STANDARD TRADE CONDITIONS OF THE FREIGHT FORWARDING AGENT FOR MEXICO, STC; VERSION I
JUSTIFICATION
By recommendation of FIATA and based on the Freight Forwarders’ prevailing need to have clear contract conditions that protect their working operations, the present Standard Trade
Conditions of the Freight Forwarding Agent for Mexico is issued in its early version by the Mexican Freight Forwarders Association (AMACARGA).
Therefore, in the effort to achieve the highest level of protection for the Freight Forwarders in
Mexico, a harmonic analysis of the General Trade Conditions of other countries such as Great
Britain, Singapore, Canada & Colombia was completed, and the problematic issues that have
been detected and are experienced by the Freight Forwarders when dealing with their clients
and suppliers are being studied.
It is of prevailing importance to point out that this document shall have the legal authority to
compel the users or clients, as well as to clarify and define the Freight Forwarders’ obligations,
which therefore will help protect the aforementioned parties against the proceedings of
related third parties, without which the Freight Forwarders would not be able to directly
protect the interests and issues they are faced with daily.
Therefore, the project presented is the second attempt carried out by AMACARGA to protect
the activities of its union members, in a comparative study, syncretic and with a clear and
general proposal for the communal use of all its associates, regardless of the sort of logistics
they coordinate or carry out.METHODOLOGY.
The following conditions are divided in Chapters:
I. Statements.
II. Definitions.
III. Service requests.
IV. The CLIENT.
V. The FREIGHT FORWARDER.
VI. Handling of dangerous and special goods.
VII. Insurance conditions.
VIII. Payment rates and conditions.
IX. Warehousing conditions
X. Responsibilities, fines and compensations
XI. Competence
XII. Final arrangements
2.5. DANGEROUS GOODS. Those established with precise quality by International
Maritime, Aerial, Overland, etc., Regulations as well as those that could be or
become dangerous, flammable or of a radioactive nature, or that are selfharming or toward another property; or the dangerously packaged goods. Goods
which could house or originate vermin or other pests, goods that due to the
legal, administrative or other obstacles such as its transport, unload or other
type of situations could be detained or cause another person or goods to be
detained; empty containers previously used for the transportation of dangerous
goods, with the exception of those turned into safe; and goods considered by
any authority to be dangerous or risk-inducing.
2.6. CONSOLIDATED GOODS. Merchandise grouping belonging to various consignees,
gathered to be transported from a port, airport or land terminal with a
destination to another port, airport or land terminal, in containers or in like
manner, as long as they are contained within the same transportation unit.
2.7. TRANSPORTATION UNIT. Packaging case, pallet, container, trailer, ship or any
other mechanism utilized for and in relation to the upload of goods by land, sea
or air.
2.8. SERVICES. Any business taken on or advice, information or service provided by
the FREIGHT FORWARDER.
2.9. SERVICE REQUEST FORM. Document or order, whether written, by phone or
electronic sent by any means from the CLIENT to the FREIGHT FORWARDER for
the provision of services.
2.10. CONDITIONS. Refers to the regulations established in this document and its
appendixes.
2.11. ANNEXES. Any document that applies to and rules regarding the contracting of
SERVICES.
2.12. AUTHORITY. Administrative or a legal entity duly constituted who acts within
his/her legal powers and practices jurisdiction within any nation, state,
municipality, port or airport.
2.13. HAGUE VISBY RULES. Are the dispositions by the Protocol of the International
Convention for the Unification of Certain Rules of Law relating to Bills of
Lading, signed in Brussels, on August 25th 1924, and amended by the Protocol
established in Brussels on February 23rd 1968.
2.14. WARSAW CONVENTION. Is the Convention for the Unification of Certain Rules
related to International Aerial Transportation, signed in Warsaw, October 12th
1929 and amended in The Hague in 1955 and in Montreal in 1995.
2.15. UNCTAD. United Nations Conference on Trade and Development
2.16. PRINCIPAL. Transportation service borrowed directly from the FREIGHT
FORWARDER.
2.17. AGENT. Services hired or provided by third parties in favor of the CLIENT.
2.18. RATE. Cost of the services quoted by the FREIGHT FORWARDER.
2.19. MANDATE. Process in which the CLIENT entrusts the management of one or
more businesses to the FREIGHT FORWARDER to become responsible for them
on account and risk of the aforementioned.
2.3.1. In case of concealment or forgery The CLIENT shall take absolute and full responsibility for what may arise; this includes but is not limited to damages
caused to the FREIGHT FORWARDER and to third parties, expenses and other economic compensations generated; the CLIENT shall thereby be
obliged to testify when goods regarded as dangerous are involved and shall comply with the laws issued for such effect.
2.4. The CLIENT is considered to be reasonably aware of the matters pertaining to the management of their business, including the sale and purchase terms, the need for assurance and the extent of the coverage available for the type of goods available to them for its transportation, the need to avoid the transmission of viruses
through electronic communications, the need for confidentiality of the information related to high-value goods, and other such matters therefore related.
2.5. The CLIENT must give the FREIGHT FORWARDER, upon the delivery of the goods at the latest, all the necessary information and documentation for transportation by
any hired means, which shall at least include: the name and address of the recipient, the place of delivery, the nature, the value, the number, the weight, the
volume, and the characteristics of the contents, such as the particular conditions of the load and when the goods require special packaging or a technical distribution.
