CLAUSE OF GENERAL CONDITIONS OF SERVICE XGL / MEXICO
AGENCY CONTRACT IN THE FORWARDING MODALITY.
Cargo or Forwarding Agent: It is the natural or legal person who, on behalf of third parties and on a regular basis, plans, controls, coordinates and directs the operations necessary to carry out the international transport of merchandise by any means and provides the complementary services necessary to finalize and carry out the operations entrusted to it.
Evidence: It is the characteristic that this agency contract has to demonstrate that the client requested the logistics coordination service from the cargo agent in the terms that this same contract establishes, limiting its responsibility in these terms, being only a coordinator of the various means of transport. Effective to transport a load from one place to another.
Client: It is the physical or moral person that for any circumstance requests the service and hires the freight forwarder to coordinate its transportation operations; may be the shipper, the consignee or some other agency in coloader or correspondent services.
Shipper: It is the physical or legal person who by himself as the owner of the goods or as commission agent of the owner of these performs the action of entering into the transport and/or agency contract with the obligations that derive from the shipper.
Consignee: It is the physical or legal person that by itself or by order of another; is empowered by virtue of the master (master) or domestic (house) bill of lading to receive and release the cargo that is addressed to him.
Effective Carrier: It is the natural or legal person that has the characteristic of being a single-modal or multimodal carrier having the corresponding legal authorizations and directly exploiting means of transport owned by him or chartered by him, whether by sea, air, land or rail.
Coloader: It is the service that, by virtue of the agency contract, the agent subcontracts on behalf of the client a service to another equal agent in order to be able to carry out the logistics and transportation operations entrusted to the cargo agent by the client.
Master Bill of Lading: It is the document issued by the physical or moral person that is constituted in accordance with the law as effective carrier, exploiting one or several means of transport directly. It constitutes the contract of maritime transport of goods.
Domestic Bill of Lading: It is the document issued by the Freight Agent at origin regarding the merchandise and is issued in correlation with the Master Bill of Lading.
Air Waybill: Constitutes the air transport contract for merchandise.
Delays: The economic charge generated on a daily basis and for each container charged by the carrier line that owns the containers for the non-return of empty containers in free time due to delays.
Storages or Stays: The economic charge generated on a daily basis and for each container charged by the warehouse, yard or customs area for the stay of the containers.
This is an adhesion contract for all legal effects that may apply, so that its mere issuance or continuation of the other stages with the formalities of the specific operation, whether by writing, verbal or through electronic way, will have the effect and As a legal consequence, as the acceptance of each and every one of the obligations derived from this document for all natural and legal persons involved in said operation under the terms of this document, for which reason this act is manifested and accepted by the parts.
1. DEFINITION OF THE CONTRACT.
1.1. Concept. By virtue of this contract, the purpose is to provide the cargo transportation agency service in the forwarding modality and in which the cargo agent is solely and strictly obliged to carry out all the necessary activities to project, control, coordinate, direct and contract on behalf of the client who will be the shipper or consignee and that are necessary to carry out the international transport of merchandise by one or more means of transport, providing the complementary services necessary to achieve compliance with the purpose of concluding the transport operations that be entrusted.
1.2. The acceptance of this agency contract will imply that the requested service is being fulfilled in the terms that have been requested from the agency, said terms are the responsibility of the client, shipper or consignee and as a consequence there will be an obligation of one or both of them. as the case may be, the payment of the agency service that is generated by the execution and attention of the operation carried out. Leaving the cargo agent with the right to demand through legal action the corresponding payment, in accordance with the provisions of the Commercial law of Mexico.
1.3. The acceptance of this contract does not imply that the cargo agent holds and therefore accepts the obligations that correspond to an effective carrier in accordance with the Maritime Navigation and Commerce Law, Civil Aviation Law, General Communications Law, Commercial Law, or any order of Mexican law regulations, that refers to the obligations of effective carrier whatever the means.
2. APPLICABLE LAW AND JURISDICTION.
2.1. Applicable legislation. It is only enough that this freight forwarding agency contract be accepted for the application of the legislation of Mexico to be accepted and agreed upon by express agreement of the contracting parties, since upon being agreed and accepted within the national territory the parties expressly waive and decline any diverse competition that may compete.
2.1. The parties accept the application of Mexican legislation and for jurisdiction in case of controversy they agree to submit to the Courts based in Mexico City, the parties clearly and categorically waiving the jurisdiction that the law grants them and any other that by reason of their present or future addresses may correspond to them. This express submission constitutes a notorious fact as the document is public knowledge because it is located at an email address. The foregoing is without prejudice to the right of the freight forwarder to retain and file legal actions in any other jurisdiction, for the collection of amounts owed under this Contract.
