These Terms and Conditions will be applied to all logistics services performed by the Cargo Way Logistics group.
The costs for products and services not mentioned in this proposal when requested by the client or being necessary for the contracted service, must be formalized before being carried out.
2. Cargo Way’s Responsibility
This document has the intention to clarify that Cargo Way will be responsible only for the management/operational process for the temporary admission import/export of cargo/goods in the countries where it has its own offices, nominally Brazil, Argentina, Chile, Colombia, Ecuador, United States, Mexico, Paraguay and Uruguay, or in the countries served by its representatives, partners, sub-agents or subcontractors, being the client responsible for the payment of taxes and duties that may be due on the cargo/goods, as well as for the storage and conservation of the cargo/goods after delivery of the same to the recipient.
In no event, however, will Cargo Way be liable to the Client and/or third parties for amounts exceeding the limits of liability enforceable by the carriers responsible for performing the transportation, or part thereof, during which the loss or damage occurred. Recovery for indirect damages is also excluded.
Cargo Way reserves the right to refuse or cancel any work that is considered a threat to the security of Cargo Way’s assets or is outside the agreed scope of service.
Client will be responsible for all additional fees charged by carriers/co-carriers/ports/customs agencies and any other government agencies. Non-palletized or improperly secured shipments are subject to additional charges if there is any demand by the shipping company/airline. These costs will be the responsibility of the client.
According to the current legislation, the freight forwarders are not responsible for delays in the shipment and delivery of goods at destination, damage to the cargo transported and changes and cancellation of sea/air routes, and especially in cases of force majeure, such as strikes and problems arising from integrated communication systems. In this way, Cargo Way will not be responsible for any delays that are beyond the company’s control.
2.1 – Cargo Way’s Disclaimer
Under no circumstances can Cargo Way be liable if the cargo/goods or any part thereof is lost, damaged, delayed or misplaced in the following circumstances:
Also, there are causes excluding Cargo Way’s liability:
2.2 – Designated Importer/Exporter (IOR/EOR)
Cargo Way can act as designated importer/exporter on behalf of the consignee, upon request, in accordance with the items below:
3. Cargo Insurance and Liability
When expressly requested and upon payment of the premium, Cargo Way can arrange insurance on behalf of the client to cover the value of the goods during international transportation. The maximum insurance guarantee is USD 270,000.00.
If it is not possible to provide a Subrogation letter, Cargo Way will provide insurance coverage as agreed in the commercial proposal. This insurance is provided by third party insurance companies who assume responsibility for the amount of insurance purchased. Cargo Way assumes no responsibility beyond issuing the insurance. All policies are for the actual goods to be shipped and assume no liability for consequential damages unless otherwise stated in the policies purchased.
Under no circumstances Cargo Way will be liable for any punitive damages, consequential lost damages, third party damages or any other compensation.
For the provision of services object of this proposal, the Client will pay to Cargo Way the amounts and terms established in the “Commercial Proposal” and additional contracts by e-mail – which is an integral part of this instrument.
Standard payment terms and conditions are 10 days after the date of the shipping document for both import and export cargoes, unless a different term is agreed in the commercial negotiation. When payment of import duties is required before customs, payment must be in advance, i.e. before the cargo arrives in the country.
In case of delay or non-payment, the client acknowledges to Cargo Way the right to withhold the cargo release documents. For each payment received ten (10) days after the due date, the client agrees to pay a late fee of 1.5% and a 5% fine on the outstanding amount for each month after the due date.
4.1 – Currency and Exchange Rate
If the amounts in the commercial proposal are expressed in a different currency from the currency of the country of payment, it will be necessary to convert to local currency, applying an additional 5% spread over the exchange rate informed by the financial department.
5. Cancellation Fee
In case of cancellation after formal acceptance of the proposal, the following costs will be charged:
– Air Shipment: USD 150,00
– Sea Shipment: USD 350,00
– Road Shipment: USD 150,00
6. Road Transport Regulations
Deliveries to locations that require special procedures will also incur additional fees. Each delivery will be monitored and accompanied by cargo documentation (invoice or transport declaration), besides the transport document that is used as proof of delivery for billing purposes and signed by the recipient
All cargo must be moved according to the capacity of the trailer/vehicle and the service is conditioned to availability of equipment upon order confirmation. In addition, the proposal excludes police escort, loading and unloading and labor force, unless previously requested by the client.
Repair costs related to damage to the truck/trailer during loading/unloading caused by the client will be passed on integrally.
6.1 – Surcharges
Trucks and drivers will follow the current traffic regulations. Requests for transport on weekends (Saturday and Sunday), non-business hours and holidays will incur additional costs to the standard rates, as shown below:
7. Customs Formalities
Customs formalities include documentation analysis, approval of budgeted costs, preparation of export/import documentation, submission and approval of governmental authorizations (when necessary) and coordination of the physical release of cargo, and eventual hindrances arising from the client’s documentation and/or goods, cannot be imputed to Cargo Way.
The client assumes full responsibility for the full compliance with Brazilian customs procedures, undertaking to collect the full amount of federal taxes and contributions that may be charged on the cargo/goods. In case there are no original documents as required by Brazilian customs, the penalty will be applicable in practice.
If Brazilian Customs imposes any additional duties/taxes on any of the import/export shipments at a later stage or during customs audit after release of the goods, then the consignee/client will be liable to pay the additional charges.
Cargo Way will use customs agents and/or suppliers it trusts to perform customs formalities. The client undertakes to provide Cargo Way with all information and documentation necessary for the completion of the customs declaration, including those related to the origin, classification and value of the goods shipped.
Cargo Way reserves the right to make any changes on previously quoted rates without prior notice due to changes in official regulations or legislation, directives from customs authorities, other governmental authorities and any other authorities. Cargo Way also reserves the right to make any changes due to any force majeure or unforeseeable conditions that may have an impact on any logistics operation.
Considering temporary shipments, the re-export/re-import (cargo return) charges are stipulated for budgetary purposes and need to be revalidated at the time of shipment readiness. Any change in the same will require an update of values. Also, the final weight charged (dutiable weight) is always that determined by the carriers (airlines, ocean carriers and trucking companies).
The quotation is subject to change in order to bring the shipment into compliance with the standards of the international transportation regulators. This also excludes taxes, demurrage and detention of containers, container repair/cleaning, escort, government and customs clearances, unloading/loading at pickup/delivery point or airport/port, packing or repacking, cargo insurance, handling, unloading/loading equipment, penalties ( if applicable), unless requested by the client.
9. Warehousing Fees
The export/import commercial proposals include the first period of port and airport storage. The cost and time limit of the subsequent periods will be charged later according to the incidence and the current table will be informed upon request.
Cargo Way will not be responsible for the integrity/storage/conservation of cargo or goods after it has been delivered to its consignee for the job for which it was intended.
In addition to extra storage costs, demurrage and detention costs incurred to shipping, after the free time informed by the shipping company, will be charged as below:
CONTAINER DEMURRAGE CHARGE
AMOUNTS IN “US$” – PER DAY
|Special containers (FR, OT, RE)
|Special containers (FR, OT, RE)
|Special containers (FR, OT, RE)
The above amounts were applied based on the demurrage rate of the carrier and the days listed correspond to the days of delay (discounting the free period). Also, the free time will be stipulated in the commercial proposal.
10. The Rules of Conduct
We are confident that you will find in our service the best for your needs. If you need any further information or clarification regarding our proposal, please feel free to contact us.
Thanks and best regards,
To be filled in by the client
Quotation Acceptance / Terms and Conditions
We confirm and accept the terms of conditions, as well as the rates in this quotation.
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