R.H. SHIPPING & CHARTERING, S. DE R.L. DE C.V. TERMS AND CONDITIONS OF SERVICE.
AGENCY CONTRACT IN THE FORWARDING MODALITY.
FREIGHT AGENT OR FORWARDING: It is the natural or legal person that on behalf of third parties and on a regular basis projects, controls, coordinates and directs the operations necessary to carry out the international transport of goods by any means and provides the complementary services necessary to finalize and carry out the operations entrusted to it.
EVIDENCE: It is the characteristic of this agency contract to demonstrate that the client requested the freight forwarder the logistics coordination service 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 natural or legal person that for any circumstance requests the service and hires the freight forwarder to coordinate his transportation operations; Being able to be the shipper, the consignee or some other agency in coloader or correspondent services.
SHIPPER: It is the natural or legal person who by himself as the owner of the merchandise or as a commission agent for the owner of the merchandise performs the action of entering into the transport and / or agency contract with the obligations derived from the shipper.
CONSIGNEE. It is the natural or legal person who by himself or by order of another; is empowered by virtue of the 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 who has the characteristic of being a unimodal or multimodal carrier, having the corresponding legal authorizations and directly exploiting means of transport owned by him or chartered by him, be it maritime, air, land or rail.
CO-LOADER. It is the service that under the agency contract, the agent subcontracts on behalf of the client a service to another equal agent in order to carry out the logistics and transportation operations entrusted to the freight agent by the client.
MASTER BILL OF LADING: It is the document issued by the physical or legal person that is constituted in accordance with the law as an effective carrier, exploiting one or more means of transport directly. It constitutes the contract for the maritime transport of goods.
DOMESTIC (HOUSE) BILL OF LADING: It is the document issued by the Freight Forwarder at origin regarding the merchandise and is issued in correlation with the Master Bill of Lading.
AIR WAYBILL: It constitutes the contract for the air transport of goods.
DEMURRAGE: The economic charge generated on a daily basis and for each container charged by the shipping line that owns the containers for the non-return in time free of delays of the empty containers.
STORAGE 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 purposes that may arise, so that its sole issuance or continuation of the other stages with the formalities of the specific operation be in writing, verbal or through electronic means will have the effect and legal consequence of the de facto acceptance of each and every one of the obligations derived from this document for all individuals and legal entities involved in said operation under the terms of this document, for which reason in this act it is stated and accepted by the parts.
1. DEFINITION OF THE CONTRACT.
1.1. Concept. By virtue of this contract, the purpose of this contract is to provide the cargo transport agency service in the forwarding mode and in which the cargo agent is solely and strictly obliged to carry out all the activities necessary to project, control, coordinate, direct and contract on behalf of the client who will be the shipper or consignee and that they are necessary to carry out the international transport of goods by one or more means of transport, providing the complementary services necessary to achieve the fulfillment of the purpose of completing the transport operations entrusted to it.
1.2. Acceptance of this agency contract will imply that the requested service is being fulfilled in the terms that the agency has been requested to do, these terms are the responsibility of the client, shipper or consignee and as a consequence there will be the obligation of either or both depending on the case of the payment of the agency service that is generated by the performance and attention of the operation carried out. The freight forwarder is left with the right to demand the corresponding payment through legal action, in accordance with the provisions of the Commercial Code of the United Mexican States.
1.3. The acceptance of this contract does not imply that the freight forwarder is held and therefore accepts the obligations that correspond to fulfill an effective carrier in accordance with the Law of Navigation and Maritime Commerce, Law of Civil Aviation, Law of General Ways of Communication , Commercial Code, or any ordinance of the United Mexican States that refers to the obligations of an effective carrier whatever the means.
2. APPLICABLE LEGISLATION AND COMPETITION.
2.1. Applicable legislation. It is only enough that this cargo transport agency contract is accepted for the application of the legislation of the United Mexican States 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 jurisdiction that may compete.
2.2. Competition. The parties accept the application of Mexican legislation and for the competition in case of controversy agree to submit to the Courts based in Mexico City, the parties clearly and strictly renouncing the jurisdiction that the law grants them and any other than 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 electronic address. The foregoing is without prejudice to the right of the freight forwarder to seize assets and file legal actions in any other jurisdiction, for the collection of sums owed under this Contract.
