Terms and conditions
We declare the subscription to this contract for the provision of cargo agency services that will be governed by the following clauses:
1st. Object. LOGISTIKS USA INC is obliged to provide the customer with International Cargo agency services in the air and handling modality according to the offer of services contained in annex 1. For its part, the customer is obliged to pay for the services specified in annex 1.
2nd. Operational budgets. The services are based on customer budgets and/or requirements, so the customer will provide LOGISTIKS USA INC with accurate, truthful and timely information. If the assumptions or estimates are to be modified, the customer shall inform LOGISTIKS USA INC of such changes, in the same measure and proportion. The customer shall be liable for damages, losses, breakdowns or deterioration of the products and/or damages suffered by LOGISTIKS USA INC and arising from causes attributable to the client, for guilt, fraud, bad faith or negligence, including the inaccuracy or falsity of the information provided on the products, whether for their content or for being incomplete, inaccurate, inaccurate, or false information.
3rd. Characteristics of the products. The Parties recognize and accept that the products require normal, standard (non-specialized) care in the logistics industry, inherent in their nature. The customer shall notify LOGISTIKS USA INC, the special care and measures applicable to the nature of the products, being responsible for the non-notification under the above clause. All products shall be the property of the customer or its suppliers and shall not be transferred to LOGISTIKS USA INC in any circumstance. The customer directly and/or through its suppliers must deliver to LOGISTIKS USA Inc the invoices proving the ownership of the products or a signed letter regarding the ownership of such products, responsible in front of LOGISTIKS USA Inc for Any contingency arising from the foregoing, against third parties or any authority.
4th. Receipt of the products. During the provision of the services, documentation and information of different nature will be issued and delivered between the parties, necessary to execute the services during the normal course of the operation and shall constitute full proof regarding the fulfillment of Each party's obligation to provide services, as appropriate.
5th. General rules for the provision of services. (a) LOGISTIKS USA INC. Must have the necessary technical equipment and infrastructure to provide the services in an appropriate manner; (b) Personnel using LOGISTIKS USA INC for the provision of services shall have the relevant experience, expertise, qualification and training; (c) LOGISTIKS USA INC will not be liable for faults, breaches or failures in the provision of services by chance or force majeure. The customer is obliged to pay LOGISTIKS USA Inc the amounts of the compensation for such services, proportionate to the benefit of those carried out by LOGISTIKS USA Inc before the fortuitous case or force majeure event is identified. The parties agree that LOGISTIKS USA INC will be empowered-but not obligated-in such events to deliver and extraordinary expenses for rescuing the products and/or resuming the provision of services. Such expenditures and extraordinary expenses must be previously approved by the customer, and the customer must reimburse them.; (d) LOGISTIKS USA INC. shall have all permits, licenses or authorizations and in general shall observe, abide and comply with the legal requirements applicable to the services; (e) The services are not qualified as "specialized", that is, materials, waste, remnants and hazardous wastes, bulky or heavy objects or other substances or goods, for which transport, loading and storage The client is aware and Recognizes that special permissions are required from the competent government authorities; (f) LOGISTIKS USA INC will not be liable for the guilt or negligence of the customer's employees or workers or defects in the products; (g) Any costs, expenses and/or extraordinary costs to be performed by LOGISTIKS USA INC during the provision of services arising from any breach by the customer shall be covered and/or refunded exclusively by the customer; (h) Except for fraud or gross negligence, in no event shall LOGISTIKS USA INC be required to compensate for indirect or consequential damages, nor for loss of profits; (i) LOGISTIKS USA INC may subcontract to third parties, in whole or in part, the provision of services under this agreement, without prejudice to being liable for direct damages resulting from acts of those who are served to comply with their Obligations under this agreement.