2.2. In operations contracted abroad and breached abroad by contracting persons residing abroad, jurisdiction by international law is that which derives from the documents that cover the shipments, be it the bill of lading, air waybill or consignment note for this For this reason, any agreement between individuals and in accordance with Mexican law in correlation to international regulations is null, since in international legal conflicts, regulation and competition are recognized in the rules established in the same shipping documents, being then that in the character of Freight Forwarding. Being cargo agents, this regulation applies to them in the same terms as to the carrier and, consequently, the court of the country that corresponds to the domicile of the defendant will have jurisdiction.
3. DEFINITION AND NATURE OF THE CARGO TRANSPORTATION AGENCY SERVICE.
3.1. It is understood and it is agreed and accepted that the object of the cargo agency contract in the re-shipper modality will be strictly to plan, coordinate, control, direct and subcontract, always on behalf, on account and responsibility of the client, all the operations necessary to carry out international freight transport.
3.2. For the purposes of accepting this cargo agency contract, it is duly expressed and accepted for all commercial and legal purposes that may arise that the cargo agent in no case, or under any circumstances, is declared in possession or in Exploitation of one or more individual or collective means of transport, being strictly subcontracted by the cargo agent, be it the shipper, the carrier or some other agent.
This contract is regulated and agreed upon in accordance with the legal principle of the autonomy of the will of the parties in contractual matters, stipulated in articles 1832, 1839, 1858, 1859 of the Civil Mexican Law.
4. LIABILITY OF THE CARGO AGENT.
4.1. The cargo agent will have in all cases only the relative responsibility and that corresponds to the object of the agency contract, as a consequence, his responsibility in all cases is limited and indirect and will be strictly and limited in terms of being a transportation services coordinator and consequently its responsibility will only be direct with respect to the acts consequent to the coordination of transport services or logistics services but never of the carrier itself.
4.2. The express responsibility of the agent will be to assist the client, be it a shipper, consignee or diverse agent; to carry out and comply with its logistics and international cargo transportation operations through unimodal or multimodal transport individually or jointly, controlling, coordinating, directing and subcontracting on behalf of the client the operations and activities necessary to carry out the commission entrusted by the client to the cargo agent, only being responsible for its service and never for the obligations and responsibilities of the carrier or effective carriers, whether individually, unimodal or jointly multimodal, isolated or jointly, whether maritime, air, land or railway.
4.3. In the cases of complementary or adjunct services to direct transport operations, it will also be the responsibility of each individual agent involved in the service provided, therefore, in terms of the agency contract, the freight forwarder will not be responsible for the mistakes, improper acts or culpable acts made by them, but there will be an obligation of the freight forwarder to assist the client or whoever he designates to solve the problem and bring the operation to a successful conclusion. Each assisting agent individually must respond in the terms of the applicable Mexican legislation in accordance with the nature of the activity that he performs.
4.4. In the cases in which the Agency service requested by the client is a shipper, consignee or diverse agent, involves customs clearance, the corresponding Customs Agent will be specifically responsible for the services provided in accordance with its nature and patent and in accordance with the Customs Law.
5.MODALITIES OF THE SERVICE AND RESPONSIBILITY RELATED.
5.1. In the service provided by the freight forwarder, in which the subcontracting of services of effective carriers is required, this contracting will be understood as carried out in the name of the client or shipper since the transport service will be granted directly to the client, therefore, the freight forwarder will only be responsible for the obligations derived from the coordination of logistics services and the coordination of the services provided by the actual carriers.
5.2. In the cases in which, in order to comply with the service requested by the client, be it a shipper, consignee or diverse agent, it is necessary to subcontract another cargo agency under the modality of the “coloader” service, this one, that is, , the subcontracted cargo agent will respond to this freight forwarder and its clients with the degree of obligation and responsibilities of an effective carrier.
5.3. In cases where there is the intervention of a cargo agent residing outside Mexico, hereinafter the Correspondent Agency, which by virtue of an import or export logistics operation in turn requests in collaboration or subcontracts the services of the freight forwarder, in order to intervene in the proper completion of said operation in any aspect and above all the release of the cargo, the Correspondent Agency will be responsible for responding to its clients, whether shipper, consignee or diverse agent, in the terms in which the former wanted to bind them, either through the figure of the cargo agency contract or in the terms of effective carrier, only the cargo agent being obliged to respond with respect to all specific acts that in turn have been entrusted to carry out in writing or by electronic means, specifically in the release of the cargo and not for the operation as a whole.
