Términos de Prestación del Servicio de Transporte

1. Definitions

1.1 Transportation means all or part of the transportation, loading, unloading, handling and any other services performed by Shipping Logistics or any other company that is subcontracted to move the goods.

1.2 Container includes any container, platform, trailer, transportable tank, pallet or any other similar device used to consolidate and transport the goods.

1.3 Freight includes all charges payable to Shipping Logistics in accordance with the applicable rate quoted and accepted by the customer.

1.4 Goods means all or part of the cargo and any packaging or container provided by the customer (importer or exporter).

1.5 Conventions: A- Hague Rules through the provisions of the International Convention for the unification of certain rules relating to bills of lading signed in Brussels on August 25, 1924. B- Warsaw Convention, which applies to all international transport of people, baggage or merchandise (air shipments and/or air cargo) made against remuneration, in an aircraft.

1.6 Client – Importer/Exporter includes the Shipper, owner, recipient, receiver of the merchandise, any person who possesses or is entitled to possession of the merchandise and any person acting on behalf of said person.

1.7 Maritime Transport is the type of transport that is carried out across the ocean using a cargo ship and that Shipping Logistics subcontracts; includes an individual, corporation, or other legal entity.

1.8 Air Transport is the type of transport that is carried out by air using an aircraft that can be passenger or cargo and that Shipping Logistics subcontracts; includes an individual, corporation, or other legal entity.

1.9 Land Transportation is the type of transportation that is carried out by land using any type of land vehicle appropriate to the size and nature of the goods to be moved; Shipping Logistics may use its own vehicles or subcontract to an individual, corporation, or other legal entity as appropriate.

1.10 Subcontractor includes owners, charterers, vessel operators, aircraft operators, customs brokers, terminal operators, road and rail transport operators, warehousemen and any direct or indirect independent contractors employed by Shipping Logistics or whose services or equipment have been used for the transport and handling of the merchandise.

1.11 Vessel means any water transport vessel used in the transportation of the Goods.

1.12 Aircraft means any air transport vehicle used in the transportation of the merchandise.

1.13 FCL means Full Container Load. LCL stands for Less Container Load (loose cargo).

2. Fee

2.1 The rate is taken as valid at the time of acceptance of the services provided by Shipping Logistics, presented for consideration in the quote and must be paid in full by the client without any deduction or variation.

2.2 The Client is responsible for all charges, which must be paid to Shipping Logistics in the agreed terms and currency.

2.3 Despite any agreement with Shipping Logistics for the collection of freight, services, duties and taxes, any amount derived from additional costs of any nature related to the merchandise, the importer or exporter, the Client must be willing to pay said costs.

2.4 Shipping Logistics is not responsible for changes or adjustments made by Government entities regarding the value of the merchandise, classification of the merchandise, duties and tax rates. Any additional cost derived from these adjustments must be paid by the Client.

2.5 Shipping Logistics is not responsible for changes or adjustments made without previous notice by the carriers regarding the air – ocean- land rates & other carrier’s charges. Any additional cost derived from these adjustments must be paid by the Client.

3. Outsourcing

3.1 Shipping Logistics will have the right to subcontract under any terms all or part of the transport, whether it is Land, Air, Sea or Railroad Transport.

3.2 No Subcontractor shall under any circumstances be liable to the Client for any eventuality arising or resulting directly or indirectly from any act, negligence or default of the Subcontractor while acting in relation to the goods or their transportation.

3.3 Any person or subcontracted company must ensure compliance with all current laws in order to operate in the territories it covers and be duly registered with the corresponding government entity.

3.4 Every Land Transport company that is a Subcontractor of Shipping Logistics must ensure that its fleet of vehicles is duly authorized to operate in the territories it covers and its employees must be legally authorized to operate the vehicles

3.5 Every Land Transport company that is a Subcontractor of Shipping Logistics must have a preventive and corrective maintenance program for its fleet of vehicles and ensure that they are in optimal physical and mechanical operating conditions.

3.6 Every Land Transport company that is a Subcontractor of Shipping Logistics must guarantee that its vehicles are free of any contamination, modifications and the existence of suspicious parts and materials foreign to it, which can be used for illicit purposes such as smuggling or human trafficking.