2.3. In operations contracted abroad and breached abroad by contracting persons residing abroad, the jurisdiction by international law is that derived from the documents that protect the shipments, be it the bill of lading, air waybill or bill of lading for this For this reason, any agreement that may exist between individuals and according to Mexican law in correlation to international regulations is void 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 R.H. SHIPPING & CHARTERING, S. DE R.L. DE C.V., being cargo agents, this regulation is applied in the same terms as the carrier and consequently the court of the country that corresponds to the defendant's domicile will be competent.
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 freight agency contract in the form of re-dispatcher will be strictly to project, coordinate, control, direct and always subcontract in the name, at the expense and responsibility of the client all the operations necessary to carry out international freight transport.
3.2. For the purposes of the acceptance of this freight agency contract, it is duly expressed and accepted for all commercial and legal purposes that the freight forwarder in no case, or under any circumstance, declares itself in possession or in exploitation of some or some individual or collective means of transport, being strictly subcontracted by the freight agent, be it the shipper, the carrier or some other agent.
3.3. This contract is regulated and agreed 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 Code.
4. RESPONSIBILITY OF THE FREIGHT FORWARDER..
4.1. The freight forwarder 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 remain strict and limited in the terms of being a coordinator of transportation services. and consequently their 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, whether he is a shipper, consignee or a different agent; to carry out and fulfill its logistics operations and international cargo transportation by means of single 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 freight forwarder, only being responsible for their service and never for the obligations and responsibilities of the actual carrier or carriers, whether individually, unimodal or in a multimodal group, isolated or jointly, whether maritime, air, land or railway.
4.3. In the cases of complementary or auxiliary services to direct transport operations, it will also be the responsibility of each individual agent involved in the service they provide, therefore, in terms of the agency contract, the freight agent will not be responsible for the errors, lack of probity or culpable acts carried out by those, but if there is an obligation of the freight forwarder to help the client or whoever he designates to solve the problem and carry out the operation. Each individual contributing agent must respond in the terms of the applicable Mexican legislation in accordance with the nature of the activity that he or she performs.
4.4. In the cases in which the Agency service requested by the client is a shipper, consignee or a different agent, involves customs clearance, the corresponding Customs Agent will be specifically responsible for the services it provides in accordance with its nature and patent and in accordance with the Customs Law.
4.5. MODALITIES OF THE SERVICE AND RESPONSIBILITY FOR THEM.
4.5.1. In the service provided by the freight agent, in which the subcontracting of services of effective porters is required, this contract will be understood to be carried out on behalf of the client or shipper since the transport service will be granted directly to the client, therefore the agent Cargo will only be responsible for the obligations arising from the coordination of logistics services and the coordination of services provided by effective carriers.
4.5.2. In cases in which, in order to comply with the service requested by the client, be it a shipper, consignee or a different agent, it is necessary to subcontract in turn to another freight agency under the modality of the "coloader" service, that is, the subcontracted freight forwarder will respond to this freight forwarder and its clients with the degree of obligation and responsibilities of an effective carrier.
4.5.3. In cases where there is the intervention of a freight forwarder residing outside the United Mexican States, 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 agent, in order to intervene in the good completion of said operation in any aspect and above all the release of the cargo, the Correspondent Agency will be responsible for responding in turn to its clients, be they shipper, consignee or diverse agent, in the terms in which he has wanted to bind against them either through the figure of the freight agency contract or in the terms of the effective carrier, only the freight agent being obliged to respond with respect to all the specific acts which in turn have been entrusted to carry out written or by electronic means, specifically in the release of the load and not for the whole operation.
4.6. According to the cargo agency contract where it is entrusted to hire the cargo agent to coordinate the international transportation of cargo, it is declared and accepted that the contractor of the cargo agent confers the absolute right to the cargo agent in terms of this contract; to subcontract in turn the effective unimodal or multimodal transport service, either individually or coordinated, which best considers that it will fulfill the ultimate purpose of the operation, which is that of logistics coordination for the transport of cargo from its origin to its destination or from the geographical point indicated to another that refers to it, the client understanding that this service that is subcontracted will always be of quality and with porters of recognized effectiveness but, limiting its responsibility strictly to the object of the agency contract load and never absorbing or showing solidarity in responsibility with the effective carrier (s). Therefore, this is agreed in accordance with article 285 of the current Commercial Code of the United Mexican States.
