between THE CLIENT AND THE CARGO AGENT; same that are understood to be accepted since the moment the CLIENT makes a service request to the CARGO AGENT by any means accepted by both parties.
2. It is understood that the CLIENT is a physical, moral or legal person with legal capacity to hire the services of the CARGO AGENT
3. It is understood that the CARGO AGENT is a physical, moral, or entity person with legal capacity to hire and share services, here described as agent or principal in its case.
4. The legal responsibility that generates the present document is assumed by THE CLIENT and the CARGO AGENT and, in case of irregular societies, by the physical person that is represented or conformed.
5. Both sides agree that when electronic communications are used to negotiate any total or partial business, those communications have legal validity.
CHAPTER II DEFINITIONS
6. The definitions here written declaratory but not restrictive.
7. For this document effect, it is understood by:
7.1. CLIENT. Any physical person, moral or entity, that requires the provision of services of the CARGO AGENT of consultancy, advising, logistics in transportation, storage, distribution, management, and handling of cargo and merchandise or national and international goods.
7.2. CARGO AGENT Any physical or moral person that provides services of consulting, advising, logistics in transportation, warehousing, distribution, management, and handling of national and international cargo and goods.
7.3. CONSIGNEE. The person to whom the goods or merchandise will be shipped.
7.4. GOODS OR MERCHANDISE. Things or objects that are susceptible to be transported.
7.5. DANGEROUS GOODS. Those that establish with such quality the International Norms in Maritime, Air, Terrestrial, etc., as well as those that can be or become dangerous, inflammable or of radioactive character, or that damage themselves or other property or the goods that are packed in a dangerous way, goods that can lodge or originate vermin or other pests, goods that due to the legal, administrative or other obstacles as their transport, unloading or other type of situation are detained or cause that another person or property is detained. Empty containers previously used for the transportation of Dangerous Goods, except those that have been rendered safe, and goods that any authority deems dangerous or hazardous.
7.6. CONSOLIDATED MERCHANDISE. Merchandise that, due to its characteristics in volume and weight, is susceptible to travel with those of diverse characteristics in the same means or mode of transportation.
7.7. TRANSPORT UNIT. Packing box, pallet, container, trailer, vessel or any other mechanism used for and in connection with the loading of goods by land, sea or air.
7.8. SERVICES. Any business undertaken or advice, information or services provided by theCARGO AGENT.
7.9. REQUEST FOR SERVICES. Document, order, either written, telephonic, or electronic sent by any means from CUSTOMER to CARGO AGENT to provide services.
7.10. CONDITIONS. It refers to the dispositions established in the present document and its annexes.
7.11. ANNEXES. Any document that applies and governs with respect to the contracting of the SERVICES.
7.12. AUTHORITY. A duly constituted administrative or juridical person who acts within its legal powers and exercises jurisdiction within any nation, state, municipality, port or airport.
7.13. PRINCIPAL. Transportation service rendered directly by the CARGO AGENT.
7.14 AGENT. Services offered by contracting or rendered by third parties in favor of the CUSTOMER.
7.15. TARIFF. Cost of the services quoted by CARGO AGENT.
7.16. MANDATE. Action in which the CLIENT entrusts the management of one or more businesses to the CARGO AGENT to take charge of them by Account and risk of the first one.
8. SERVICE REQUESTS.
8.1. The parties expressly agree that the services covered by this document refer to the goods determined by the CLIENT in the service requests sent to the CARGO AGENT.
8.2. For a request for services to be understood, included within the stipulations of this document. It shall be sent to the CARGO AGENT by any of the means indicated in the present clause and be accepted by the same, expressly or tacitly.
8.3. The services requests could be made verbally, by telephone, written, telex, fax, MODEM, letter or any other means that allow an understanding between both parts.
CHAPTER III THE CLIENT
9. The CLIENT confers to the CARGO AGENT hastily, unless otherwise agreed:
9.1. Mandate without representation to hire the transport of the goods determined in each one of the service requests, in name of the CARGO AGENT, but on behalf of the CLIENT.
9.2. Mandate with representation to contract the insurances that cover the risks of the goods whose transit is entrusted; according to what is stipulated in this contract and as long as the CLIENT has provided the necessary for this contracting, in the terms and conditions known and accepted by the CLIENT.
9.3. Mandate with representation to deliver on behalf of the CLIENT the goods in the terms and conditions indicated in the instructions given by him.