5.4. According to the freight forwarder contract where it is entrusted to hire the freight forwarder to coordinate the international transportation of cargo, it is declared and accepted that the contractor of the freight forwarder confers the absolute right to the freight forwarder in terms of this contract; so that it subcontracts the effective unimodal or multimodal transport service, either individually or coordinated, that it best considers will comply with the ultimate objective of the operation, which is logistics coordination for the transport of cargo from its origin to their destination or from the geographical point that is indicated to another that is referred to, the client understanding that this service that is subcontracted will always be of quality and with carriers of recognized effectiveness, but limiting their responsibility strictly to the object of the agency contract cargo and never absorbing or solidarity in responsibility with the actual carrier(s). Therefore, this is agreed in accordance with article 285 of the current Commercial Law of Mexico.
6. LIABILITY OF THE CARGO AGENT REGARDING THE CARGO AND INSURANCE.
6.1. It will be the responsibility of the shipper, consignee, or any agent that hires the services of the Agency of the cargo to be transported, as well as the data and characteristics of this that it provides for the carrying out of the transport operation, for which it will be understood in all the cases that the actual content of the load will be in all cases of the nature, volume and characteristics that the client says it is.
6.2. The effective carriers have the obligation of law to have insurance both for the means of transport and for the loads they handle, however there is a caveat and the obligation that the owner of the loads or shipper request the contracting of cargo insurance to be transported, so that at all times it will be the obligation of the shipper or client who owns the cargo or consignee to notify the agent if they have insurance or wish to contract it and it will at all times be the responsibility of whoever insures or not and never of the agent.
6.3. The client must request the Freight forwarder in advance and in writing to contract an insurance that covers the damage or loss of the cargo. The goods and the empty container must travel insured by the Client. The company is not responsible for any cargo damage charges or insurance deductibles.
In the event that insurance coverage has been taken, the General Conditions for transportation, as well as the related clauses in force in the local insurance market, will apply to the insurance that covers transportation.
6.4. For the effect of the responsibility of the Freight forwarder with respect to those operations in which the cargo object of the service is partially or totally damaged for the purposes of the return action that derives from the fact that the insured has paid the client to repair the damage or Indemnification for the loss in this way of return that the insurer tried, the Freight forwarder will not be responsible, since due to the nature of the activity of logistics coordination, the Freight forwarder is not the direct or indirect cause of the cause of the damage. , but it will be the effective carriers who have acted with negligence or responsibility or even the omissions that have been given in instructions by the interested parties themselves.
6.5. In the cases in which the interested party or client or final consignee of the cargo as a consequence of some damage or shortage in the cargo object of the service asks the Freight forwarder for a responsive letter or presents an administrative claim regarding the service, the Freight forwarder will not will be obliged to issue such a response or respond to any claim, since by the very nature and activity of the Freight forwarder it is not within the limit of its obligations to determine or define any conclusion regarding the claim, so its intervention will only assist in favor of the client with those responsible. Excepting from this moment any legal value of imputation of responsibility that these acts were intended to be given.
7.LIABILITY OF THE SHIPPING OWNER OR CARRIER.
7.1. The Shipowner or shipping company is the physical or legal person whose purpose is to operate and exploit one or more vessels owned or under his possession, even if it does not constitute his main activity, in accordance with the Maritime Navigation and Commerce Law.
7.2. Responsibility. The terms in which the Shipping company is obliged are those indicated on the front of the Master Bill of Lading of the transport line, in accordance with articles 98, 100 section X, 101, 102 of the Law of Maritime Navigation and Commerce of Mexico and current international treaties. Whenever, by virtue of a contract for the transport of merchandise by water, the shipping company is obliged to the shipper or loader to transfer the merchandise from one point to another and deliver it to its recipient or consignee by paying freight.
7.3. Extinction of the Obligation with the Shipping Company. The client, consignee or diverse agent will pay the shipping company the price of the freight contracted through the freight forwarder, including the payment for the provision of logistics coordination services and the amount covered by this document on its front or in that document Bill of Lading House or invoice issued.
7.4. In the case of delays in the shipping company’s service, the Freight forwarder´s responsibility is to assist the client, be it a shipper, consignee or diverse agent, in the successful completion of the operations and in the release of the cargo. Each coadjuvant agent individually must respond in the terms of the applicable Mexican legislation in accordance with the nature of the activity carried out and in the terms in which it was obliged.
7.5. It is agreed that in the cases of logistics operations where the client or consignee of the merchandise, once entered the different customs offices in question and for reasons of their absolute responsibility, determine the abandonment of said merchandise, this act will not will release the client, consignee or owner of the same to pay for the transportation coordination services, understanding by them the payment of the agency service and the transportation service granted by the effective carriers, as well as the accessory expenses derived from the operation such as Expenses for delays, storage or stays in the premises since, due to their legal nature, they will always be the obligation of the consignee or contracting client of the agency service. All expenses generated by delays or storage will be paid by the client to the Freight forwarder, whether or not the merchandise incurs in abandonment.