4.7. RESPONSIBILITY OF THE FREIGHT FORWARDER REGARDING THE CARGOES AND INSURANCE..
4.7.1. 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, so it will be understood in all the cases that the actual content of the cargo will be in all cases of the nature, volume and characteristics that the client says it is.
4.7.2. Effective carriers are legally obliged to have insurance for both the means of transport and the loads they handle, however, there is a caveat and the obligation that the owner of the loads or shipper request the contracting of the insurance of the loads. to be transported, so 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 hire it and it will be at all times the responsibility of whoever insures or not and never the agent.
4.7.3. The client must request the Freight Forwarder in writing prior to contracting an insurance that covers the damage or loss of the cargo.
4.7.4. 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.
4.7.5. For the purpose of the responsibility of the Freight Agent 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 for the repair of the damage or compensation 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 the logistics coordination the Freight Forwarder is not the direct or indirect cause of the cause of the damage , If not, the actual carriers who have acted with guilt or responsibility or even the omissions that have been given in instructions by the interested parties themselves.
4.7.6. In the cases in which the interested party or client or final consignee of the cargo as a result of some damage or lack 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 Agent will not will be obliged to issue such responsive or respond to any claim, since due to 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 be to assist in favor of the client with those responsible. Excepting from this moment any legal value of attribution of responsibility that these acts are intended to be given.
5. RESPONSIBILITY OF THE SHIPOWNER OR EFFECTIVE CARRIER.
5.1 The Shipowner or shipping company is the natural or legal person whose purpose is to operate and exploit one or more vessels owned or owned by them, even when it is not their main activity, in accordance with the Law of Navigation and Maritime Commerce.
5.2 Liability. The terms in which the shipping company is bound are those indicated on the face of the Master Bill of Lading (Bill of Lading) of the transportation line, in accordance with articles 98, 100 section X, 101, 102 of the Law of Navigation and Maritime Commerce of the United Mexican States and current international treaties. Every time, by virtue of a contract for the transport of goods by water, the shipping company is obliged to the shipper or shipper to move the goods from one point to another and deliver it to its recipient or consignee by paying a freight.
5.3 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 agent, including the payment for the provision of logistics coordination services and whose amount is covered by this document on its face or in that bill of document. lading house or invoice that is issued.
5.4 In the case of delays in the service of the shipping company, the responsibility of the freight forwarder is to assist the client, whether it is a shipper, consignee or a different agent, in the successful completion of operations and in the release of cargo. Each individual contributing agent must respond in the terms of the applicable Mexican legislation in accordance with the nature of the activity that he carries out and in the terms in which he is bound.
5.5 It is agreed that in the cases of logistics operations where the client or consignee of the goods once they have entered the different customs offices in question and for reasons of their absolute responsibility determine the abandonment of said goods, this act does not It will free the client, consignee or owner of the same to pay the transport coordination services, understanding by them the payment of the agency service and the transport service granted by the effective transporters, as well as the accessory expenses derived from the operation such as the costs of delays, storage or stays in the premises since due to its legal nature it 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 is abandoned.
5.6 The freight agency is exempt from the payment of these ancillary expenses and will have legal action in cooperation with the effective carrier (s) against the one or those who have expressly or tacitly determined the abandonment of the goods that are the object of this agency contract.
5.7 In these cases, the provider will cooperate with the agency to recover these payments and both will have action against the person who has determined the abandonment.
5.8 It is also agreed that in analogous cases where the freight agent is hired for the purpose of coordinating transport operations and where rail, air, land or multimodal means of transport are used, the obligation of the carrier will be in the same terms as It is established by the document that it issues and which in turn are the representative document of the merchandise, which individually or jointly will be called the master document; as well as in the terms that are established in the laws and / or specific international treaties and ratified by Mexico. Being the freight agent only responsible for the service in the terms of this contract.
5.9 Regarding the previous clause in cases where the IATA certified letter agent executes a service, this must be requested and commissioned by the client in the terms of these clauses and in the case of problems regarding transport, in particular the agency and the client recognize the specific regulations of the IATA as well as the international agreements 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 is exhausted instance, arbitration may be used under the terms of the regulations (International Air Transport Association).