3.7 Every Land Transportation company that is a Shipping Logistics Subcontractor is responsible for implementing training programs for its personnel and addressing issues of anti-corruption, anti-bribery and the harmful effects of alcohol and drug abuse.

4. Responsibility of Shipping Logistics

4.1 Shipping Logistics undertakes to carry out and/or on its own behalf to procure the execution of the Carriage from the place of receipt or the port of loading, as applicable, to the port of discharge or the place of delivery, whichever is applicable. The responsibility of Shipping Logistics as a Consolidator/Deconsolidator agent is to coordinate with the different actors in the logistics chain, the transfer of the goods and deliver them in the same state in which they were received. The responsibility for the loss or damage of the merchandise that occurs between the moment of acceptance by the subcontracted company of the custody of the merchandise at the point of origin of the transport and the moment in which the subcontracted company presents the merchandise for its return at the point of delivery will be determined according to the internal regulations and contracts of each of the subcontracted companies, insurance purchased by the client (see numeral 18 Insurance) and the current applicable international regulations.

4.2 The subcontracted companies shall have no liability for any loss or damage to the goods, whatever its cause, if said loss or damage arises before the acceptance by the subcontracted companies of the custody of the goods or after the subcontracted companies deliver the cargo.

4.3 If the Client subcontracts part of the transportation of its merchandise on its own, and the subcontracted company, at its discretion, accepts, said section of transport will be acquired and the subcontracted company will act as agent only for the Client; Shipping Logistics shall have no liability for such transportation or the acts or omissions of such carrier.

4.4 Shipping Logistics or its subcontractors will be exempt from liability for any loss or damage when said loss or damage has been caused by:

4.4.1 – When the stage of Transportation in which the loss or damage occurred is unknown:

1. an act or omission of the Customer or Person acting on behalf of the Customer other than Shipping Logistics or Subcontractor;
2. compliance with the instructions of any Person authorized to give them;
3. insufficient or defective state of packaging or markings;
4. handling, loading, stowage or unloading of the goods by the Client or any Person acting on his behalf;
5. vice inherent to the goods;
6. strike, lockouts, work stoppage or labor restriction, for any reason, whether partial or general;
7. natural disasters;
8. any cause or event which Shipping Logistics cannot avoid and whose consequences it cannot avoid by exercising reasonable diligence.

4.4.2 – When the stage of the Transport in which the loss or damage occurred is known

1. If the loss or damage is known to have occurred during the transport, handling or storage of the merchandise by employees of Shipping Logistics, the company will be responsible for the cost of the damage (see numeral 18 Insurance).
2. If it is known that the loss or damage has occurred during the transport, handling or storage of the merchandise by subcontractors of Shipping Logistics, the subcontracted company will be responsible for the damage according to its internal procedures or the contracted insurance by the Client or the Person acting on behalf of the Client (see numeral 18 Insurance).

4.5 Comply with all current laws in order to operate in the Republic of Guatemala and be duly registered with the corresponding government entity.

4.6 Ensure that its vehicle fleet is duly authorized to operate in the Republic of Guatemala and its employees must be legally authorized to operate the vehicles.

4.7 Have a preventive and corrective maintenance program for its fleet of vehicles and ensure that they are in optimal physical and mechanical operating conditions.

4.8 Carry out exhaustive reviews to ensure that their vehicles are free of any contamination, modifications and the existence of suspicious parts and materials that are foreign to them, which can be used for illicit purposes such as smuggling or human trafficking.

4.9 Implement training programs for its personnel and address safety issues in cargo handling, safety in the work area, anti-corruption, anti-bribery, and the harmful effects of alcohol and drug abuse.

4.10 Implement Risk Management programs to minimize the probability of occurrence of events that threaten the integrity of the cargo, person and facilities and streamline the company’s operations in a safe and reliable manner.

4.11 Treat all the information provided by the Client or Sender as confidential and guarantee that it will only be shared with the Individuals or legal entities involved in the process of transporting the merchandise from its point of origin to its place of delivery.

5.Overall

5.1 Shipping Logistics does not undertake that the goods or any document related to them will be available at any point, place or stage during the transport service between the place of receipt or the port of loading and the place of delivery or port of discharge of the goods; either to comply with any requirement of any license, permit, contract of sale or credit of the Client or of any market or use of the Goods. Shipping Logistics will under no circumstances and however it arises be liable for any direct, indirect or consequential loss or damage caused by delay.