2.6. The CLIENT may provide the FREIGHT FORWARDER with the necessary information to determine the routes, the means and method of transportation the goods listed
in the service request forms made. The CLIENT assumes all responsibility for the suitability of its instructions and/or of the selection of such routes, means and
methods. And will likewise assume any damage that is caused as a result of using that route, means and method, and when selected by the Freight Forwarder as a
result of following such instructions.
2.7. The CLIENT must inform the FREIGHT FORWARDER, upon delivery of the goods at the latest, of all the necessary data to carry out the customs paperwork with
respect to import and export, according to applicable laws and will be held responsible for all the rights, contributions, or taxation in general which the goods
may be subjected to, including fines, late fees and such pertaining similarities. Such responsibility shall be exempt in case of proven guilt or negligence by the FREIGHT
FORWARDER.
2.8. The CLIENT must provide written instructions to the FREIGHT FORWARDER, within a reasonable amount of time before arranging to store or transport the goods when
it is required that they: 1.- Process the departure or arrival of the goods before the dates specified, 2.- Ensure that the goods are transported, stored or dealt with
separately, 3.- Process the transportation of goods that could contaminate or affect other goods or could host or originate vermin or pests or that could for any reason
put public health at risk, 4.- Declare the value or special interest to deliver it to any carrier or terminal.
2.9. By instructions to the FREIGHT FORWARDER, the CLIENT may relinquish the goods stored as well as the right to make use of them to third parties.
2.10. The CLIENT may at any time modify the transporting conditions whose contracting is entrusted to the FREIGHT FORWARDER or of those of any of the other paperwork
procedures regarding the issuing, reception, import, export or handling of the goods. Such modification must be made by any of the agreed means to make the
service request forms. In such cases, the FREIGHT FORWARDER may accept or reject the modifications. In case of acceptance, it should act in accordance with the
new instructions and do everything within its grasp to modify the agreements signed. If such could not be changed, The FREIGHT FORWARDER shall inform the
CLIENT of such circumstances without bearing any accountability. The FREIGHT FORWARDER, in case of rejection, must express verbally or in writing the reasons
why it considers conditions should not be changed in the contracts already signed or yet to be signed; in such a case, the original regulations shall remain effective
3.3. For this purposes, the CLIENT shall hand over the goods duly prepared, packed, wrapped, marked and labeled. The CLIENT guarantees that the preparation,
packing, wrapping, marking and labeling are suitable and adequate for any handling or motion that may affect them. Exceptionally, the FREIGHT FORWARDER shall
accept instructions from the CLIENT for the preparation, packing, wrapping, marking and labeling of the merchandise. In this case the CLIENT shall vouch for
such instructions to be adequate and clear for any person in charge of such activities to carry them out in such a way that the goods will bear any sort of
handling or motion that may affect them.
3.4. The Client shall be strictly accountable for any loss, damage or breakdown caused by un suitable or insufficient packing carried out directly by the CLIENT or on his
account by any person other than the FREIGHT FORWARDER.
4. Special Conditions
Even when the FREIGHT FORWARDER accepts the instructions from the CLIENT for charging the freights, taxes, charges, bills to pay or any other expenses, through the
reception of a suitable request by the FREIGHT FORWARDER and in the absence of evidence of payment (for any given reason) by the consignee, or another person; it is
understood that the CLIENT is still accountable for such freights, taxes, charges, bills to pay and other expenses.
CHAPTER V
The FREIGHT FORWARDER
1. THE FREIGHT FORWARDER shall have the following powers and obligations.
1.1. To receive instructions from the CLIENT included in the service request form.
1.2. To receive the goods established in the service request forms accepted, provided that they adhere to the specifications thereby listed.
1.3. To provide the CLIENT with the necessary consultancy for planning, controlling, coordinating and directing the movements entrusted to it.
1.4. To sign on its own behalf the transporting agreement in accordance with the instructions provided by the CLIENT.
1.5. The FREIGHT FORWARDER offers its services with base on these clauses, which are applicable to all activities or services offered or processed by it, concerning
the transportation of goods or the provision of related services, such as warehousing and any other kind of logistic services.
1.6. The FREIGHT FORWARDER is required to receive the goods established by the CLIENT in the service request form, whose transportation has been entrusted
under the terms stated in this form, and will solely verify the apparent conditions of the goods it receives and, eventually, its packaging, therefore it shall not be
held responsible for the content of the transportation units.
1.14. In accordance with the CLIENT’s instructions, or when not indicated otherwise,
the FREIGHT FORWARDER may freely choose the transporter, methods, means
and transport routes that it deems convenient according to the nature of the
merchandise, the rules of trading, the terms of the letters of credit, delivery
deadlines and any other additional circumstance that might influence said
decision. In noteworthy cases, the FREIGHT FORWARDER shall be allowed to
divert from the CLIENT’s instructions, and hire equivalent means or methods,
provided that the entrusted transit is completed.
1.15. The FREIGHT FORWARDER shall have the right, but not the obligation, to divert
from the CLIENT’s instructions if, to its judgment, there is a justified reason to do
so for the CLIENT’s own benefit. The FREIGHT FORWARDER shall take absolutely
no further responsibilities, aside from those herein described (case sensitive).
1.16. At any moment, the FREIGHT FORWARDER may comply with the orders or
recommendations given by any authority.