5.10 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 recognition 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 freight forwarder to in turn make the payment to the line. If for the convenience and decision of the freight forwarder, it determines that the claim and / or arbitration should be carried out by it, the client is obliged to endorse the air waybill and issue a letter of transfer of management rights in favor of the client to the Affection that it carries out the corresponding management.
5.11 The parties agree that matters relating to the air service provided by the line, as well as any circumstance that involves arbitration or claims before the line, will be affected by the Regulations established in IATA, however, regarding the client's non-compliance with the agent of Cargo regarding the service provided, its consideration and the omissions that the client has that result in the impact on the cargo agent will be regulated by this contract in the section related to competition.
5.12 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 logistical connections or substitutions, and / or to the destination. final, 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 when the transport and cargo must be present, to carry out the export or import procedures of the set goods. The actual carrier is obliged to inform the agent of the route to follow as far in advance as possible before the transportation is carried out, as well as to change it when necessary.
5.13 For cases of land services where the merchandise is shipped and delivered to the consignee by this means, it is provided that for export freights the agent limits its responsibility to the national section, so in international sections until delivery, 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 loss that may affect the goods, so in case there is an affectation to them In international sections, the freight forwarder will limit itself to advising the client of the circumstance if it is the case to enforce the insurance for which the client or owner of the merchandise will be supported by the freight forwarder in the management matter. and provision of documentation to carry out the corresponding procedure.
5.14 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 requested and contracted service to R.H. SHIPPING & CHARTERING, S. DE R.L. DE C.V. and the quotation of rates, accepting from this moment that for the purpose of the execution of the logistics coordination service, they are made aware and are aware of the means of transport required, maneuvers and other elements necessary for the fulfillment of the requested service, obliging themselves to not to object to the payment corresponding to the services and expenses that for the purpose of their execution have been necessary and which are notified to the service request.
5.15 In the case of transportation service for a full trip or to a specific port or terminal, in all cases, it will be understood that the legal or natural person who sells or offers the service to the agent in a fixed office or in the field, to the effect that he or she in turn, it can complement the logistics coordination service, it will be understood that the person who offers it, is and will be responsible for all legal effects that may arise regarding the civil, commercial and operational obligations of the coordination, with special emphasis in the matter of 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.
5.16 For the case stipulated in the immediately preceding point, in cases where the full is made up of different providers or owners, the provider (s) must appoint a common representative, with the legitimacy to enter into this type of agreement, who will have the obligation to issue original waybill with the requirements of law, established for commercial transport services of general cargo, or special, whatever the case, stipulated by the Ministry of Communications and Transportation for these means.
6. RESPONSIBILITIES AND OBLIGATIONS OF THE SHIPPER, CONSIGNEE, CUSTOMER OR MISCELLANEOUS AGENT THAT HIRES THE FREIGHT AGENT.
6.1. It will be the responsibility of the shipper, consignee or any agent who hires the services of the freight forwarder, 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 In all cases, the actual content of the load will be in all cases what the client "claims to be".
6.2. The direct and unconditional obligation is agreed and accepted, with an expiration date in sight, recognizing “I owe and I will pay” in favor of the freight forwarder and as direct beneficiary, the amount covered by the invoices issued for the service, whose subscription date also It appears on its face as a debt to be paid by debtors who appear as shipper and / or consignees 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.
6.3. The costs of contracting the insurance that covers the cargo will be borne by the client, who must request it in writing to the Cargo Agency.
6.4. The cargo to be transported must be properly packed and packed according to the merchandise in question, this being the absolute responsibility of the client.
6.5. The client confirms the responsibility before the Freight Forwarder, guaranteeing the value, expenses, procedures, delays for the non-return of the containers in time free of delays and damage to the container (s) in which the merchandise object of the service is transported, as well as ancillary expenses such as delays and warehousing that are generated by the execution of the transport service in the modality of logistics coordination and re-dispatch of cargo; expressing and assuming the character of final consignees and expressing the unconditional obligation to pay any of the expenses generated other than the payment of the service and freight.