10. THE CUSTOMER SHALL HAVE THE FOLLOWING POWERS AND OBLIGATIONS.
10.1. The CLIENT will require by means of the request of services to the CARGO AGENT the provision of the same, entrusting the planning, control, coordination, and direction of these to his counterpart, by means of pertinent and executable instructions.
10.2. The CUSTOMER guarantees that he is either the owner or the agent authorized by the legitimate owner and also that he accepts these clauses not only by his part, but also as agent for or on behalf of the Owner.
10.3. THE CUSTOMER shall truthfully provide to the CARGO AGENT, all information concerning description, value, quantity, volume, and weight and other characteristics of the goods subject of the services on the basis of the present document and guarantees that the information of all kinds related to the general and hazard nature of the Goods or Merchandise, its description, barcode, marks, number, weight, volume and quantity, as supplied by the CUSTOMER or the person on his behalf, is complete and correct at the moment when the CARGO AGENT, or third parties whose services were contracted, took the Goods under custody. The CUSTOMER undertakes to provide an independent confirmation of such details as requested by the CARGO AGENT.
In case of concealment or falsification of data, THE CUSTOMER will assume the total and absolute responsibility of what arises, as well as the obligation to declare when it is about goods considered as dangerous and to comply with the laws issued for such effect.
10.4. The CUSTOMER shall be considered with reasonable knowledge of the issues affecting the conduct of its business, including the terms of purchase and sale, the need for insurance and the scope of coverage available for the type of goods that will be available for transportation, the need to avoid the transmission of viruses through electronic communications, the need for confidential handling of information related to high-value goods, and other related issues.
10.5. The CLIENT should give to the CARGO AGENT, at the latest at the moment of delivery of the goods, all respective information and documentation for the transport in any contracted modality, which at least should contain: “the name and address of the addressee, the place of delivery, nature, value, number, weight, volume, and characteristics of the things as well as special conditions for the cargo and when the goods have a special packing or a technical distribution.
10.6. The CLIENT will be able to provide to the CARGO AGENT the necessary information to determine the routes, mode, and means of transport of the goods determined in the requests of services made by the CLIENT. The CLIENT shall assume all the responsibility for the suitability of his instructions and/or the choice he makes of such routes, modes, and means. Likewise, he will assume any damage caused due to the use of such route, mode or means, as long as the CARGO AGENT has adjusted to his instructions when selecting it.
10.7. The CLIENT shall inform to the CARGO AGENT, at the latest at the moment of delivery of the goods, all the necessary data to carry out the pertinent customs procedures of export or import, according to the Applicable Legislation and shall be responsible for all the duties, contributions, taxes and tributes in general, to which the goods are subject, including fines, arrears and similar derived from them. Such liability shall be exempted in case of proving fault or negligence on the part of the CARGO AGENT.
10.8. THE CLIENT must give written instructions to the CARGO AGENT, in a reasonable time before the goods are available to be stored or transported when it requires that the Company:
1.- To arrange the departure or arrival of the goods before the specific dates,
Arrange for the goods to be transported, stored or handled separately,
Arrange for the transportation of goods that could contaminate or affect other goods or could harbor or originate vermin or pests,
4.- Make a declaration of value or special interest for delivery to any carrier or terminal.
10.9. By instructions to the CARGO AGENT, THE CUSTOMER could assign to third parties the stored goods together with the right to dispose of them.
10.10. THE CUSTOMER may at any time modify the conditions of the transport whose contracting is entrusted to the CARGO AGENT or those of the other formalities related to the expedition, receipt, import, export, or conduction of the goods. Such modification shall be done by any of the accepted means to formulate the services requests. In these cases, THE CARGO AGENT may accept or reject the modifications. In case he accepts them, he should act according to the new instructions and do everything within his reach to modify the contracts that have been celebrated; if these could not be changed, THE CARGO AGENT will notify such circumstances to the CLIENT without involving his responsibility. THE CARGO AGENT in the rejection shall express, verbally or in writing, the reasons why he considers that the conditions of the contracts already celebrated or to be celebrated should not be changed; in this case the initial instructions shall continue to apply.
10.11. Any additional cost generated by the change arranged by the CUSTOMER shall be borne by the latter.
10.12. The CLIENT expressly authorizes the CARGO AGENT to delegate the provision of the requested services totally or partially. In case the transport commission is delegated, the intermediary commissioner will assume the obligations contracted by the CARGO AGENT in relation to the transport contracting.