1.17. It must deliver the goods or merchandise transported by these means, as
described in the appendixes of this document or the service request form, and will
be delivered at the destination indicated therein, under the established
conditions.
1.18. The FREIGHT FORWARDER, upon the CLIENT’s request and by own agreement,
shall be able to carry out any relevant transactions before any authorities, and
shall be allowed to directly hire or execute any commercial transaction needed for
the issuing, handling, receipt, import or export of the goods delivered by the
CLIENT’s.
1.19. When the FREIGHT FORWARDER acts directly before customs authorities, it shall
do so on behalf of the CLIENT; likewise, when the FREIGHT FORWARDER has the capacity of a customs agent duly authorized or hires an authorized customs agent,
the CLIENT shall be the one held accountable for any complaint lodged by a third
party due to the actions carried out during the completion of the service.
1.20. The FREIGHT FORWARDER’s accountability regarding the goods shall end upon
delivery of the same, or under any other regulation, in agreement with the orders
or recommendations it might receive.
1.21. The FREIGHT FORWARDER shall be able to require an inspection of the delivered
goods upon completion of each task, and request a document, from either the
CLIENT or other recipients of the goods, according to the stipulations of the
contract and the particular instructions of each case, in which their satisfactory
reception is stated, and any right to a complaint against the FREIGHT FORWARDER
is relinquished.
2.3.1. When it undertakes any transporting, handling or storing of goods, but only
when the act of transportation is done by the FREIGHT FORWARDER, with
self-owned, subcontracted or third party goods, and these goods are in
custody and control of the same.
2.3.2. When the Freight Forwarder is hired by the CLIENT under the legal figure of
a Multimodal Transport Operator;
2.3.3. When the FREIGHT FORWARDER expressly accepts this position in writing.
2.3.4. The Principal shall only be updated in relation to the part of the service
provided directly by the FREIGHT FORWARDER, by its own means or
employees, without taking into consideration the parts contracted by third
parties.
2.4. When the FREIGHT FORWARDER acts as an Agent, it has the authorization of the
CLIENT to propose and carry out contracting on its behalf, carrying out these acts
to the letter, despite any deviation from the CLIENT’s instructions.
2.5. The FREIGHT FORWARDER shall, upon CLIENT’s request, provide evidence of any
contract it may have signed as the CLIENT’s agent. In case it does not fulfill the
aforementioned requirement of providing evidence, it shall be understood that
the FREIGHT FORWARDER signed the contract with the CLIENT acting as a
Principal in order to complete the CLIENT’s instructions.
2.6. The FREIGHT FORWARDER that expressly accepts to act as a Principal in any of its
services shall have complete liberty to provide such services on its own, or to
subcontract under any terms all or part of said services.
2.7. If the FREIGHT FORWARDER acts as a Principal regarding the transportation of
goods or merchandise in any manner (by land, air or sea), the following
notification shall be issued: if the transportation involves a final destination or
stopover in a country that differs from the country of origin, the Hague (in the
case of a transport by sea) and Warsaw Conventions, respectively, might apply,
and in most cases, might limit the carrier’s accountability regarding loss and
damage to the cargo. Likewise, it is stipulated that all parties are subject to the
content of the terms of the transportation document (air way bill, waybill, bill of
lading, or other) that the FREIGHT FORWARDER might issue while acting as
Principal.
3. SPECIAL GOODS:
3.1. Unless specified in special previous written instructions, the FREIGHT FORWARDER
shall not accept or deal with merchandise rated as dangerous, nor with ingots,
precious metals, coins, precious stones, jewelry, valuables, antiques, paintings, plants, cattle, human remains, among others. If the CLIENT, however, in the
absence of prior agreement, remits such goods in any manner other than a written
agreement, the FREIGHT FORWARDER shall take no accountability for the same.
THE TRANSPORTATION OF MERCHANDISE CONSIDERED ILLEGAL IN EITHER THE
COUNTRY OF ORIGIN OR DESTINATION IS STRICT RESPONSABILITY OF THE CLIENT.
3.2. When dealing with merchandise classified as “perishable” the CLIENT shall take the
necessary precautions that the nature of the goods require for its safe delivery. The
FREIGHT FORWARDER shall not take any responsibility for the deterioration or loss
caused by delays due to government inspections, lack of capacity in carrier lines,
delays during connections and in general, any cause that cannot be attributed to
the will and conduct of the same.
3.3. Works of art and other high-value goods, assets whose proportion between weight
and volume is unbalanced, such as bicycles, strollers, pens, bamboo furniture or
hollow glass, will be accepted at rates made available upon request to the FREIGHT
FORWARDER. Customs duties, taxes and local charges, cargo handling and local
delivery expenses are charged in addition to the transportation rate, unless
otherwise specified.
CHAPTER VIII
PAYMENT RATES AND CONDITIONS.
1. Unless otherwise agreed, consideration for services rendered by the FREIGHT
FORWARDER will be covered in the manner and according to the following terms:
1.1. The CLIENT shall pay the FREIGHT FORWARDER, at the moment it requests for the
service, the full value of such and any other sum it may incur, according to the
accepted payment rate.
1.2. The CLIENT shall pay any expenses that the FREIGHT FORWARDER might incur during
the rendering of the service, either in the form of a down payment requested by the
FREIGHT FORWARDER, or upon presentation of the corresponding receipts.
1.3. Only if payment upon receipt was agreed upon previously will the CLIENT pay for the
service upon confirmation that the shipment was delivered to the accorded
destination.