7.6. The Freight forwarder is exempt from paying these accessory expenses and will have legal action in conjunction with the actual carrier(s) against the one or those who have expressly or tacitly determined the abandonment of the goods that are the subject of this agency contract. In these cases, the provider will cooperate with the forwarder to recover these payments and both will have action against the one who has determined the abandonment.
It is also agreed that in similar cases where the freight forwarder is hired for the purpose of coordinating transport operations and where rail, air, land or multimodal means of transport are used, the carrier’s obligation will be in the same terms as establish the document that is issued and that in turn are the representative document of the merchandise, which individually or jointly will be called a master document; as well as in the terms established in the laws and/or specific international treaties and ratified by Mexico. Being the cargo agent only responsible for the service in the terms of this contract.
7.7. Regarding the previous clause, in cases where the IATA-certified charter agent performs a service, this must be requested and commissioned by the client under the terms of these clauses and in the case of problems regarding transportation, in particular the agency and The client recognizes the specific regulations of IATA as well as international agreements and that have been ratified by Mexico, in this understanding in case of conflict the parties will submit to the claim procedure before the corresponding airline and once this instance has been exhausted may resort to arbitration under the terms of the regulations (International Air Transport Association).
7.8. The client accepts that with respect to the claim or arbitration before the line or with the air transport line, the client must make it directly, being the case that in this case they must issue a letter of acknowledgment of debt in favor of the agent regarding the amount of the service, being the case that the freight in this case must be paid to the cargo agent to in turn make the payment to the line. If for convenience and decision of the freight forwarder it determines that the claim and/or the arbitration must be carried out by it, the client agrees to endorse in attorney the air waybill and issue a letter of transfer of management rights in favor of the client so that the latter can carry out the corresponding management.
7.9. The parties agree that what refers to the air service provided by the line, as well as any circumstance that implies arbitration or claim before the line, will be affected by the Regulations established in IATA, however, what refers to non-compliance by the client against the freight forwarder Regarding the service provided, its consideration and the omissions that the client has that result in the affectation of the freight forwarder will be regulated by this contract in the section related to competition.
7.10. It will be the responsibility of the effective carrier to determine the route that will be followed from the place where the positioning and collection of the cargo is requested, to the requested, agreed or necessary destination, to make the connections or logistical substitutions, and/or to the final destination. , which logistically must be the shortest and safest for the cargo to be transported, limiting the responsibility of the agent only to determine the time in which the transport and cargo must be present, to carry out the export or import procedures of the merchandise determined. The effective carrier undertakes to inform the agent of the route to be followed as far in advance as possible before the transportation is carried out, as well as the change of this when necessary.
7.11. In the cases of land services where the merchandise is shipped and delivered to the consignee by this means, it is provided that for export freight the agent limits its responsibility to the national section, so that in international sections until delivery, the The responsibility will be of the consignee agent at destination, so the client must contract the corresponding insurance directly or through the agent that covers any eventuality or accident that may affect the merchandise, so that in the event that there is an affectation to them in international sections, the freight forwarder will limit itself to informing the customer of the circumstance to assert the insurance, for which the customer or owner of the goods, if applicable, will be supported by the freight forwarder in the matter of management and Facilitation of documentation to carry out the corresponding procedure.
7.12. In case of non-compliance by the client regarding the payment of the service and the payment of the freight, he will be responsible to the freight forwarder, since through these conditions there is express acceptance of the conditions and characteristics of the service requested and contracted to the Freight Forwarding and the quote of rates, accepting from this moment that for the purpose of the execution of the logistics coordination service, they are informed and are aware of the required means of transport, maneuvers and other necessary elements for the fulfillment of the requested service, forcing themselves to not to object to the payment corresponding to the services and expenses that have been necessary for the purpose of its execution and which are notified to the service request.
7.13. In the case of the transportation service for a complete trip or to a specific port or terminal, in all cases, it will be understood that the moral or physical person that sells or offers the service to the agent in a fixed office or in the field, so that the latter may In turn, can complement the logistics coordination service, it will be understood that the person offering it is and will be responsible for all legal effects that may arise regarding civil, commercial and operational coordination obligations, with special emphasis on the subject of the insurance that by law must have and offer being obliged to specify what said insurance covers. having the obligation to respond in cases of criminal liability arising from the cargo object of the service.