10.13. The CLIENT shall have the right to inspect, by himself or by interposed person, the goods while they remain under custody of the CARGO AGENT in working hours, submitting to the instructions given by the CARGO AGENT while they remain under his care, for which the latter may appoint a representative.
10.14. THE CUSTOMER undertakes specially:
8.14.1 To inform the value of the goods whose transits are entrusted to the CARGO AGENT. In this value shall be specified the unitary F.O.B. price of each transported species, its quantity and quality, the value of taxes, packing, freight, insurance and other expenses.
8.14.2 Receive or make to receive the goods in the place indicated to the CARGO AGENT in the request of services.
8.14.3 Demonstrate to the CARGO AGENT, to the transporter or to the customs authorities, and of any nature, when any of them demands it, the property of the goods or the right of disposition that he has over them.
8.14.4 To pay, at the moment of requesting the services, the value of the services rendered and the other sums owed to the CARGO AGENT, according to the tariffs established by the latter, according to the corresponding chapter.
11. Packing and handling of goods by the CLIENT.
11.1. If the CARGO AGENT receives from THE CUSTOMER, the Goods, or Goods already stowed in a Transport Unit. It will be the responsibility of THE CUSTOMER that the Transport Unit is in good condition and is adequate for the transport of the Goods cargo to the planned destination.
11.2. If a Transport Unit whatsoever, was not packed, stowed, or accommodated by the CARGO AGENT, the CARGO AGENT shall not be liable for any loss or damage to the contents thereof if caused due to: (i) the manner in which the Transportation Unit was packed or stuffed; (ii) the unsuitability of the contents for transportation in such Unit; (iii) the unfitness or defective condition of the Transport Unit, provided that, if the Transport Unit was provided by or on behalf of THE CARGO BROKER, this paragraph shall only apply if the unfitness or defective condition (a) arose without negligence on the part of THE CARGO BROKER or (b) would have been apparent upon reasonable inspection by CUSTOMER, owner, or representative of either or (c) if it arose as a result of the particularities of the Goods, and such particularities were not notified to CARGO BROKER; or (iv) the Transport Unit was not sealed at the beginning of any transportation.
11.3. For this purpose, the CUSTOMER shall deliver the goods properly prepared, packaged, packed, marked and labeled. The CLIENT guarantees that the preparation, packing, packing, marking and labeling of the goods is suitable and sufficient for any manipulation or operation affecting them. Exceptionally, THE CARGO AGENT may accept instructions of the CLIENT for the preparation, packing, packaging, marking and labeling of the goods. In this case, the CLIENT shall respond that such instructions are sufficient and clear for any person dedicated to such activities to execute them and that, if followed, the goods shall support any manipulation or operation impacting them.
11.4. The CLIENT will be strictly responsible for the losses, damages, or damages caused by inadequate or insufficient packing carried out directly by the CLIENT himself or on his account, by a person different from the CARGO AGENT.
12. Special Conditions. Even when the CARGO AGENT, accepts the instructions of the CUSTOMER to charge the freight, taxes, charges, accounts payable or other expenses to the Consignee or other Person, under receipt of a proper request by the Company and, in the absence of evidence of payment (for any reason) by the Consignee, or other Person, the CUSTOMER is still responsible for such freight, taxes, charges, accounts payable or other expenses
CHAPTER IV. THE CARGO AGENT .
13. THE CARGO AGENT SHALL HAVE THE FOLLOWING POWERS AND OBLIGATIONS.
13.1. To receive the instructions of the CUSTOMER, contained in the request for services.
13.2. Receive the goods determined in the service requests accepted by him, provided that they are attached to the specifications therein indicated.
13.3. To provide the CUSTOMER with the necessary advice for the planning, control, coordination and direction of the transits entrusted to it.
13.4. To execute in its own name the contract of carriage of the goods, in accordance with the instructions given by the CUSTOMER.
13.5. THE CARGO AGENT offers its services based on these clauses and apply to all activity and services offered or processed by the CARGO AGENT when processing the transportation or providing services related to it, such as, among others, storage and any other kind of logistic services.
13.6. THE CARGO AGENT, is forced to receive the goods determined by the CLIENT in the request of services, whose transportation has been entrusted to him in the terms of this document and will only verify the apparent condition of the goods received and, eventually, its packing, so it will not be responsible for the content of the transport units.
13.7. If the delivered goods or its packing appear defective or in bad conditions, THE CARGO AGENT shall timely notify such circumstance to the CLIENT in order to take the measures of the case. If it does not do it in due time, THE CARGO AGENT shall make the annotation in the respective transport document, keep the documents and elaborate a written statement where such circumstance is stated, thus clearing its responsibility.