1.4. When through mutual agreement both parties accept that it shall be the consignee
who pays for the service, the same will pay at the agreed upon time. However, if the
consignee does not pay, the CLIENT will continue to be held responsible for the
services.
1.5. In the eventuality that the CLIENT ends up owing some amount to the FREIGHT
FORWARDER, the same must pay it within the five days following the express or
unspoken endorsement of the owed accounts. If the total amount of said obligations
were in a foreign currency, the same will be paid in the legal tender (Mexican peso)
at the exchange rates published on the date of payment by the Bank of Mexico.
CHAPTER IX
WAREHOUSING CONDITIONS
1. The FREIGHT FORWARDER will advise the CLIENT in issues pertaining to the storage of the
goods before and/or after transportation or during the execution of the paperwork
procedures or compliance with the formalities needed for the issuing, reception and
import of these goods. During the development of this obligation the FREIGHT
FORWARDER must, as per the CLIENT’s instructions, select the warehouse in which the
goods are to be stored at embarking, destination or intermediary sites.
2. Whether the storage of the goods be entrusted to a third party or be carried out directly
by the FREIGHT FORWARDER, the CLIENT must, aside from the information indicated in
the service request form, include the following information
2.1. Full name of the recipient of the goods.
2.2. Name of the carrier, multimodal carrier operator or carrier commission agent, in
each case, whenever the transportation is not undertaken by the FREIGHT
FORWARDER.
2.3. A detailed and explicit description of the goods, including their type and nature,
number of packages, technical data, dimensions, weight, quality and, in general,
any information that may be regarded as necessary for suitable warehousing.
3. In case the case the warehousing takes place in a General Deposit Warehouse, the
FREIGHT FORWARDER may appear as owner of the goods for the sake of the issuing of the
respective Certificate of Deposit and security bond, when applicable. In these cases, the
FREIGHT FORWARDER may endorse such security in favor of the CLIENT, the recipient of
the goods, their legitimate owners or any of their representatives, in which case the order
will be understood as completed and the obligations terminated.
4. Special Cases:
4.1. In case the goods being transported require warehousing due to unforeseeable
circumstances and unrelated to the FREIGHT FORWARDER (for example: the nonsubmission, loss or substitution of documents, embargoes by competent
authorities, etc.), the warehousing costs generated with respect to timing, volume,
weight and value agreed upon the site shall be covered by the CLIENT, with the
knowledge that the CLIENT has previously been informed of which goods need to
be stored.
3.3.The FREIGHT FORWARDER will be exempt of all responsibility in case of:
3.3.1. Actions or omissions made by the CLIENT.
3.3.2. Lack of or defects in the condition of the packaging, marking or numbering.
3.3.3. If the cargo, loading or unloading has been manipulated by either the user or a
third party acting on its behalf.
3.3.4. Inherent defects in the nature of the merchandise.
3.3.5. Due to strikes, protests or any other obstruction to the job, whose
consequences may not be avoided by the agent.
3.3.6. Due to failure to comply with instruction received from the CLIENT after the
issuing of the service application document.
3.3.7. Embargo of the goods or any other action of an authority.
3.3.8. If for any reason, beyond the control of the FREIGHT FORWARDER, the
movement is not able to be completed, there will be no responsibility for the
latter.
3.3.9. Due to any cause that may be classified as force majeure, or fortuitous
circumstances.
3.3.10. Damages caused due to the delay of the delivery of the merchandise.
4. The CLIENT must notify the Freight Forwarder in writing of any complaint within a period
of, at the most, 30 natural days following the delivery of the goods. In case no notice is
given as per this clause, the complaint will be legally unacceptable, and no action may be
taken against the FREIGHT FORWARDER in order to validate the complaint.
5. If the goods reach the recipient and the consignee or a duly noted representative, and
they are not received before the expiry of the legal deadline after which they are
considered abandoned, the Freight Forwarder will not assume any responsibility for
delays, warehousing, fines or any other charge generated either from private individuals
or government authorities. Also, the FREIGHT FORWARDER will not be required to carry
out any legal and/or administrative transaction related to such abandonment.
4. These clauses shall be applied over any complaint or dispute that may result from or in
relation to the services rendered by the FREIGHT FORWARDER, and shall be applied to
all burdensome or free business carried out by the FREIGHT FORWARDER in benefit of
the CLIENT.
5. These conditions, their clauses and any act or agreement they applied to shall remain
under the jurisdiction and the application of Mexican laws and the Federal Court of
Mexico, relinquishing the parts of any present or future residence that resides beyond
said jurisdiction.
CHAPTER XII
FINAL ARRANGEMENTS
1. Both parties may end the contractual relationship they share by means of a written
document sent to their counterpart, a written notice at least 30 (thirty) days in
advance.
2. With respect to the previous clause, the CLIENT must entrust its procedures to
another person. Likewise, it must settle any debts owed to the FREIGHT FORWARDER.
3. The services that are being provided, unless stated otherwise, must be concluded by
the FREIGHT FORWARDER, on the terms described in this document. Otherwise, the
CLIENT will be required to cover all expenses generated through the cancelation and
exchange of the requested services.
4. The contractual relationship may also be regarded as terminated when either party
becomes unable to carry out its established objectives, either on one side, or on both.