6th. Obligations of LOGISTIKS USA INC. (a) During the performance of the services, LOGISTIKS USA INC. shall adopt only the security measures which it has defined as a corporate purpose; (b) In the case of subcontracting, LOGISTIKS USA INC assumes responsibility for any nature derived therefrom. This does not free LOGISTIKS USA INC from the obligations it directly has with the customer; (c) Notwithstanding any provision to the contrary contained in any other clause and/or annex to this Agreement, the customer expressly accepts and recognizes that the liability of LOGISTIKS USA INC under this Agreement shall be subject to Following: (i) LOGISTIKS USA Inc. shall not be liable for breaches of its obligations under this Agreement and/or damages or losses of products, arising from causes not attributable to LOGISTIKS USA Inc, including fortuitous case, force majeure or Customer breaches and/or their subcontractors; (ii) LOGISTIKS USA Inc will be liable for damage to products only when they are directly caused by LOGISTIKS USA Inc or subcontractors and derive from the proven guilt, intent or negligence of LOGISTIKS USA Inc or subcontractors. In this case, the amount of liability of LOGISTIKS USA INC will be proportional to the damaged products and in accordance with the limits set forth in this clause; (iii) Except for fraud or serious guilt proven in court, LOGISTIKS USA INC shall in no event be liable for indirect, consequential, loss of profits, fines, penalties and/or extraordinary expenses to be made by the customer; In such a virtue, the customer accepts and recognizes that he may not require LOGISTIKS USA INC liability arising from the foregoing; (iv) In all the cases provided for in this agreement, the liability of LOGISTIKS USA INC, for the provision of services, damages and/or losses of the products and the fulfilment or non-fulfilment of its obligations, shall be limited as: services Related to air transport as established by the Convention for the Unification of Certain rules for international air transport "Montreal Protocol" of 1999; Other logistical services as indicated in the "FIATA rules” in Annex 1.
7th. Obligations of the client. (a) to pay LOGISTIKS USA Inc the rates previously agreed with the customer within the agreed deadline (b) to notify LOGISTIKS USA Inc in writing of any anomaly that appears in connection with the services (c) to keep LOGISTIKS USA Inc harmless from any expenditure and it must incur as a result of acts or omissions attributable to the client; Pay legal expenses as well as attorney's fees from LOGISTIKS USA INC; And, reimburse LOGISTIKS USA INC any amount that it should pay from any contingency arising from claims or claims of third parties on the ownership of the products, their patents or trademarks, the contents of the packaging or packages Sealed, or on the due importation of the products or their inputs, as well as the effects of the marketing and sale of the products, including their consumption by third parties; (d) The customer shall be liable for any damage or loss suffered by the assets of LOGISTIKS USA INC or its subcontractors, for reasons attributable to the customer.
8th. LOGISTIKS USA INC's responsibility for the products. LOGISTIKS USA INC's liability for the products, during the performance of the services, shall be subject to the provisions for such purposes in this agreement. LOGISTIKS USA INC's liability is subject to the provisions of clause seventh (7th) of this agreement. LOGISTIKS USA INC will not be liable for theft of products that set up a fortuitous case or force majeure situation.
9th. Claims. The parties agree that any claim shall be notified in writing to LOGISTIKS USA INC, within the term established on the back of the transport documents which show the respective service and/or within the international conventions that apply.
10th. Breach. In the face of breach of any obligation payable to any party under this agreement, the other Party shall notify in writing the breach, so that the unfulfilled party will correct or amend it within a period of no more than thirty (30) days from the corresponding notification date. In the absence of any remedy by any party, the other Party shall be entitled to its choice, to require the forced fulfillment of the contract or to terminate it immediately, by written notice and without the need for prior judicial resolution. In both cases, subject to the limits of this agreement, there will be a claim for the payment of damages caused by the breach.
11th. Confidentiality. Both parties undertake to limit the access of all information received from the other party to those persons who need to be aware of this in order to comply with this contract, warning the confidential nature of the information and of the reserved treatment that should be given to it. By virtue of the foregoing, confidential and confidential information received from the other party shall be kept secret and, as a result, such information shall not be used for its benefit or third parties except for the fulfilment of the obligations at its expense Under this agreement; All reasonable efforts shall also be used to prevent other persons from disclosing and delivering confidential information to persons not expressly authorized by the Parties. In any case by which the present contract is terminated, either by having been terminated by either party or in the case of termination, both parties undertake, within thirty (30) working days following the effect of the Termination in question, to return to the other party all documentation, information and/or material relating to this contract, which the other party would have provided in connection with it or which in any other way strictly correspond to the other Part or a third party related to it. These obligations will inevitably expire within five (7) years of the termination of this agreement.
12th. Industrial property. Both parties are obliged not to use in any way the industrial property rights of the other party or any abbreviation or variant thereof, or any similar distinctive sign in degree of confusion with the above. This Agreement shall in no event be construed as a license, authorisation or transfer of any industrial property right of the other party.