6.6. The client grants the widest and complete responsibility that in law corresponds to the effect of guaranteeing in favor of R.H. SHIPPING & CHARTERING, S. DE R.L. DE C.V. protect each and every one of the direct and accessory obligations that with respect to logistics coordination services are provided in favor of the legal or natural person they represent, as well as direct responsibility for the volume, nature and quantity of the cargo consigned to R.H. SHIPPING & CHARTERING, S. DE R.L. DE C.V. as a freight forwarder. Responsibility that is also assumed before suppliers and third parties that intervene in the service.
6.7. The client expressly accepts the conditions and characteristics of the service requested and contracted to R.H. SHIPPING & CHARTERING, S. DE R.L. DE C.V. and the quotation of rates, accepting that for the purpose of the execution of the logistics coordination service, he has been made known and is aware of the required means of transport, maneuvers and other elements necessary for the fulfillment of the requested service, obliging himself not to object the payment corresponding to the services and expenses that for the purpose of their execution have been necessary and which were notified to them at the request of the service.
6.8. 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 as of the next day of the last day free of delays, the ancillary costs of 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 this agreement in turn makes the formal notification default in case of exceeding the referred number of days off; the delays will start counting from the day immediately after the termination date of the ship's unloading operations.
7. ACTIONS DERIVED FROM THIS CONTRACT.
7.1 The freight forwarder will at all times have in his favor the action of breach of contract and damages caused to him.
7.2 Due to the breach of the client or shipper for the non-payment of the services the Agency has provided.
7.3 Due to the error or bad faith of the correspondent in the coloader services, where due to the agent at origin or the Correspondent Agency agency, the freight agent cannot carry out its coordination of logistics services, or has to incur in improper payments or impairment of your business reputation.
7.4 Due to the failure of the client to pay the ancillary expenses that are generated from the service provided. Including delays, storage, stays.
7.5 Because the transport company incurs in negligence or in actions without rights or outside the law and the limits of its obligations and possibilities, and because of these the freight agent incurs in extraordinary expenses, responsibility towards the client, agents, shippers or consignees or that their commercial reputation is affected by direct cause.
7.6 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 be added and contribute to the rights of the carrier or shipping company, the shipper, and / or the consignee, and / or the owner of the cargo through the figure of the intervening third party; but there will never be a right under these terms against the freight forwarder, so if any action is taken against him, this clause will operate as an exception in defense.
8.- SERVICE INSTRUCTIONS..
8.1. 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 (sea / air / land); handling instructions, specific instructions regarding the mode of transport (FCL / LCL / Consolidated) and the issuance of documents.
8.2. In the case of transport instructions provided by the customer over the phone, the customer must confirm them to the freight forwarder in writing, within twenty-four (24) hours after requesting the service.
8.3. In the absence of precise instructions, the client will request from the Freight Forwarder the coordination of transport and logistics that includes the selection of the most appropriate means and forms to subcontract the transport.
8.4. It is the customer's responsibility to transmit this information correctly and completely to the Freight Forwarder. In the event of a discrepancy, the freight forwarder will inform the customer, in order to clarify any discrepancies that may exist.
8.5. For all legal purposes, the client will be the natural or legal person who requests the services of logistics coordination and transport, 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, being that the obligor 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 operations staff of the freight forwarder must, before making any changes with suppliers, verify the authorization and if there is no impediment from legal or customs antecedents, which may affect the operation in depth.
8.6. Regarding the service request or letter of instructions that the interested party makes to the Freight Forwarder, it must be precise and congruent in all its elements, particularly in gender, species, quantity and nature of the cargo, so that in the case of execution From the logistics coordination service, there will be any variation in any of these elements that a transport provider or customs inspector communicates to the Freight Forwarder, the Agent will report it to the client, so if this variant between what is declared by the client and the verification extra charges or service delays (ETD or ETA) will be derived from the actual cargo, these will be the responsibility of the person who issued the letter of instructions or service request at all times, being then that if this fortuitous, culpable or fraudulent discrepancy also results any affectation to the Freight Agent, generation of ancillary expenses, or any civil, administrative or criminal consequence the client d You must pay said charges, assume said responsibility, pay damages that are generated or intervene to exempt the Freight Forwarder from any legal, criminal or administrative consequence.