5.2 Except as otherwise provided herein, Shipping Logistics shall in no event be liable for direct, indirect or consequential loss or damage arising from any other cause or for loss of profits.

5.3 Once Shipping Logistics has received the goods for transport, the Customer may not demand delivery of the goods at any other port or place other than the Port of Discharge or Place of Delivery indicated in the BL.

6. Notice of loss

Maritime Cargo:

If the container was not loaded by Shipping Logistics, see item No. 7. If the container was loaded by Shipping Logistics, any notification of loss or damage and the general nature of such loss or damage must be submitted in writing to Shipping Logistics. If within three days after the delivery of the merchandise no notification is received, it will be considered a reasonable indication of the delivery without shortages by Shipping Logistics.

Air Cargo:

The Client and/or Consignee and/or Carrier must submit the claim for damage or loss before removing the merchandise from the Customs Precinct, otherwise if the Client and/or Consignee and/or Carrier sign “Received in Accordance” and withdraw the merchandise, Shipping Logistics will not have any responsibility for the loss or damage of the merchandise.

7. Merchandise packaged by sender

If Shipping Logistics has not packed the goods:

7.1 The Client will be responsible for the loss or damage of the content, for any injury, loss, damage, liability or expense incurred due to: (a) the way in which the merchandise has been packaged, (b) the inadequacy of the goods for carriage in the packaging used, (c) the improper or defective condition of the packaging, or (d) the improper adjustment of any thermostatic, ventilation, or other special controls on the container, such improper or defective condition could have been evident upon reasonable inspection by Customer on or before the time the merchandise was loaded.

7.2 The sender is responsible for the packaging and sealing of all packaging.

7.3 Shipping Logistics will not be responsible for the loss or damage of the merchandise if the packaging is opened by any government authority for inspection or partial or total confiscation. If there is no confiscation, Shipping Logistics will proceed to reseal the packaging and notify the Client of what happened in any of the cases.

7.4 Although the subcontractor is obliged to send containers in good condition, the Sender must carry out a second inspection of said containers before loading the merchandise to ensure that they are solid and suitable for use.

8. Perishable cargo

8.1 For the transport of Goods of a perishable nature, the Customer or Shipper must request that the container must be refrigerated or heated if that were the case, electrically, ventilated or otherwise specifically equipped or must be given special attention in some way. If not so requested, they will be transported in ordinary Containers without special protection, services or other measures. The Client or Shipper undertakes to request in writing, for the transport of goods that by their nature require refrigeration, ventilation or any other specialized attention, the required temperature or other adjustment of the thermostatic controls, ventilation or other special controls. If the above requirements are not met, Shipping Logistics will not be liable for any loss or damage to the goods, however it arises.

8.2 The Client or Shipper must take into account that refrigerated containers are not designed to (a) cool or freeze cargo that is not at the temperature required for transport before loading the container, Shipping Logistics will not be responsible for the consequences of that the cargo is presented at a temperature higher than that required for transport; or (b) to monitor and control humidity levels, even if an adjustment facility exists, in that humidity is influenced by many external factors and Shipping Logistics does not guarantee the maintenance of any intended humidity level within any Container.

8.3 Shipping Logistics shall not be liable for any loss or damage to merchandise arising from latent defects, alteration, breakdown, thawing, stoppage of refrigeration, ventilation or any other machinery, plant, insulation and/or specialized apparatus of the container and any other accidental installation. Shipping Logistics will not accept for sea shipment (FCL or LCL) any merchandise that does not have the respective insurance.

9. Goods inspection

Shipping Logistics shall have the right to open and/or scan any package or container at any time and inspect its contents, either at its own discretion or at the request of any government agency. If at any time it appears that the goods cannot be transported safely or adequately, Shipping Logistics may without prior notice to the Customer or Shipper take any action and/or incur any reasonable additional expenses to transport or continue the transport of the same. The additional expense will be borne by the Client-Shipper-(at origin) and/or Consignee (final destination). The abandonment of the goods will be considered a due delivery.

Shipping Logistics will not be responsible for loss and/or damage to the merchandise or the packaging, or even the partial or total confiscation of the merchandise when the review is carried out by any government agency.