13. Protection of personal data. The Parties recognize that they may have access to personal data of agents, workers or legal representatives of the other party, which is why they authorize the processing of such data in accordance with current regulations and data protection policy. Personal that each of the parties has adopted according to the legislation in force, guaranteeing respect for the rights, constitutional and legal, at the head of the holders of this data.
14th. Labor responsibilities. Each of the parties to this agreement are independent companies with the capacity to comply with the legal obligations that are required against their employees, so that each of the parties is obliged to respond in an exclusive way to the obligations that are relate to such employees, staff or workers. Therefore, each Party shall remain at any time alien to any employment relationship between the other party and its respective employees or workers. In such a virtue, each Party shall be liable for any claim or demand of its respective workers on its own account and responsibility and, where appropriate, to keep the other party harmless from any labor liability that will come to Arise, as well as to repay any expenditure or expense that the other party should make for such reason.
15th. Prevention of corruption practices and LA/FT. The Parties are obliged to comply with all applicable laws and regulations in all jurisdictions in which they do business, including, but not limited to, the U.S. 1977 Foreign Corrupt Practices Act and its modifications ("FCPA"); The Parties also guarantee and accept that they will not incur crimes relating to the laundering of assets and the financing of terrorism. The Parties undertake formally to impart instructions to all their employees, agents and representatives to comply with applicable law and to refrain from: (i) offering or paying bribes to any public or private officer who may To influence the conditions of execution of this contract, either directly or indirectly, (ii) incurring offences of laundering of assets and financing of Terrorism, III) incurring child recruitment or exploitation. Any breach or violation of the provisions of this clause shall enable the Party fulfilled to terminate this contract immediately without any requirement whatsoever.
16th. Fortuitous case and force majeure. Neither party shall be liable for breach of the obligations assumed in the terms of this contract by chance or force majeure or any cause beyond its control, and in general for any other cause not attributable to any of the parties to this Contract.
17th. Transfer. The customer may not wholly or partially cede his or her position arising from this agreement unless there is prior, formal and express consent of LOGISTIKS USA INC with respect to the transfer. LOGISTIKS USA Inc. may assign its position arising from this agreement in whole or in part and in a free form, since the client hereby expressly and irrevocably authorizes the transfer of contractual position made by LOGISTIKS USA Inc, without requiring any Type of additional authorization, prior to or after the transfer by the customer, who from now accepts any transfer to be made by LOGISTIKS USA INC with respect to this agreement.
18th. Relationship of the parties. It is expressly agreed that in no way will this contract be considered or interpreted to create a company, joint venture or agency/Commission relationship between the parties for any purpose. The legal relationship between LOGISTIKS USA INC and the client is merely that of two independent parties linked by a business relationship of service delivery.
19th. Term or term of duration. The duration of this agreement is five (7) years from the date of your subscription, the same that will terminate full right to maturity without any form of formality or notification by any of the parties.
20th. Subcontracting. It is expressly established that LOGISTIKS USA INC may subcontract freely, i.e. without the authorization of the client, with third parties, in whole or in part, the provision of the services covered by this agreement.
21st. Payments and billing. (a). The customer is obliged to pay to LOGISTIKS USA INC the benefits or fees that are indicated in the annexes of this document plus the taxes that are applicable. (b) The invoices that LOGISTIKS USA INC emits for the services it provides to the customer will be paid within the time limit established in the same invoices. (c) The consideration of services shall be paid by transfer of funds available on the same day in the following bank account that LOGISTIKS USA INC. will inform the customer. (d) All invoices issued by LOGISTIKS USA INC must meet all fiscal requirements in accordance with applicable legal requirements. If the payment of the invoices is not carried out in the corresponding sequential order, it will not be understood that the payment of an invoice implies the payment of the services previously rendered. (e) All taxes, charges and tax contributions which, where appropriate, are generated on the basis of the provision of the services shall be borne by and in charge of the party which, in accordance with the current fiscal provisions, must cover them. (f) Failure to pay the consideration in time will enable LOGISTIKS USA INC to suspend the provision of the service, without any liability. If LOGISTIKS USA Inc. decides, in its sole discretion, to continue to provide customer services, this may not and should not be construed as an acceptance of the customer's default or a waiver of the Rights LOGISTIKS uses Inc. to require payment of the Compensation due, including moratorium interests. The customer may not withhold payment of the consideration from LOGISTIKS USA INC under any circumstances.