13.8. The CARGO AGENT, commits to provide the services of planning, project, coordination, follow up, control and direction of all the necessary operations for the transfer of the goods or merchandise described in the present document, the different means of transports, as well as the handling, deposit of the goods to the destination place requested by the CLIENT, established in the annexes of the present document.
13.9. THE CARGO AGENT must take reasonable care in the fulfillment of its obligations, including the selection and instruction of third parties that provide its contracted services on behalf of the CUSTOMER, having to perform its tasks with a reasonable level of attention, diligence, skill and judgment.
13.10. THE CARGO AGENT may reject totally or partially the services requests, within three (3) days after the receipt of the same, in case of silence, it shall be understood as rejected. In case a service request is rejected by THE CARGO AGENT, THE CUSTOMER may contract the same services covered by this contract with any other person designated by the CUSTOMER.
13.11. In the same way, if THE CARGO AGENT, has not received the CLIENT's request and is notified by third parties of the shipment of merchandise or goods as Consignee for handling of the same, THE CARGO AGENT itself, may reject the merchandise, giving notice to the corresponding authorities of such refusal, as prevention for the shipment of forbidden merchandise.
13.12. In case CARGO AGENT has to execute acts of conservation of the goods sent, THE CLIENT will be responsible and will pay the costs implied by them, without being understood that by practicing such acts he accepts the request of services.
13.13. THE CARGO AGENT shall supervise the displacement of the goods, by means that he considers adequate, having the duty to notify the CLIENT any anomaly that may appear in the execution of the same and being able to modify the conditions of the transport, even if it becomes more onerous, in order to safeguard the integrity of the goods. In these cases, the higher costs caused by the measures taken by THE CARGO AGENT will be assumed by the CLIENT in the way indicated in this contract. When THE CARGO AGENT considers that it is necessary the modification of the transport conditions, he will inform the CLIENT, explaining the reasons that support his suggestion. If it is not possible to locate the CLIENT or if the circumstances do not allow previous consultation, THE CARGO AGENT shall take the necessary measures in order to protect the interests of the CLIENT.
13.14. According to the instructions of the CLIENT, or when the CLIENT does not indicate it in a different way, THE CARGO AGENT will be able to choose freely the transporter, modes, means and routes of transport that he considers convenient with the nature of the goods, the trade rules, the terms of the letters of credit, the delivery terms and any other additional circumstance that could influence in such decision. In special cases, the CARGO AGENT will be able to deviate from the instructions of the CLIENT and contract equivalent means or ways, as long as he obtains completely the transit to the entrusted one.
13.15. The CARGO AGENT, shall have the right but not obligation to deviate from the instructions of the CLIENT if, in his sole judgment, there is justified reason to do it for the benefit of the same CLIENT. The CARGO AGENT shall not acquire greater responsibilities at all, in addition to those described herein (if any).
13.16. At any time, THE CARGO AGENT may comply with orders or recommendations given by any Authority.
3.17. Shall deliver the goods or merchandise that by these means are transported described in the annexes of this document or the request of services, and shall be delivered in the place indicated in the same, according to the conditions established.
13.18. The CARGO AGENT at the CLIENT's request and by own agreement will be able to carry out all the corresponding procedures before the different authorities, and will be able to contract or execute directly the necessary procedures of foreign trade for the expedition, conduction, receipt, import or export of the goods delivered by THE CLIENT.
13.19. When the CARGO AGENT acts directly before the customs authorities, he will do it on behalf of the CUSTOMER, also when the CARGO AGENT, has the quality of customs agent duly authorized or hires an authorized customs agent, THE CUSTOMER will be responsible for any claim made by third parties due to the acts executed in the development of the services.
13.20. The CARGO AGENT's liability in respect of the Goods shall terminate upon delivery or other disposition of the Goods or merchandise in accordance with such orders or recommendations.
13.21. THE CARGO AGENT may demand the inspection of the goods at the end of each charge and request from the CLIENT or from the person who receives the goods according to what is stipulated in this contract and in the particular instructions of each case, a document in which they are declared as received to satisfaction and renounce to any claim against the CARGO AGENT.
13.22. THE CARGO AGENT, is not obliged to verify the authenticity or authority of the signatories of any communication, instruction or document affecting the disposition of the goods. Being strictly responsibility of the CLIENT to give him the information of who will be the signatories and with which document they will be identified.