10. Description of the goods

10.1 The bill of lading will be proof at first sight of receipt by Shipping Logistics in apparent good order and condition, unless otherwise stated, of the total number of containers or other packages or units.

10.2 Shipping Logistics is not responsible for the weight, content, measure, quantity, quality, description, condition, markings, numbers or value of the goods and shall have no liability in respect of such description or details.

10.3 The Shipper guarantees Shipping Logistics that the data related to the goods have been verified by the Shipper and that said data and any other data provided by or on behalf of the Shipper, are true and correct. The Customer or Shipper also warrants that the goods are legal goods and do not contain contraband, drugs or other illegal substances or stowaways, and that the goods will not cause loss, damage or expense to Shipping Logistics or any other cargo.

10.4 All the data and information provided by the Client or Sender for the preparation of the legal documents to carry out the transport, is included at the expense and risk of the Client or Sender. The Client or Sender accepts that the inclusion of such data in no way increases the responsibility of Shipping Logistics in the information presented.

11. Customer Responsibility

11.1 All persons included in the definition of Client in point 1.6, including any director of said person, shall be jointly and severally liable before Shipping Logistics for the due fulfillment of all the obligations assumed by the Client.

11.2 The Client will be responsible for paying Shipping Logistics all freight, delays, fines, fees and/or all expenses arising in relation to the goods and for which Shipping Logistics is not responsible.

11.3 The Customer will comply with all regulations or requirements of customs, port and other authorities, and will assume and pay all duties, taxes, fines, levies, expenses or losses (including, without limiting the generality of the foregoing, the freight for any additional transportation that will be carried out), incurred or suffered due to any breach, or due to any illegal, incorrect or insufficient declaration, marking, numbering or address of the goods.

11.4 If the containers provided by or on behalf of Shipping Logistics are unpacked by the Client, the Client is responsible for returning the empty containers, clean inside, without odors and in the same conditions as received, to the point or place designated by Shipping Logistics, within the prescribed period. If a container is not returned in the required conditions and/or within the term prescribed in the rate, the Client will be responsible for any detention, loss or expense incurred as a result.

11.5 Containers left in the care of the Client for packing, unpacking or any other purpose will be at the sole risk of the Client, until their return to Shipping Logistics or to the company that owns the subcontracted container. The Client will indemnify the company that owns the container for all losses and/or damages and/or delays to said containers and all third-party claims or costs or fines resulting from the Client’s use of said Containers. It will be understood that the Clients know the dimensions and capacity of the containers that are made available to them upon request.

12. Freight, Expenses and Fees

12.1 Total Freight will be paid based on the data provided by or on behalf of the Client or Sender. Shipping Logistics may, at any time, open the merchandise or the container(s), to validate the data provided by the Customer or Shipper, and if the data provided is incorrect, the Customer or Shipper and the merchandise will be subject to freight adjustment and any expense incurred in reviewing, weighing, measuring or valuing the merchandise.

12.2 The Total Freight will be considered fully earned upon receipt of the goods by Shipping Logistics, and will be paid and will not be subject to return in any case.

12.3 All sums payable to Shipping Logistics are due upon request and will be paid in full in the currency agreed in the quote.

12.4 All Freight shall be paid without any compensation, counterclaim, deduction or suspension at the latest before delivery of the goods.

12.5 Payments made by the Customer or Shipper to any person other than Shipping Logistics will not constitute a payment to Shipping Logistics, and will be made at the sole risk of the Customer or Shipper.

12.6 At its absolute discretion, Shipping Logistics will grant a credit on any sums payable to Shipping Logistics, as long as it is agreed prior to the transport of the goods and in writing with the Client or Sender.

13. Right of Withholding

Shipping Logistics will have the right of retention on the merchandise and any documents related to them for all sums payable to Shipping Logistics and for any expenses related to the merchandise or to the Client or Sender. Shipping Logistics may exercise its right of retention at any time and place, at its absolute discretion, whether or not the transport has been completed. In any case, any right of retention will be extended to cover the cost of recovery of any sums due, and to this end, Shipping Logistics will have the right to sell the goods by public auction or private agreement, without notification to the Client or Shipper. Shipping Logistics’ lien shall survive delivery of the goods.