7.14. In the case stipulated in the immediately preceding point, in cases where the full is made up of different suppliers or owners, the supplier(s) must appoint a common representative, with the legitimacy to enter into this type of agreement, who will have the obligation to issue original consignment letter with the legal requirements, established for commercial transport services of general cargo, or special, as the case may be, stipulated by the Ministry of Communications and Transportation for these means.
8.RESPONSIBILITIES AND OBLIGATIONS OF THE SHIPPER, CONSIGNEE, CUSTOMER ORMISCELLANEOUS AGENT HIRED BY THE FREIGHT FORWARDER.
8.1. It will be the responsibility of the shipper, consignee or any agent that contracts the services of the freight forwarder, about the cargo to be transported, as well as the data and characteristics of this that it provides for the carrying out of the transport operation, for which reason it will be understood in all cases that the actual content of the load will be in all cases what the client “claims to be”.
8.2. The direct and unconditional obligation is agreed upon and accepted, with an expiration date in sight, acknowledging “I owe and pay” in favor of the freight forwarder and as direct beneficiary, the amount covered by the invoices issued for the service, whose subscription date is also appears on its front as a debt to be paid by the debtors who appear as shipper and/or consignee jointly or separately as the case may be for the price of the operations carried out as well as the payment to the logistics coordination service that must be paid to the freight forwarder, which was previously accepted by the client.
8.3. The costs of contracting the insurance that covers the cargo will be borne by the client, who must request it in writing to the Freight forwarder.
8.4. The cargo to be transported must be properly packed and packaged in accordance with the merchandise in question, this being the sole responsibility of the client.
8.5. The client ratifies the responsibility before the Freight forwarder, guaranteeing the value, expenses, procedures, delays due to the non-return of the containers in time free of delays and damages to the container (s) in which the merchandise object of the service is transported, as well as the accessory expenses such as delays and storage that are generated by the concept of the execution of the transport service in the modality of logistics coordination and cargo forwarding; stating and assuming the character of final consignees and stating the unconditional obligation to pay any of the expenses generated other than the payment of the service and freight.
8.6. The client grants the broadest and most complete responsibility that corresponds by law in order to guarantee in favor of the freight forwarder cover each and every one of the obligations, both direct and accessory, that with respect to logistics coordination services are provided in favor of the moral or physical person they represent, as well as direct responsibility for the volume, nature and quantity of the cargo that is consigned to freight forwarder. Responsibility that is also assumed before suppliers and third parties that intervene in the service.
8.7. The client expressly accepts the conditions and characteristics of the service requested and contracted from the freight forwarder and the quote of rates, accepting that for the purpose of the execution of the logistics coordination service, you have been informed and are aware of the required means of transport, maneuvers and other elements necessary for the fulfillment of the requested service, forcing yourself not to object. the payment corresponding to the services and expenses that have been necessary for the purpose of its execution and which were notified to the service request.
8.8. The client accepts that the Freight Forwarder has notified him and is aware of having days free of delays according to the calendar sent; stating that from the day after the last day free of delays, accessory expenses for delays and storage will begin to be generated at the rate of the amounts established by the suppliers and the terminals and for this purpose the present agreement in turn makes the formal notification late payment in case of exceeding the referred number of days off; the delays will begin counting from the day immediately after the date of completion of unloading operations from the ship.
9.ACTIONS ARISING OUT OF THIS AGREEMENT.
9.1. The freight forwarder agent will have at all times in his favor the legal action of breach of contract and damages caused to the agent.
Due to the non-compliance of the client or shipper due to the non-payment of the services the Agency has provided.
Due to the error or fraud of the correspondent agent in the coloader services, where due to the agent at origin or the Agency Correspondent agency if the freight forwarder cannot carry out its coordination of logistics services or has to incur in improper payments or damage to business reputation.
For non-compliance by the client to pay the accessory expenses generated by the service provided. Including delays, storage, stays.
9.2. Because the transport company incurs in negligence or in actions without right or outside the law and the limits of its obligations and possibilities, and because of these the freight forwarder incurs extraordinary expenses, liability towards the client, agents, shippers or consignees or that their commercial reputation is affected for a direct reason.
Due to error, negligence and/or bad faith of the coloader agent, in any operation in which his service has been used; and that as a direct consequence of that error, negligence and/or bad faith, the operation in question has not been able to arrive or conclude in good order, there will be direct and unconditional responsibility of the aforementioned agent in favor of this agency and the rights of. This may add and assist the rights of the carrier or shipping company, the shipper, and/or the consignee, and/or the owner of the loads through the figure of the contributing third party; but there will never be a right in these terms against the freight forwarder, so if any action is taken against him, this clause will operate as an exception in defense.