8.7. In the event that the Client or final consignee of the merchandise incurs in omissions of any nature, vis-à-vis the Agent, or with respect to fiscal, customs or health obligations or of any nature that may result 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 to the freight forwarder and to the actual carrier or transport service provider, for the payment of the expenses that these omissions generate, excluding the agent of obligations derived from these omissions against the shipping company or supplier or third parties, consequently, any damage or loss of property that the agent suffers with respect to these omissions or problems of the client, the agent will have the right to demand compensation and payment of damages and losses .
9.- RESPONSIBILITY FOR PAYMENT.
9.1. The client will pay the Freight Forwarder for the services rendered against billing.
9.2. The Freight Agent will charge the client the concepts generated by freight, services, ancillary expenses generated, if applicable, before the shipment is released to the client.
9.3. The client is responsible for paying taxes, customs duties and direct transport not contracted by the Cargo Agency.
10.- LIMITATION OF LIABILITY.
10.1. The Freight Forwarder in the exercise of its activity selects and contracts carriers, customs agents and others, in accordance with the service requested by the client, these entities will be considered independent third parties from the Freight Forwarder, the cargo being in the power of the 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.
10.2. The responsibility of the Freight Forwarder will be limited, said responsibility being exclusively with respect to the acts that correspond to it and are of the nature of transport logistics coordination.
10.3. In the event that there is any omission on the part of the Freight Forwarder regarding its service already specified and described in this contract, the Freight Forwarder may, upon request by the client in writing, for clarification or claim to the same freight agency, and previous analysis and study carried out by the litigation area of the agency; An indemnity may be estimated, which will be based on the following terms, amounts and amounts:
- The compensation that should be made by the Freight Agency will not exceed: USD $ 3.00 (THREE AMERICAN DOLLARS) per kilogram of gross weight, in air transport or 15 days of minimum wage in force in Mexico City per ton or when it deals with maritime shipments whose weight is greater than 200 kg but less than 1000 kg and 4 days of minimum wage per consignment when it comes to shipments weighing 200 kg. Not to exceed the sum of USD $ 500.00 (FIVE HUNDRED AMERICAN DOLLARS) per shipment. For loss or damage of the merchandise. (This only in the event that said merchandise is in your custody).
10.3. If there is a transport document issued by the Freight Forwarder, the limitations of its liability will be limited to what is expressed in this document.
10.4. 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 customers, fines, claims for losses due to depreciation or conventional fines, fluctuations in exchange rates, fees or taxes increased by the authorities whatever the cause.
10.5. Under no circumstances will the Freight Forwarder be responsible if one or more of the following circumstances occurs:
- Negligence of the client or its Authorized Representative.
- Defective packaging, labeling and stowage or the absence of these, as long as the Freight Agent has not been in charge of carrying out the packing, marking and stowage of the cargo. Likewise, the Freight Forwarder will not be responsible for the cargo of which the content cannot be verified.
- Terrorism, riots, war, rebellion, revolution, insurrection, usurpation of power, confiscation or apprehension under the orders of a government or a public or local authority.
- Damage caused by nuclear energy.
and. Natural disasters
- The release of the cargo object of the shipment when there are pending payments by the client for any concept: freight, services, ancillary expenses such as delays or storage. Without it being considered as illegal retention of merchandise or abuse of trust by the freight forwarder, being in any case controversy in civil or commercial matters and never criminal, the client having to show the payment receipts related to the cargo before the authorities.
- Force majeure or unforeseeable circumstances.
- Circunstances that the Freight Forwarder has not been able to avoid, consequences that he has not been able to foresee.
- Vices inherent to the nature of the cargo.
10.6. Under no circumstances will the Freight Forwarder be responsible for damages attributed to delay in the delivery of the cargo.
10.7. The Freight Forwarder will not be responsible for the consequences derived from loading / unloading operations that have not been carried out by him.
10.8. Under no circumstances will the Freight Forwarder be responsible if the cargo has been transported by the customer or his representative directly.
10.9. The Freight Forwarder will not be responsible, under any circumstances, for loss, damage, expenses or fines derived in connection with the wrong information provided by the client regarding the number of packages, content, weight, brands, dimensions or description of load. Serial
11.- PERIOD OF NOTIFICATION OR NOTICE OF VARIANTS IN CARGO OR SERVICE.