14. Methods and Routes of Transportation

14.1 Shipping Logistics may at any time and without prior notification to the Client or Sender, as long as it is applicable and always seeking the safety of the cargo:

1. use any means of transportation or storage;
2. transfer the goods from one transport to another (applies to any means of transport), even if the transshipment or shipment of the goods had not been contemplated or foreseen in the quote or transport contract (when applicable);
3. unpack and remove the goods that have been packed in a container and ship them via container or otherwise;
4. unpack and repack the merchandise if, at the discretion of Shipping Logistics, the current packaging is damaged, deteriorated or, at the request of the Client or Sender, the original packaging is requested to be reinforced, in order to guarantee the integrity of the merchandise;
5. comply with any orders or recommendations given by any government or authority or any person or organization, acting on behalf of said government or authority, or having, in accordance with the terms of insurance (if applicable) on any transport used by Shipping Logistics, the right to give orders or instructions;
6. transit, when using transportation owned by Shipping Logistics, overland routes that Shipping Logistics considers to be safe and will constantly monitor the location of such transportation.

15. Dangerous Goods

15.1 Any merchandise that was or could become dangerous, noxious, risky, flammable or harmful (including radioactive materials), or that was or could become harmful to any person or property, whether or not it appears in any codes international or national official or unofficial conventions, listings or tables, must be delivered to Shipping Logistics for transportation with prior written notice of its nature, character, name, label and classification (as applicable) and in a manner that complies with with any applicable national and international laws, regulations and requirements. If any such goods are delivered to Shipping Logistics without obtaining your consent and/or without such marking, or if in Shipping Logistics’ opinion they are or may become dangerous, noxious, risky, flammable, harmful or prohibited, transportation could be refused without any liability to Shipping Logistics.

15.2 The Client or Sender guarantees that said goods are packed in an appropriate way to face the risks involved in their transport, taking into account their nature and in compliance with all laws, regulations or requirements and manuals or handling instructions that may be applicable to the merchandise.

15.3 The Client or Shipper is fully and solely responsible for all claims, liabilities, losses, damages, delays, costs, fines and/or expenses arising as a result of the transportation of said goods and/or arising from the breach of any of the the guarantees established in clause 15.2.

16. Notification, Unload and Delivery

16.1 If Shipping Logistics is obliged to unload the goods to any customs, port or other authorities, such unloading shall constitute the due delivery of the goods to the Customer.

16.2 If the Goods are not claimed within a reasonable period of time or when, in the opinion of Shipping Logistics, the goods would deteriorate, break down or become worthless, or storage or other charges would be incurred, above their value, Shipping Logistics may, at its discretion, and without prejudice to any other rights it may have against Customer, without notice and without incurring any liability, sell, abandon or otherwise dispose of the merchandise at the risk and absolute cost of the Client, and will apply any proceeds of the sale to reduce the sums owed to Shipping Logistics by the Client.

16.3 Customer’s refusal to accept delivery of the goods in accordance with the terms of this clause and/or mitigate any loss or damage thereto shall constitute a waiver by Customer to Shipping Logistics of any claim relating to the goods or their transportation.

17. Contract Variations and Validity

17.1 No employee or agent of Shipping Logistics shall have the power to waive or vary any of these Terms of Provision of the Transportation Service, unless such waiver or variation is made in writing and has been specifically authorized or ratified in writing by Shipping Logistics.

17.2 In the event that any term contained herein is inconsistent with any relevant international treaty or national law, which cannot be waived by private contract, the provisions hereof shall be null and void to the extent of such inconsistency, but no more.

18. Insurance

18.1 Insurance is mandatory for handling maritime, land and air cargo. Shipping Logistics will not accept for sea shipment (FCL or LCL) any merchandise that does not have the respective insurance (see item No. 8.3), unless the shipper, client, customer or sender releases or exempts Shipping Logistics of any responsibility

18.2 Shipping Logistics recommends that the Client or Sender take out insurance for air freight. If the Client or Sender decides not to take out insurance for the merchandise, Shipping Logistics is exempt from any responsibility and cost resulting from robbery, theft, damage, breakdown, deterioration, decomposition or loss of value of the merchandise, whether partial or total, caused by any event regardless of its nature, with the Client or Sender being fully and solely responsible.

18.3 The contracting of insurance for the merchandise must be requested by the Client in writing. Shipping Logistics will not proceed to insure the goods if the request is not in writing.