10.1. The service request instruction must be delivered to the Freight Forwarder in writing, containing at least the following information: Type of cargo specifying content, quantity, weight (gross/net) and dimensions of the packages; description and its classification; type of packaging; Place of reception and delivery; Instructions and conditions concerning shipment, means of transport (maritime / air / land); handling instructions, specific instructions regarding the mode of transportation (FCL/LCL/Consolidated) and the issuance of documents.
10.2. In the case of transport instructions are provided by the client by telephone, the client must confirm them to the freight forwarder in writing, within twenty-four (24) hours following the service request.
10.3. In the absence of precise instructions, the client will request the Freight Forwarder to coordinate transport and logistics, which includes the selection of the means and the most appropriate ways to subcontract the transport.
10.4. It is the client’s responsibility to transmit this information correctly and completely to the Cargo Agent. In case of discrepancy, the freight forwarder will inform the client, in order to clarify any discrepancies.
10.5. For all legal purposes, the client will be the physical or moral person who requests the logistics and transportation coordination services, either for import or export, the client being obliged to pay for the services. In the event that, in the course of the operation, there is a change of consignee mentioned or instructed by the client, this instruction of change of consignee does not exclude responsibility for compliance with the payment obligations of the service to said client, since the obligated to pay freight and accessory charges is the customer who requested the service. It is important to mention that if these instructions are given, the cargo agent’s operations staff must, before making any changes with suppliers, verify the authorization and if there is no legal or customs impediment that could fundamentally affect the operation.
10.6. Regarding the request for service or letter of instructions made by the interested party to the Freight Forwarder, it must be precise and consistent in all its elements, particularly in gender, species, quantity and nature of the cargo, so that in the event that in the execution The logistics coordination service results in any variation in any of these elements that a transport provider or customs inspector communicates to the Freight Forwarder, the Freight Forwarder will report it to the client, so if this variation between what was declared by the client and the verification of the load, extra charges or service delays (ETD or ETA) will be derived, these will at all times be the responsibility of the person who issued the letter of instructions or service request, being then that if this fortuitous, culpable or fraudulent discrepancy also resulted any affectation to the Freight Forwarder, generation of accessory expenses, or any civil, administrative or criminal sanction the client must pay these charges, assume the responsibility, pay damages and losses that are generated and intervene to exempt the Freight Forwarder from any legal, criminal or administrative consequence.
10.7. In the event that the Client or final consignee of the merchandise incurs in omissions of any nature, against the Agent, or related to the tax obligations, customs or sanity nature or of any nature that derives in the detention of the merchandise and the impossibility of terminating the operation and the service by the Freight Forwarder, the client will be responsible before the freight forwarder and the effective carrier or provider of the transport service, for the payment of the expenses that these omissions generate, excluding the agent of any obligations derived from these omissions against the shipping company or supplier or third parties, consequently, any damage or patrimonial impairment suffered by the agent with respect to these omissions or problems of the client, the agent will have the right to sue compensation and payment of damages.
10.8. Service quotes do not include maneuvers at the port of loading and port of discharge, delays, stays, or any clearly specified service. Expenses at destination are not contemplated, unless specified. Applies to general cargo, stowable cargo, non-dangerous cargo, and non-oversized cargo, unless otherwise specified.
10.9. In the positioning of containers, as well as in the collection of consolidated shipments, the costs of loading and unloading the merchandise are not included, unless specified.
10.10. For consolidated shipments, the exact measurements of the pieces to be loaded must be mentioned together with the collection request to determine the type of vehicle to be sent. If you do not have this information in advance, the freight forwarder will not be responsible for any additional costs such as false freight among others that result from the fact that the merchandise does not fit in the shipped vehicle.
10.11. Transit times to the place of loading and/or unloading are subject to change with or without prior notice due to various circumstances beyond our control, so we cannot be responsible for costs such as loading and/or unloading equipment rentals., company fees that have to check the merchandise, extra staff time, among others.
10.12. All merchandise collections and/or container positioning are carried out during open hours from 09:00 a.m. to 06:00 p.m. according to each service center.
10.13. The transit time in merchandise collections and container positioning is considered from the moment the merchandise leaves the route and is adjusted exclusively to business days.
10.14. In the event of generating false (Fail) movements in the collection of merchandise or positioning of containers due to cancellation or vehicle request with volume/weight limitations, the service will be charged at 100%.
10.15. Rates and their validity are subject to change with or without prior notice.
10.16. The itineraries, routes and estimated times of crossing, as well as cancellations of ports of call are subject to change with or without previous notice, and without responsibility for the company.
10.17. For DDP or DDU shipments, the Consignee of the merchandise must comply with all the customs regulations of the destination country and provide the required documents and information and certificates that apply. DDP or DDU shipments may be subject to inspections that delay customs processing and generate additional costs.