13.23. In case no person is present to receive the goods and THE CARGO AGENT is obliged to do it, THE CUSTOMER assumes all the responsibility for the expiration of the legal or contractual terms of claim to the carrier for loss or damage to the goods or for delays in the delivery.
13.24. If for any reason the delivery could not be made or there is discrepancy about the conditions in which it should be made, or the person entitled to receive the goods, the CARGO AGENT could receive and return them, deposit them or take any other precautionary measure at the expense of the CLIENT, the addressee and the owner of the goods, in a joint and several ways. Likewise, he will be able to dispose of the fungible things or susceptible of damage by their nature or state.
13.25. THE CARGO AGENT, shall not be responsible for delays in the delivery of the goods. Any claim for this concept must be formulated in the presence of the carrier, except for the provision of services with main modality. The goods travel at the expense and risk of our customers, and we do not insure them in the absence of an express written order. In terms of responsibilities, we are governed by the International regulations of Sea, Air and Land transport as well as by the Incoterms of the International Chamber of Commerce (ICC). In all transport operations the liability of the freight forwarder shall in no case exceed that assumed by Railways, Shipping Companies, Airlines, Road Transport Companies or any other intermediary intervening in the course of the transport.
14. MODALITIES OF SERVICES.
14.1. THE CARGO AGENT, shall provide its services either as principal or as agent.
14.2. It is understood that generally the CARGO AGENT acts as Agent.
14.3. It is understood that the CARGO AGENT provides its services as Principal when:
14.3.1. When he performs any transportation, handling or storage of Goods, but only when the transportation is performed by the same CARGO AGENT, with own goods or his employees, and the Goods are under custody and actual control of these.
14.3.2. When CARGO AGENT contracts with CUSTOMER under the legal figure of Multimodal Transport Operator;
14.3.3. When the CARGO AGENT accepts it expressly and in writing.
14.3.4. The figure of Principal will only be actualized with respect to the part of the service rendered directly by the CARGO AGENT, by its own means or employees, without considering the other parts contracted by third parties.
14.4. Without prejudice to the Clause, when THE CARGO AGENT acts as Agent, he has the authority of the CUSTOMER to enter into contracts on behalf of the CUSTOMER and perform such acts that bind the CUSTOMER to such contracts or acts in all senses, notwithstanding any deviation from the instructions of the CUSTOMER.
14.5. THE CARGO AGENT shall, upon request of the CLIENT, provide evidence of any contract signed as agent of the CLIENT. In case he does not comply with the obligation to provide such evidence, it shall be considered that THE CARGO AGENT signed the contract with the CLIENT in role of principal for the performance of the instructions of the CLIENT.
14.6. The CARGO AGENT, who expressly accepts to act as principal in any of its services, shall have full freedom to perform such services by itself, or to subcontract in any term all or part of such services.
CHAPTER V. DANGEROUS AND SPECIAL GOODS.
15. THE CLIENT shall comply with the local and international norms that regulate the transport of dangerous goods, and in any case inform in writing to the CARGO AGENT about the exact nature of the danger.
16. DANGEROUS GOODS.
16.1. In absence of such indications, if the CARGO AGENT, the carrier, an authority and/or a third party duly empowered for it, believe that they constitute a risk for the life or property, the goods could be unloaded, destroyed or transformed and inoffensive, as circumstances require and without any compensation. The costs and damages that arise shall be borne by the CUSTOMER.
16.2. If any non-dangerous merchandise embarked with knowledge of the CARGO AGENT about its nature, becomes dangerous while under its responsibility, likewise it may be unloaded, destroyed or deposited, without any responsibility on the part of the CARGO AGENT.
16.3. The CUSTOMER undertakes not to deliver for transportation any goods which are of a dangerous, flammable, radioactive, risky or harmful nature without explaining the characteristics of the goods to the CARGO AGENT. The CUSTOMER commits to mark the goods and the outside of the packing or the container in which they will be put in compliance with any of the laws or regulations that are applicable during the transportation, or request it to the CARGO AGENT, by written instruction.
16.4. The CLIENT will indemnify the CARGO AGENT in case of loss, deterioration, costs, or expenses incurred as a consequence of omission of this obligation, insufficiency in its fulfillment or late execution.