THESE CONDITIONS ARE ISSUED IN MEXICO CITY, D.F., ON THE TWENTIETH OF DECEMBER
OF THE YEAR TWO THOUSAND AND TEN.
THE CLAUSES AND CONTENTS OF THIS DOCUMENT ARE PROPERTY OF THE MEXICAN
FREIGHT FORWARDERS ASSOCIATION, A.C. (AMACARGA)
ALL RIGHTS RESERVED, 2010
CONDITIONS FOR INTERPRETING AND ANALYSIS.
A schematic chart was drawn up in Microsoft Office Excel with the information of each of the proposed chapters, comparing it with that of other countries.
The numbering of the Chapters is an initial proposal, awaiting a more complete and thorough revision and the addition or restructuring of this first version we hereby present.CHAPTER I.
STATEMENTS.
1. This document exclusively regulates each and every connection between the CLIENT and the FREIGHT FORWARDER, and such connections are regarded as understood and
accepted from the moment in which the CLIENT requests a service from the FREIGHT FORWARDER, through any means agreed by both parties.
2. It is understood that the CLIENT is a natural person, legal person or entity, with legal capacity to hire the FREIGHT FORWARDER services.
3. It is understood that the FREIGHT FORWARDER is a natural person, legal person or entity, with legal capacity to hire and provide the herein described services whether as
an agent or principal, case sensitive.
4. The legal responsibility that is generated within this document is assumed by the CLIENT and the FREIGHT FORWARDER, and in the case of irregular societies, by the
natural persons who represent or constitute them.
5. All parties involved agree that when electronic communication is used to negotiate a matter in whole or in part, such communications have full legal validity.CHAPTER II.
DEFINITIONS.
1. The definitions mentioned herein are described in an including but not limiting way.
2. For the purposes of this document, key concepts shall be understood as follows:
2.1. CLIENT. Any person, natural or legal, or entity, that requires the provision of services by the FREIGHT FORWARDER. Whether in the subject of consultancy,
advisory, transportation logistics, transport, warehousing, distribution, and the handling and management of merchandises and cargo, and national and
international goods or assets.
2.2. FREIGHT FORWARDER. Any person, natural or legal that provides consulting services, advisory, transportation logistics, transport, warehousing, distribution,
and the handling and management of merchandise and cargo, and national and international goods or assets, acting as an AGENT or PRINCIPAL.
2.3. CONSIGNEE. The recipient and/or owner of the aforementioned goods in the Bill of Lading and/or any person that owns or has rights to the possession of the
merchandise, who may have a present or future interest.
2.4. GOODS or MERCHANDISE. Objects or things capable of being transported.
CHAPTER III.
SERVICE REQUESTS.
1. The parties expressly agree that the services herein described refer to the
merchandises established by the CLIENT on the service request forms sent to the
FREIGHT FORWARDER.
2. In order for a service request form to be regarded as included within the stipulations
of this document it must be sent to the FREIGHT FORWARDER by any of the means
mentioned within this clause and it must be either expressly or implicitly approved by
the FREIGHT FORWARDER as well.
3. The service request forms may be issued in writing, by telephone, fax, modem, letter,
email, or by any other electronic or printed means that enables a clear understanding
between both partiesCHAPTER IV.
THE CLIENT.
1. The CLIENT confers in a general manner on the FREIGHT FORWARDER, unless otherwise
agreed:
1.1. An unrepresented mandate to hire the transportation of the goods established in
each service request form, on behalf of the FREIGHT FORWARDER, but on account
of the CLIENT.
1.2. A represented mandate to hire the insurance that covers the risk of the
transported goods entrusted, in accordance to the stipulations in this contract, and
as long as the CLIENT has provided what is needed for such hiring, under the terms
and conditions to his knowledge and acceptance.
1.3. A represented mandate to deliver the goods on behalf of the CLIENT under the
terms and conditions stated in the instructions issued by the CLIENT.
2. The CLIENT shall have the following powers and obligations:
2.1. The CLIENT shall request the FREIGHT FORWARDER the services required through
the service request form, entrusting their planning, control, coordination and
management to their counterpart, through pertinent and feasible instructions.
2.2. The CLIENT guarantees that he is either the owner or the agent authorized by the
legitimate owner and also accepts these clauses not solely on his part, but also as
an agent from or on behalf of the owner.
2.3. The CLIENT must truthfully provide the FREIGHT FORWARDER with all the
information related to the description, value, quantity, volume, weight and other
pertaining characteristics of the goods and assets the service relates to in
accordance to this document and must guarantee that full information related to
the general nature and the danger of the goods or assets, its description, bar code,
brands, numbering, weight, volume and quantity, as supplied by the CLIENT or
person on his behalf, is correct and complete at moment the FREIGHT
FORWARDER, or the third parties hired take the goods in their custody. The CLIENT
commits himself to supply a confirmation irrespective of such details as required by
the FREIGHT FORWARDER.
2.11. Any additional cost generated as a result of the change issued by the CLIENT will be
assumed by the latter.
2.12. The CLIENT expressly authorizes the FREIGHT FORWARDER to delegate the
provision of the services requested in whole or in part. In case the commission of
transportation is delegated, the intermediary party will assume the obligations
contracted by the FREIGHT FORWARDER with respect to the hiring of the
transportation.
2.13. The CLIENT shall have the right to inspect, directly or through a third party, the
goods while in custody of the FREIGHT FORWARDER in working hours, complying
with the instructions provided by the FREIGHT FORWARDER while in its custody, for
which the latter could appoint an agent.