10.18. For LCL/FCL shipments, the filling and emptying of the container is the responsibility of the Shipper in the country of origin and the Consignee in the country of destination.
10.19. For LCL shipments, maritime, land and customs costs may vary, both at origin and destination if the weight and measurements are different from those originally provided, as well as for dangerous goods not declared as such.
10.20. For LCL shipments with routes with transshipment, a commercial invoice is required, which will be provided by the client.
10.21. From the moment of acceptance of the quote, your authorization as Consignee of the House Bill of Lading is understood so that, in FCL services in which the container is not removed from the port terminal within the days free of delays, the start of the process of deconsolidation of the container that covers the service and leave the goods in deposit in the port warehouse that is chosen at the discretion, in order to avoid charges from the Maritime Line for delays in the return of the container. All expenses generated by the container transfer and unloading maneuver, as well as storage and other necessary for the release of the cargo from said warehouse will be borne by the consignee, including without limitation, additional land freight costs. for All in services since, in this case, the rates offered for this type of service would be invalid. In the same way, we disclaim any shortage, loss or damage to the merchandise, due to, or as a consequence of said maneuver. The foregoing without prejudice to the deadlines and procedures set forth in Article 29 of the Customs Law and other related and applicable to abandoned cargoes in Mexico.
10.22. For containers that generate storage for any reason, the terminal will charge an additional administrative fee, which will have to be covered by the Exporter and/or Consignee in accordance with the agreed Incoterm.
10.23. Shipments with an invoice value greater than USD 50,000 (FIFTY THOUSAND AMERICAN DOLLARS) may be subject to additional surcharges on some specific routes. Please consult.
10.24. All shipments to/from the United States of America must comply with the regulations of US CUSTOMS AND BORDER PROTECTION (www.cbp.gov).
10.25. For shipments with EUR-1 or other certificates, the responsibility for their content lies with the interested parties, so our intervention is limited.
10.26. All shipments must comply with NOM-144-SEMARNAT-2012 on international phytosanitary measures for wood packaging.
10.27. All shipments must comply with NOM-012-SCT-2-2014 on the weight and maximum dimensions with which motor transport vehicles that travel on the general communication routes of federal jurisdiction can circulate.
11.LIABILITY FOR PAYMENT.
11.1. The client will pay the Freight Forwarder for the services provided against billing.
11.2. The Freight Forwarder will charge the client the concepts generated by freight, services and accessory expenses generated, if applicable, before the shipment is released to the client.
11.3. The client is responsible for paying taxes, customs duties and direct transport not contracted by the Freight Agency.
12.LIMITATION OF LIABILITY.
12.1. The Freight Forwarder in the exercise of its activity selects and hires carriers, customs agents and others, in accordance with the service requested by the client, these entities will be considered independent third parties to the Freight Forwarder, the cargo being in the possession of third parties that involved is subject to the responsibility of those who have it in their possession in terms of loss, damage, expenses or delay in delivery in accordance with the stipulations and conditions of the third party agents involved. Consequently, the Freight Forwarder will not be responsible for loss, damage, theft, expense or delay suffered in the cargo for any reason while it is in the custody, possession or control of third parties.
12.2. The responsibility of the Freight forwarder will be limited, being exclusively said responsibility with respect to the acts that correspond to it and are of the nature of the logistics coordination of transport.
12.3. The Freight Forwarder will not be responsible in relation to any loss, damage or expense that the client says he had, such as loss of profit, loss of profit, loss of market, loss of opportunity, loss of clients, fines, claims for losses due to depreciation or conventional fines, fluctuations in exchange rates, fees or taxes increased by the authorities whatever the cause.
12.4. Under no circumstances will the Freight Forwarder be responsible if one or more of the following circumstances occur:
a. To. Negligence of the client or its Authorized Representative.
b. Defective packaging, labeling and stowage or the absence of these, provided that the FreightForwarder was not in charge of executing the packaging, marking and stowage of the cargo.Likewise, the Freigt Forwarder will not be responsible for the cargo of which it cannot verify thecontent.
c. Terrorism, riot, war, rebellion, revolution, insurrection, usurpation of power, confiscation orseizure under the orders of a government or a public or local authority.
d. Damage caused by nuclear energy.
e. Natural disasters
f. Force majeure or unforeseeable circumstances.
h. Circumstances that the Freight forwarder has not been able to avoid, consequences that he hasnot been able to foresee.
i. Vices typical of the nature of the load.
j. The release of the cargo object of the shipment when there are pending payments by the clientfor any concept, freight, services, accessory expenses, delays or storage without it being consideredas illegal retention of merchandise or breach of trust by the Freight Forwarder being in any casematter of commercial or civil controversy but never criminal, the client must show before theauthority the respective payment receipts for the cargo.