17. Without a previous agreement in writing from a representative authorized by the CARGO AGENT, the CARGO AGENT will not accept or negotiate with Goods or Merchandise that require a special handling with respect to transportation, handling, or security, either by its nature of attraction for thieves or other reasons, including but not limited to, gold or silver bullion, coins, precious stones, jewelry, valuables, antiques, paintings, human remains, livestock, pets and plants. If however the CUSTOMER delivers such goods to the CARGO AGENT or causes the CARGO AGENT to handle or deal with such goods, unless there is a prior agreement, the CARGO AGENT is not responsible for the goods or what is related to them, whatsoever arises.
18. SPECIAL GOODS. Except previous special instructions notified in writing, the CARGO AGENT will not accept or handle goods qualified as dangerous, nor ingots, precious metals, coins, precious stones, jewelry, values, antiques, paintings, plants, cattle, human remains, among others. If THE CUSTOMER, however, without the existence of a previous agreement, sends such goods in a different way than a written agreement, THE CARGO AGENT shall not have any responsibility in relation to such goods. THE TRANSPORTATION OF GOODS PROHIBITED IN THE COUNTRY OF ORIGIN OR DESTINATION IS STRICTLY THE RESPONSIBILITY OF THE CLIENT.
18.1. In case of goods qualified as “perishable”, THE CUSTOMER should take the precautions that the nature of the goods requires for its delivery. THE CARGO AGENT will not assume any responsibility for deterioration, losses derived from delays due to revision by the governmental authorities, lack of capacity in the transporting lines.
18.2. Delays in connections and in general, for all those causes that are not attributable to the conduct and will of the same one.
18.3. Works of art and other high value goods, goods whose proportion between volume and weight does not correspond such as bicycles, baby carriages, feathers, bamboo furniture or hollow glass, will be accepted at Tariff available upon request to the CARGO AGENT. Duties, taxes and local charges, baggage handling and local delivery charges are in addition to the Carriage Rates, unless otherwise stated.
----------------------------
CHAPTER VI. OF THE CONDITIONS OF INSURANCE.
19. The insurance of the merchandise, will only be contracted by the CARGO AGENT at the request of the CLIENT if this has been stated, by the latter in the Request, and the CARGO AGENT may offer merchandise insurance by itself or through the hiring of third parties (Insurance Company).
19.1. All insurance contracted for merchandise is subject to the usual exceptions and conditions of the policies of the insurers or insurers that bear the risk.
20. When the merchandise insurance is not contracted or offered by the CARGO AGENT , he may recommend to the CLIENT, an insurance agent to properly process the insurance according to the CLIENT needs. After making this recommendation, the CARGO AGENT has no further obligation regarding insurance, and will not be responsible for loss or damage to the goods during their transportation or storage that may have been covered by appropriate insurance on them.
21. In the event that merchandise insurance is not contracted, the CLIENT is aware that the responsibility does not fall on the CARGO AGENT.
CHAPTER VII. OF THE RATES AND PAYMENT CONDITIONS.
22. Unless otherwise agreed, the consideration for the Services will be covered in the following manner and times:
22.1. The CUSTOMER will pay the CARGO AGENT at the time of requesting the Service the value of this and the other sums owed in accordance with the accepted Rate.
22.2. The CLIENT will pay with respect to the expenses that the CARGO AGENT will incur due to the provision of the Service, in accordance with the advance payment requested by the CARGO AGENT or at the time of presentation of payment receipts.
22.3. Only if it was accepted by mutual agreement by the Parties in payment at the place of destination, the payment will be made by the CUSTOMER at the time of delivery to the agreed place.
22.4. When the Parties agree that the Consignee will pay for the Services, it will pay at the agreed time. However, the CUSTOMER will continue to be responsible for them if the Consignee does not pay.
22.5. In the event that the CLIENT results in owing any sum to the CARGO AGENT , he must pay it within the days following the express or tacit approval of the accounts owed. If the amount of said obligations is in foreign currency, they will be paid in legal tender (Chilean pesos) at the official exchange rate published by the Central Bank of Chile plus thirty pesos, applicable for the day on which the payment is made. .
23. THE CARGO AGENT:
23.1. Is bound that within the calendar days following the termination of the provision of a Service, it must render accounts to the CLIENT of its activities, expenses, freight, taxes and other proven expenses, as well as the provision and other amounts received, in order to determine the amount and the obligations in charge of each one.
23.2 He has the option to charge by value, weight or measure.
23.3. Additional expenses that may occur due to events or circumstances after the contracting date will be borne by the CLIENT, provided that they are duly justified. Additional expenses that may happen due to events or circumstances after the contracting date will be borne by the user, provided they are duly justified.