2.14. The CLIENT particularly commits itself to:
2.14.1. Report the value of the goods whose transportation will be entrusted to The
FREIGHT FORWARDER. Such value shall specify the unitary F.O.B price of
each kind to be transported, its quantity and quality, taxation values,
packaging, freight, insurance and any other applicable expenses.
2.14.2. Receive or have the goods received at the place indicated in the service
request form to the FREIGHT FORWARDER.
2.14.3. Prove to the FREIGHT FORWARDER, the carrier, customs authorities or of
any other nature, as required, the ownership of the goods or the right of
handling possessed on them.
2.14.4. Pay, upon service request, the value of the services to be provided and all
other amounts owed to the FREIGHT FORWARDER, in accordance with the
rates established by the aforementioned according to the corresponding
chapter.
3. Packaging and handling of goods by the CLIENT.
3.1. If the FREIGHT FORWARDER receives from the CLIENT, the goods or assets already
loaded in a transport unit, the CLIENT shall be responsible for the transport unit to
be in good condition and suitable for the transportation of goods to the destination
planned.
3.2. If any transportation unit, whatever its nature, had not been packed, loaded or
arranged by the FREIGHT FORWARDER, they shall not be made accountable for any
loss or damage to the contents if caused by: (i) the way in which the transportation
unit was packed or loaded; (ii) the poor suitability of the content for its
transportation in such unit; (iii) the poor suitability or defective conditions of the
transportation unit, considering that, if the transportation unit was provided by or
on behalf of the FREIGHT FORWARDER, this paragraph shall only apply if the poor
suitability or defective condition (a) arose without negligence by the FREIGHT
FORWARDER or (b) if it had been evident on reasonable inspection by the CLIENT,
owner or representative of either or (c) if it arose as a result of the particularities of the goods, and these particularities had not been notified to the FREIGHT
FORWARDER; or (iv) the transportation unit was not properly sealed at the start of
any transportation.
1.7. If the delivered goods or their packaging appear to be defective or mistreated, the
FREIGHT FORWARDER shall inform the CLIENT of these circumstances in a timely
manner, in order for appropriate action to be taken. If unable to inform the
CLIENT at an appropriate time, the FREIGHT FORWARDER shall take note of these
circumstances in the appropriate transport document, file the document, and
make a written statement which states the aforementioned circumstance, thus
releasing itself from responsibility.
1.8. The FREIGHT FORWARDER commits itself to provide the services for planning,
designing, coordinating, monitoring, controlling and directing all operations
necessary for the moving of the goods or the merchandise described in this
document, the different means of transportation, as well as the handling and
delivery of the goods to their destination as requested by the CLIENT, as
established in the annexes of the present document.
1.9. The FREIGHT FORWARDER shall take reasonable care during the fulfillment of its
responsibilities, including the selection and instruction of third parties that
provide their hired services on the CLIENT’s behalf, being required to carry out its
duties with a reasonable level of attention, diligence, skill and common sense.
1.10. The FREIGHT FORWARDER may reject the service request form, in whole or in
part, within the 3 (three) days following its reception. In case of no reply, it should
be regarded as a rejected. If a service request form is rejected by the FREIGHT
FORWARDER, the CLIENT may hire the same services outlined in this contract
from any other party.1.11. Likewise, If the FREIGHT FORWARDER has not received the CLIENT’s request and is
notified by a third party about the shipping of goods or assets as a consignee for
its handing, it may reject the merchandise by notifying the relevant authorities of
the aforementioned rejection, in order to prevent the shipping of forbidden
goods.
1.12. In case the FREIGHT FORWARDER shall take action to preserve shipped goods, the
CLIENT shall be held accountable and will cover any expenses incurred,
understanding that by acting on these premises, it is not accepting the service
request form.
1.13. THE FREIGHT FORWARDER shall supervise the movement of merchandise through
any method it deems fit, it is required to notify the CLIENT of any anomaly that
may arise during the process, and to be able to modify the transportation
conditions, even if turns more burdensome, the purpose being to safeguard the
condition of the merchandise. If the FREIGHT FORWARDER is required to incur
extra expenses, these shall be covered by the CLIENT as established in this
contract. When the FREIGHT FORWARDER deems it necessary to modify the
transportation conditions, it shall notify the CLIENT, explaining the reasoning its
suggestions are based on. If unable to locate the CLIENT, or if the circumstances
do not make previous consulting possible, the FREIGHT FORWARDER will take the
measures it deems necessary in order to protect the CLIENT’s interests.
1.22. The FREIGHT FORWARDER is not obliged to verify the authenticity or authority of
the signatories of any communication, instruction or document that might affect
the availability of the merchandise. It is the sole accountability of the CLIENT to
provide information on who the signatories are and with which document they
will be identified.
1.23. In case no person appears to receive the goods and the FREIGHT FORWARDER is
compelled to do so, the CLIENT shall assume full accountability for the expiration
of the legal terms or contractual complaints to the carrier due to loss or damage
done to the goods or due to late delivery.
1.24. If for any reason the delivery can not be completed or if there is a discrepancy
over the conditions under which the delivery should be done or who the
legitimate recipient of the merchandise is, the FREIGHT FORWARDER shall be
allowed to receive it or return it, store it or take any other preventative measure
at expense of the CLIENT, recipient or legitimate owner of the merchandise, in a
solidary manner. Likewise, the FREIGHT FORWARDER will be allowed to dispose of
perishables or goods that are easily damaged by their nature or state.