22nd. Location. Any notification and/or other communications between the parties must be given in writing at the addresses indicated by each of these. While the parties are not notified in writing of the change of their domicile, the judicial or extrajudicial notices and notifications will fully have their effect on those locations.
23th. Modification of the contract. This agreement and its annexes may only be amended by agreement in writing, signed by the parties.
24th. Divisibility. The nullity or invalidity of any of the clauses of this agreement will not affect the validity of any other. If any clause of this agreement is declared invalid or invalid by a competent court, it shall be considered as independent and divided from the rest of the provisions of the contract itself, which will continue in full force in accordance with its terms. In such a case, the parties will negotiate in good faith the inclusion of a clause that does not violate existing rules replaces the null and seeks the same results as the cancelled clause.
25th. Rights not waived. The omission or negligence of the parties at any time to exercise their rights to the fulfilment of the terms and obligations imposed by the contract, may by no means be construed as waiving the exercise of such rights and may not change or affect the terms of the contract. The Parties shall retain, in accordance with the law applicable to the particular case, at any time full right of exercise of all the actions which correspond to it without limitation.
26th. Headlines. The headings of the clauses of this contract have been inserted by simple convenience, so they will not be used for the interpretation of the contract or its obligatory content.
27th. Annexes. All the annexes of this Agreement which are duly agreed by the parties are an integral part of the contract and oblige the parties in their respective terms. In the event of a contradiction between the annexes and this contract, the contract shall prevail.
28th. Early termination. LOGISTIKS USA INC. shall have the right to terminate this agreement at any time, with the effect of a simple written notice and without any compensation whatsoever and without the need for any formality or prior requirement of No nature. The customer, for his part, shall have the right to terminate this contract if LOGISTIKS USA INC. Incurred a serious breach of its obligations that has not been rectified within a term of ninety (90) days after being formally required and expressly by the customer in that sense. If it is intended to terminate the contract for any cause, at any time, each Party shall comply with the obligations pending until the date of termination, understanding that the customer may not terminate it until it covers any debt in favor of LOGISTIKS USA INC.
29th. Legislation. For the interpretation, fulfillment and/or execution of this contract, as well as any controversy arising from it, without prejudice to having the rules FIATA as binding and of obligatory fulfillment, the parties undergo the civil and commercial legislation of the United States of America.
30th. Total agreement. The parties expressly express the agreement of this Agreement, a document in respect of which the Parties hereby declare themselves to peace and save for the fulfilment of all the obligations contained therein.
Annex. FIATA Regulations.
Part I, General provisions
1.1. These regulations apply when they are incorporated, regardless of how it is done, in writing, orally or otherwise, to a contract by reference to FIATA's regulations for freight forwarding services. 1.2. Whenever such reference is made, the parties agree that these regulations will supersede any additional terms of the contract that conflict with the above regulations, except to the extent that they increase the liability or obligations of the shipper.
2.1. Freight forwarding services means services of any kind related to the transport, consolidation, storage, handling, packaging or distribution of goods, as well as ancillary and advisory services related to the same, including, but not limited to, customs and Tax Matters, declaration of goods for official purposes, obtaining insurance for the goods and collection or obtaining payments or documents related to the aforementioned goods.
2.2. Shipper means the person who carries out a freight forwarding service contract with a customer.
2.3. Carrier means any person who carries out, in fact, the transport of the goods with his own means of transport (carrier carrying out the transport) and any person subject to the liability of the carrier as a result of an Express or implied commitment to assume such liability (contracting carrier).
2.4. Customer means any person who has rights or obligations under the freight forwarding services contract carried out with a shipper of freight or as a result of his activity in relation to such services.
2.5. Goods means any property, including live animals, as well as containers, pallets or similar items of transport or packaging not supplied by the shipper of freight.
2.6. SDR means special drawing right, as defined by the International Monetary Fund.
2.7. Compulsory law means any mandatory law whose provisions are to be respected, without any deviation in relation to it being possible by contractual stipulations to the detriment of the client.
2.8. The term in writing includes telegram, telex, fax or any other recording made through electronic media.
2.9. Valuables means gold or silver in ingots, coins, money, negotiable instruments, precious stones, jewels, antiques, paintings, works of art and similar properties.