12.5. Under no circumstances will the Freight Forwarder be responsible for damages attributed to delay in the delivery of the cargo.
12.6. The Freight Forwarder will not be responsible for the consequences derived from the loading/unloading operations that have not been carried out by him.
12.7. Under no circumstances will the Freight Forwarder be responsible if the cargo has been transported by the client or his representative directly.
12.8. The Freight Forwarder will not be responsible, under any circumstances, for loss, damage, expenses or fines that are derived in connection with the erroneous information provided by the client regarding the number of packages, content, weight, brands, dimensions or description of the burden.
13.PERIOD OF NOTIFICATION OR NOTICE OF VARIANTS IN THE LOAD OR SERVICE.
13.1. The final consignee of the goods will have the obligation to carry out the corresponding inspection of the aforementioned goods, which must coincide with what is stated and expressed in the corresponding operation documents, such as the bill of lading, waybill or air waybill. , which is issued, as well as what is dispatched by the customs agent, consequently, in the event that there is any variant, the consignee of the merchandise will have a period of 48 hours to make the corresponding notification to the freight forwarder, and must accompany, reliable proof of the opening of the containers or boxes in their facilities, and photographic material of the state in which said merchandise arrived, as well as all those elements that can serve as conviction, that the merchandise did not arrive according to those specified in transaction documents. Therefore, in case of not making said notice to the Freight forwarder, the right of the claim will preclude against the consignee or beneficiary of the transport documents.
13.2. The payments of the invoices of the Freight forwarder for the provision of its services under no circumstances can be conditioned to the attention of any claim and/or to any act or fact of the Freight forwarder and/or its employees, agents or subcontractors, therefore the effect that the claim and consequent acts of the cargo agent continue their course, the client or consignee, must pay the corresponding service, understanding this payment, as the total amount, which includes the services of the agent and the accessory services that have been used with suppliers, agents, etc. Therefore, if it is not done, the claim that is made in this case will be considered as not presented, and it will be considered that the client is in breach of the contract and of the obligations that derive from it.
14.LIABILITY OF THE FREIGHT FORWARDER.
14.1. The Freight Forwarder will timely report the status of the shipments and their transit, specifically in exports, the positioning, the physical and documentary closures, as well as the departure of the ship, the transit times, the approximate times of arrival at destination. , as well as the coordination at the destination of the arrival and dispatch of the corresponding load, therefore, in the case of multimodal services where a comprehensive door-to-door service is requested by the client, it will also notify the arrival of land transport to the positioning of the cargo, and its departure to the loading port for its departure to its final destination, either by sea or by air, in this case being the corresponding thing regarding the modalities and specific characteristics of air transport.
14.2. In import cases, the Agent will be obliged to inform the client through alerts of the arrival of the cargo, whether by maritime or air transport, or even by land, taking into account that this notification implies the corresponding actions of the client, to the effect of being able to dispatch the merchandise upon arrival in Mexico, without any problem and within the free times that may be granted by the shipping lines or by air or land carriers, if such facilities exist.
15.1. When the client fails to pay accessory expenses derived from the service provided, he will be credited with a penalty consisting of an additional 50% of the amount generated invoiced, an amount that must be paid to the Freight forwarder.
15.2. The Client will be responsible for damages caused to the Freight Forwarder when these are derived from non-payment of services, accessory expenses such as delays or storage.
This contract is made known to the client through the emails that were exchanged between the parties where the electronic link of the acceptance of said terms and conditions of service is referred
to. Electronic communication between the parties is one of the predominant means of information exchange in international trade operations.
This contract constitutes in accordance with the law a notorious fact as it is a document of public knowledge because it is found at the electronic address specified in the emails issued by the personnel of the Freight forwarder and is located on the electronic page: https://xgl-logistics.com/oficinas-mexico/”
All requests, offers, quotes and performance of agency services and coordination of transport services in the modality of freight forwarder, implies the acceptance of clients and suppliers of the general conditions of the company providing the service established in: https://xgl-logistics.com/oficinas-mexico/”
Regarding the exchange of common and habitual emails in the operations of the cargo agency with its clients and its suppliers, the following NOM is applicable.
OFFICIAL MEXICAN STANDARD NOM-151-SCFI-2016: REQUIREMENTS THAT MUST BE OBSERVED FOR THE PRESERVATION OF DATA MESSAGES AND DIGITALIZATION OF DOCUMENTS. POSTED ON MARCH 30, 2017.
Intellectual rights registration pending. Miguel Angel Trujillo Molina.