1.25. The FREIGHT FORWARDER shall not be held accountable for any delay in the
delivery of the goods. Any complaint of this nature must be lodged in the
presence of the carrier, except those services provided as primary functions.
1.26. The CLIENT shall be the only one accountable for expenses incurred due to fines,
delays, warehousing, damage, detriment and any other expense generated.
2. The forms of services:
2.1. The FREIGHT FORWARDER shall provide its services either as a Principal or as an
agent.
2.2. It is understood that in a general manner the FREIGHT FORWARDER acts as an
Agent.
2.3. It is understood that the FREIGHT FORWARDER provides its services as a Principal:
CHAPTER VI
HANDLING OF DANGEROUS AND SPECIAL GOODS
1. The CLIENT shall comply with the local and international rules that regulate the
transportation of dangerous merchandise and shall, without fail, inform the FREIGHT
FORWARDER in writing about the exact nature of the potential danger.
2. DANGEOROUS GOODS:
2.1. In the absence of the aforementioned notification, if the FREIGHT FORWARDER, the
carrier, an authority and/or a duly entitled third party believes that the
merchandise might constitute a potential threat to either health or property, the
merchandise may be unloaded, destroyed or transformed, depending on the
circumstances and without any risk of indemnity. All expenses and damages
incurred shall be covered by the CLIENT.
2.2. If any non-dangerous merchandise loaded with the FREIGHT FORWARDER’S
knowledge about its nature becomes dangerous while under its responsibility, it
may likewise be unloaded, destroyed or disposed of, without any accountability for
the FREIGHT FORWARDER.
2.3. The CLIENT commits to avoid handing over for transportation any goods that are
dangerous, flammable, radioactive, risk-inducing or harmful in nature without
properly explaining the characteristics of the goods to the FREIGHT FORWARDER.
The CLIENT commits to mark the goods and the exterior of the packaging or the
containers as per required by any laws or regulations applicable during
transportation, or request the FREIGHT FORWARDER for it through written
instructions.
2.4. The CLIENT shall indemnify the FREIGHT FORWARDER for any loss, deterioration,
cost or expense incurred as a consequence of an omission of this obligation, failure
in compliance or late execution.
2.5. Without prior written agreement from a representative authorized by the FREIGHT
FORWARDER, the same shall not accept nor negotiate with goods or merchandise
that require a special handling regarding its transport, care or security, either
because of its natural attraction of thieves or for any other reason, including, but
not limited to, silver or gold bars, coins, precious stones, jewelry, valuable objects,
antiques, paintings, human remains, cattle, pets and plants. If, notwithstanding, the
CLIENT hands over such goods to the FREIGHT FORWARDER or causes the FREIGHT
FORWARDER to handle or care for such goods, unless a previous agreement exists,
the FREIGHT FORWARDER is not held accountable for the goods or anything related
to them, or caused by them.
CHAPTER VII
INSURANCE CONDITIONS.
1. The insurance of the goods shall solely be hired by the FREIGHT FORWARDER upon
request from the CLIENT and if established so by the latter in the service request form,
being the FREIGHT FORWARDER permitted to provide the insurance on its own, or
through the hiring of a third party (insurance company).
1.1. All hired goods insurance is subject to the usual exceptions and conditions
established by the insurance companies or other stakeholders involved.
2. When the goods insurance is neither contracted nor provided by the FREIGHT
FORWARDER, the latter may recommend to the CLIENT an insurance agent capable of
suitably processing an insurance policy according to the CLIENT’s needs. After making this
recommendation, the FREIGHT FORWARDER has no further obligation regarding the
insurance, and will not be held responsible for any loss or damage to the goods during
their transportation or storage that might have been covered by an appropriate insurance.
3. In the event that no goods insurance is to be hired, the CLIENT shall be aware that the
FREIGHT FORWARDER’s responsibility through its acting as Principal shall not exceed the
maximum established: 1. Aerial, in the Warsaw Convention; 2. Maritime and multimodal
In the UN Convention, article 18; 3. Terrestrial, in the Federal Roads, Bridges and Auto
transport Law, article 66, section 5, and in rule 6 of the International Chamber of
Commerce (ICC) and of the UNCTAD.
4. The CLIENT shall be held responsible at all times for expenses that may be generated due
to civil responsibility relevant to damages of any nature, in general breakdown in maritime
transport, etc.
2. THE FREIGHT FORWARDER:
2.1. Is required to report to the CLIENT its activities, expenses, charter fees, taxes and
other proven expenditures, as well as amounts received, within the 15 natural days
following the termination of the rendering of a service, in order to determine the
total amount and obligations each party is responsible for.
2.2. Has the choice to charge in relation to value, weight or dimensions.
2.3. Additional expenses that may be generated through events or circumstances
subsequent to the contracting date shall be charged to the CLIENT, so long as they
are properly justified.
2.4. Unless otherwise agreed upon, when dealing with a service paid upon reaching its
destination, neither will merchandise nor documents be turned over until the
payment for such has been verified. If the consignee of the merchandise rejects,
abandons, or for any other reason fails to complete the payment, the CLIENT shall be
liable for the payment of the services and expenditures that might originate because
of this, the FREIGHT FORWARDER will not assume any responsibility for the
reshipping of the merchandise to the point origin or any other destination.