11.1. 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, bill of lading or air waybill. , that is issued, as well as with what is dispatched by the customs agent, consequently, in case there is any variant, the consignee, of the merchandise will have a period of 48 hours to make the corresponding notification to the freight agent, having to Accompany, reliable evidence 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 may serve as a conviction that the merchandise did not arrive in accordance with those specified in the transaction documents. Therefore, in case of not making said notice to the Freight Forwarder, the right to claim will preclude against the consignee or beneficiary of the transport documents.
11.2. The payments of the Freight Agent's invoices for the provision of its services may under no circumstances be conditioned on the attention of any claim and / or any act or fact of the Freight Agent and / or its employees, agents or subcontractors, therefore The effect that the claim and consequent acts of the freight forwarder continue their course, the client or consignee must pay the corresponding service, understanding this payment as the total amount, which includes the agent's services and the accessory services that he has used. with suppliers, agents, etc. Therefore, if this is not done, the claim made in the event will be considered as not presented, and it will be considered that the client is in breach of the contract and the obligations derived from it.
12.- RESPONSIBILITY OF THE FREIGHT FORWARDER.
12.1. The Freight Forwarder will promptly inform the status of shipments and their transit, specifically in exports of positioning, physical and documentary closings, as well as the departure of the ship, transit times, approximate times of arrival at destination , as well as the coordination at destination of the arrival and dispatch of the corresponding cargo, 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 cargo port for its departure to its final destination, either by sea or by air, in this case being the corresponding with respect to the modalities and specific characteristics of air transport.
12.2. In import cases, the Agent will be obliged to inform the client by means of alerts the arrival of the cargo, whether by sea 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 will be granted by the shipping lines or by air or land carriers, in the event of such facilities.
13.1. When the client fails to pay ancillary expenses derived from the service provided, he will be credited with a penalty consisting of an additional 50% of the generated amount invoiced, an amount that must be paid to the Freight Agency.
13.2. The Client will be responsible for damages caused to the Freight Agency when these are derived from non-compliance with payment of services, ancillary costs such as delays or storage.
Said contract is made known to the client through the emails that were exchanged between the parties in which the electronic link of the acceptance of said terms and conditions of service refers. Electronic communication between the parties constitutes one of the predominant means of information exchange in international trade operations.
This contract constitutes, according to the law, a notorious fact as it is a document of public knowledge because it is located at the electronic address specified in the emails issued by the Freight Agency staff and is located on the electronic page:
"All requests, offers, quotes and performance of agency services and coordination of transport services in the form of cargo agency, implies the acceptance of customers and suppliers of the general conditions of the service provider company established in: http://www.rh-shipping.com/condiciones".
Regarding the exchange of common and habitual emails in the operations of the freight forwarder with its clients and its suppliers, the following NOM is applicable.
The Federal Law on Metrology and Standardization establishes that the Official Mexican Standards are constituted as the ideal instrument for the protection of consumer interests, on March 20, 2002, the National Consultative Committee for User Safety Standardization, Commercial Information and Trade Practices, unanimously approved the referred standard is the OFFICIAL MEXICAN STANDARD NOM-151-SCFI-2002, COMMERCIAL PRACTICES-REQUIREMENTS THAT MUST BE OBSERVED FOR THE CONSERVATION OF DATA MESSAGES.
This standard in accordance with the provisions of articles 40 of the Federal Law on Metrology and Standardization in relation to 49 of the Commercial Code, the Ministry of Economy issued an Official Mexican Standard that allows compliance with the obligation, in charge of the merchants who use data messages to carry out commercial acts, to keep for the period established in said Code, the content of the data messages in which contracts, agreements or commitments that give rise to rights and obligations have been consigned; and whose content must remain intact and unaltered from the moment it was generated for the first time in its final form, and must be accessible for subsequent consultation. The objective of this standard is the requirements that must be observed for the conservation of the content of data messages that contain contracts, agreements or commitments and that consequently give rise to rights and obligations.
Its field of application is of general observance for the merchants who must keep the data messages in which contracts, agreements or commitments that give rise to rights and obligations are consigned, as well as for all those people with whom the merchants grant or agree to said contracts. , agreements or commitments.
The basic model of operation of the FEC is shown in Figure 1, it outlines a client program, the FEC and a server program. The operation scheme is simple: the FEC is in charge of accepting client connections, authenticating and, if the service to which they wish to connect is in operation, notifying the latter of the client's connection.