23.4. Unless otherwise agreed, in the case of Services payable at the place of destination, no documentation or merchandise will be delivered until their payment has been verified. If the Consignee of the merchandise rejects it, abandons it or for any reason does not comply with the payment, the CLIENT will be jointly and severally liable for the payment of Services and all expenses arising from such cause, the CARGO AGENT not assuming the obligation to reship that merchandise to the place of origin or another destination.
23.5. The granting of credit in favor of the CLIENT is not presumed and must be recorded in writing, with the term and interest conditions stipulated and the guarantees that may be required.
23.6. The CUSTOMER will reimburse the CARGO AGENT for expenses derived from deviation, delay and other increase in expenses of any kind, caused by strikes, military actions, government measures or force majeure.
24. The Rate is considered to be the costs of the Service that is sent or provided by the CARGO AGENT and is accepted by the CLIENT. It will be understood that a Rate is accepted when:
24.1. Expressly upon having declared it or having been signed by the CLIENT, via email or fax.
24.2. Having made a Request for Services.
24.3. The validity of the Rates is subject to change without prior notice and are subject to correction or rejection, being able after approval, mentioning but not limited to variations in the exchange rate, loading rate, carrier surcharges, or any other charge considered in the Rate; being the CLIENT responsible for the payment of any increase in freight rates, premiums or other charges that may be imposed once the transit has begun.
25. The payments that the CLIENT makes to the CARGO AGENT must be:
25.1. In cash or in the form that the CARGO AGENT accepts, the entire sum immediately upon maturity without discount or deferral due to claims, counterclaims or compensation.
25.2. The CUSTOMER waiving the right to compensation, if any, against what is owed to the CARGO AGENT.
25.3. The lack of timely payment will generate interest on all amounts owed, calculated from the date on which the amounts were due and until their payment, at a current legal interest rate.
CHAPTER VIII. STORAGE CONDITIONS.
26. The CARGO AGENT will advise the CLIENT on issues related to the storage of the goods before and/or after the transport or during the execution of the procedures and the fulfillment of the necessary formalities for the expedition, receipt, importation of the same. In development of this obligation, it must, following the instructions of the CLIENT, choose the warehouse in which the merchandise will remain at the places of shipment, destination or in intermediate places.
27. Whether the storage of the goods is contracted with a third party or is done directly by the CARGO AGENT, the CLIENT, in addition to the information indicated in the Service Request, must indicate the following data:
27.1. Name of the person to whom the merchandise must be delivered.
27.2. Name of the transporter, multimodal transport operator or transport commission agent, if the transport is not being coordinated by the CARGO AGENT.
27.3. A detailed and exact description of the merchandise, including its class and nature, number of packages, technical data, measurements, weight, quality and, in general, any information that is considered necessary for the normal development of storage.
28. In the event that the storage is carried out in the General Deposit Warehouse, the CARGO AGENT may appear as the owner of the merchandise for the purposes of issuing the corresponding Certificate of Deposit and pledge bond, when it is issued. In these cases, the CARGO AGENT may endorse said security in favor of the CLIENT, Recipient of the goods, their owners or any of their representatives, in which case the order will be understood to have been fulfilled, and his obligation will be extinguished.
29. Special cases:
29.1. In the event that the goods to be transported require storage due to unforeseen causes beyond the control of the CARGO AGENT (such as: non-submission of documents, loss and replacement of the same, embargoes by competent authorities, etc.), the cost of storage with respect to the time, volume, weight and value that is agreed in the designated place will be covered by the CLIENT, in the understanding that prior to the execution of this contract, the CLIENT was informed which goods need to be stored.
29.2. If the CUSTOMER, Consignee or Owner of the Goods does not pick up the shipment at the time and place determined when and where the CARGO AGENT is authorized to deliver it, the CARGO AGENT may store the Goods, at the risk of the CUSTOMER, Consignee or Owner, in at which time the responsibility of the CARGO AGENT with respect to the Goods or part of them, will end totally. All costs generated by such storage will be paid by the CUSTOMER as a result of not receiving the shipment. The CLIENT grants the CARGO AGENT authorization to, at the CLIENT's expense, dispose of or negotiate (by sale or in any other way that is reasonable in any circumstance, the Goods that are stored for more than 90 days and which have not been able to be delivered as was indicated, after having warned the CLIENT in writing at least calendar days in advance, or without prior warning when the CLIENT cannot be reached and a reasonable effort has been made to contact the CLIENT.