2.5. A credit grant in the CLIENT’s favor is not presumable; therefore it must be stated in
writing, together with the stipulated terms of payment and interest note must also
be made as to what security might also be required.
2.6. The CLIENT shall reimburse the FREIGHT FORWARDER for any expenses derived from
deviation, delay and any other increase in expenditure, caused by strikes, acts of war,
government measures or circumstances beyond human reach.
3. It shall be considered that the rate is compensation for the services rendered by the
FREIGHT FORWARDER, and accepted by the CLIENT. It will be understood that a tariff is
accepted when:
3.1. If declared as such expressly by the CLIENT, either via email, fax, or signed document
of the same.
3.2. Upon execution of a service application by the CLIENT.
3.3. The validity of the rate is subject to change without prior notice – either due to
variations in the exchange rate, cargo taxes, a surcharge made by the carrier or any
other unconsidered charge – The CLIENT shall be responsible to cover any increase in
rate, charter, premiums or other expenses that might be generated once the
movement is initiated.
4. Payments made by the CLIENT to the FREIGHT FORWARDER must be:
4.1. In cash, electronic fund transfer, or in any manner accepted by the FREIGHT
FORWARDER. The sum must be delivered in full and before the due date, no
discounts or postponements will be given due to complaints, counterclaims or
compensations.
4.2. The CLIENT relinquishes the right to compensation, if applicable, against what is
owed to the FREIGHT FORWARDER.
4.3. An untimely payment will generate interest on all sums owed, calculated from the
moment the due date expired till the completion of the payment, at a current legal
interest rate.
4.2. If the CLIENT, consignee or legitimate owner of the goods fails to pick up the
shipment at the time and place previously established, when and where the FREIGHT FORWARDER is authorized to deliver them, the FREIGHT FORWARDER may
store the goods, at the risk of the CLIENT, consignee or legitimate owner, situation
in which the FREIGHT FORWARDER’s responsibility with respect to the goods, or
part of them, would end completely. All the expenses generated by such
warehousing shall be covered by the CLIENT, as a result of its failure to receive the
shipment in a timely manner. The CLIENT grants the FREIGHT FORWARDER the
authority to, at its expense, dispose of, or sell off (through the sale of or through
any other reasonable method under any circumstances), those goods that have
been stored for more than 60 days and have not been delivered as established,
after having warned the CLIENT in writing at least 5 days in advance, or without
prior notice if unable to locate the CLIENT and a reasonable effort has been made
to contact them.
CHAPTER X
RESPONSIBILITIES, FINES AND COMPENSATIONS
1. The Freight Forwarder and the CLIENT each assume their respective responsibility in the
eventuality of a failure to fulfill any stipulation agreed upon in the present contract.
2. Regarding the CLIENT:
2.1. The CLIENT must compensate the FREIGHT FORWARDER for any loss, damage,
deterioration, and/or extra expense, as well as for any responsibilities the latter
may have assumed before third parties, derived from following the CLIENT’s
instructions, or that may come up due to negligence or failure to comply by the
CLIENT.
3. Regarding the FREIGHT FORWARDER:
3.1. Will be held accountable for losses or damage caused to the goods, from the
moment it becomes entrusted with them until their delivery. Such responsibility
includes acts or omissions, both serious and intentional, that the CLIENT can prove
to be attributed to the FREIGHT FORWARDER, so long as the user will not obtain,
nor is able to obtain compensation from an insurance company or another third
party.
3.2. The amount requested in any complaint lodged to the FREIGHT FORWARDER may
not exceed in any case an amount of $_____. Only if the CLIENT requests it writing
may the Freight Forwarder accept a financial responsibility that exceeds these
limits, so long as the CLIENT pays the FREIGHT FORWARDER the additional cost for
the increase in responsibility.
6. The FREIGHT FORWARDER reserves the right of detaining all goods and documents related
to the merchandise within its power, custody or control while waiting for the adequate
sum to be paid by the CLIENT. Expenses generated due to storage of the withheld goods
will continue to be accumulated as per the said right of detaining.
7. The FREIGHT FORWARDER reserves the right to the preventative embargo of the goods
and documents regarding present and future debts by part of the CLIENT, including
storage costs and the recovering of the same. In the same way, it may execute the
embargo in a manner it deems fit.
CHAPTER XI
COMPETENCE.
1. Any service or activity provided by the FREIGHT FORWARDER, be it free of charge or
not, is subject to these clauses, which are considered part of any agreement between
the FREIGHT FORWARDER and the CLIENT, and as such must prevail over any contract
condition signed by the CLIENT.
2. If any legislation, including rules and directives, applies in a compulsory way to any
business embarked on, it will be assumed that these clauses are subject to said
legislation in relation to aforementioned business, and nothing in these clauses should
be interpreted as a relinquishment by part of the FREIGHT FORWARDER of any of its
rights or prerogatives, or as an increase of any of its obligations and responsibilities in
accordance to said legislation, and, if any part of these clauses is in opposition to said
legislation in any way, that part must, in reference to said business, be invalidated up
to that point, and no further.
3. If on issuing a “bill of lading” or a “waybill” to or in name of the FREIGHT FORWARDER
that specifies that it enters into the contract as a transporter, the regulations
established in said document will have prevalence in the measure that said regulations
do not conflict with these clauses.