CHAPTER IX. OF RESPONSIBILITY, PENALTY, AND INDEMNIFICATIONS.
30. The CARGO AGENT and the CLIENT assume their respective responsibility that may arise due to non-compliance with any provision agreed or provided.
31. Regarding the CLIENT:
31.1. The CLIENT shall indemnify the CARGO AGENT for any loss, damages, losses and expenses, as well as for responsibilities assumed before third parties, arising from compliance with the CLIENT's instructions, or arising from any negligence or breach of the latter.
32. Regarding the CARGO AGENT:
32.1. It will be responsible for the losses or damages caused to the Goods, from the moment it takes charge of them until their delivery, said responsibility includes serious and intentional acts or omissions, which the CLIENT demonstrates that they are attributable to the CARGO AGENT, and always and when the user does not obtain or cannot obtain compensation from an insurance company or third parties.
32.2. The CARGO AGENT is exempt from any responsibility in case of:
32.2.1. Due to acts or omissions of the CLIENT.
32.2.2. Due to insufficiency or defective condition of the packaging, marks or numbers.
32.2.3. Because the loading, stowage or unloading has been manipulated by the user or by a third party acting on his behalf.
32.2.4. Due to vice inherent to the nature of the merchandise.
32.2.5. Due to a strike, work stoppage or any other obstruction to work, the consequences of which cannot be avoided by the agent.
32.2.6. It is exempt from liability for non-compliance with the instructions received from the CLIENT after the issuance of the Request document.
32.2.7. Confiscation of merchandise or any other act of authority.
32.2.8. If for any reason beyond the control of the CARGO AGENT the transport does not take place, there will be no responsibility for this.
32.2.9. For any reason qualifying as force majeure.
32.2.10. Damages caused by the delay in the delivery of the goods.
33. The CLIENT must notify the CARGO AGENT in writing of any claim, no later than within 02 calendar days following the date indicated for the delivery of the goods. In case of not giving notice as required in this clause, the claim will be legally inadmissible, and it will not be possible to act against the CARGO AGENT to assert the claim.
34. If the Goods arrive at their destination, the consignee or his representative duly notified, does not withdraw it before the expiration of the legal term to be considered abandoned, the CARGO AGENT will not assume any responsibility for the sanctions that the government authorities may impose on the regard. The CARGO AGENT is not obliged to carry out any legal and/or administrative procedure in relation to said abandonment.
35. The CARGO AGENT shall have a general right of retention on all the Goods and documents related to the Goods in its possession, custody or control for the current amount owed by the CLIENT. Charges for storage of the Retained Property will continue to accrue pursuant to such lien.
CHAPTER X. APPLICATION AND COMPETENCE
36. Any Service or activity provided by the Company, whether free or not, will be subject to these clauses, which are considered as part of any agreement or arrangement between the Company and its CLIENT, and which must prevail over any condition of contract by the CLIENT.
37. If any legislation, including regulations and directives, is compulsorily applied to any business undertaken, it is assumed that these clauses are subject to said legislation in relation to such business, and nothing in these clauses should be interpreted as a waiver by the CARGO AGENT to any of its rights or privileges or as an increase in any of its obligations and responsibilities under such legislation and, if any part of these clauses conflicts with such legislation in any way, such party shall, in relation to said business, be invalidated to such an extent and not beyond.
38. If upon issuance of a “bill of lading” by or on behalf of the company that specifies that the Company enters into a contract as carrier, the provisions established in such document shall prevail to the extent that said provisions do not enter in conflict with these Clauses.
39. These Clauses will apply to any claim or dispute arising from or in relation to the Services of the CARGO AGENT, they will apply to all onerous or free business carried out by THE CARGO AGENT in favor of the CLIENT.
40. These conditions, their clauses and any act or contract to which they apply will remain under the jurisdiction and application of Chilean Law.
CHAPTER XI. FINAL PROVISIONS
41. BOTH PARTIES may terminate the contractual relationship they enter into, by means of a letter sent to their counterparty, by written notice 30 days in advance.
42. THE CLIENT must entrust his procedures to a different person. Likewise, he must cover the debts that he has with the CARGO AGENT .
43. The services being provided, unless otherwise provided, must be completed by the CARGO AGENT , in the terms described in this document. Otherwise, THE CLIENT undertakes to cover all expenses generated by the change and cancellation of the requested services.
44. It may also be terminated when it is impossible to carry out its purpose, by one of the parties or by both.