2.10. Hazardous goods mean goods which are officially classified as dangerous, as well as goods which are or may be dangerous, flammable, harmful from a radioactive or harmful nature.
The shipper of freight shall not make any type of insurance, except in the event that they measure express instructions given in writing by the customer. All insurances made are subject to the exceptions and normal conditions of the insurance company's policies or subscribers who assume the risk. Unless otherwise agreed in writing, the shipper shall have no obligation to make a separate insurance in respect of each consignment parcel shipment, although it may declare it in an open or normal policy maintained by the shipper of freight.
If, at any time, the fulfillment of the shipper's obligations is affected, or is likely to be affected, by any impediment or risk of any kind (including the state of the goods), not derived from any kind of guilt or Shipper's negligence and which cannot be avoided by exercising a reasonable effort, the shipper may waive the carriage of the goods under the respective contract and, where possible, put the goods, or a Part thereof, at the disposition of the customer at the place the shipper of freighters considers safe and convenient, after which it will be deemed that the delivery has been made and the liability of the shipper of freighters in relation to such goods shall cease. The shipper of freight shall, in any case, be entitled to the remuneration agreed under the contract and the customer will pay any additional costs resulting from the circumstances described above.
5. Method and route of transport
The freight forwarder shall carry out its services in accordance with the instructions of the customer, as agreed. If the instructions are inaccurate or incomplete or are not in accordance with the contract, the shipper may act as deemed appropriate and the customer shall face the risk and the costs arising.
Unless otherwise agreed, the shipper may arrange to transport the goods on deck or under cover and select or change the means, routes and procedures to be followed in the handling, storage and transport of the goods.
6. Shipper's liability (except as PRINCIPAL)
6.1. Responsibility Bases
6.1.1 The duty to care for shipper of freight. The freight forwarder is responsible in the event that it does not exercise due diligence and does not take reasonable measures with respect to the execution of the freight forwarder's services, in which case it will compensate, subject to the provisions of article 8, to the customer by The loss or damage suffered by the property, as well as the direct financial loss resulting from the failure to comply with its duty of care.
6.1.2. No liability for third parties. The shipper is not responsible for the actions or omissions of third parties, including by way of example, but not limited to, carriers, Warehousemen, stevedores, port authorities and other shippers of freight, unless ceased to exercise due diligence when selecting, providing instructions and supervising those third parties.
7. Shipper's liability as PRINCIPAL
7.1. Shipper's liability as carrier. The freight forwarder is subject to liability as principal not only when it executes, in fact, the transport by its own means of transport (carrier that carries out the transport), but also when it carries out, by issuing its own transport document or otherwise, an express or implied commitment to assume the responsibility of the carrier (contracting carrier). However, the shipper shall not be held liable as a carrier if the customer has received a transport document issued by a person other than the shipper of freight and does not maintain, within a reasonable period of time, that the Shipper of freight is, however, responsible in the capacity of carrier.
7.2. Liability of shipper of freight as principal for other services. In regard to services other than the transport of goods, including, but not limited to, handling, packaging or distribution of goods, as well as ancillary services related thereto, the shipper of freight shall be responsible as Principal:
1. When such services have been executed by it using its own facilities or employees, or
2. If you have made an express or implied commitment to assume responsibility as your principal.
7.3. Basis of the liability of the shipper as principal. The shipper, acting as principal, shall be, in accordance with the provisions of article 8, responsible for the actions and omissions of third parties which he has contracted for the fulfillment of the contract of carriage or other services in the same manner as It would be if such actions or omissions were their own, and their rights and obligations shall be subject to the provisions of the legislation applicable to the mode of transport or service in question, as well as to the additional conditions expressly agreed upon or, in no express agreement, normal conditions of such services or mode of transport.
8. Exclusions, determination of damages and monetary limits of liability
8.1. Exclusions. The shipper of freight shall in no case be responsible for:
1. Valuables or dangerous goods, unless they are declared to that shipper of freight at the time of the termination of the contract.
2. Delay loss, unless expressly agreed in writing.
3. Indirect or consecutive losses, including, but not limited to, loss of profit or loss of market.
8.2. Valuation of compensation. The value of the goods shall be determined in accordance with the current price of the contracting market or, in the event of no such price, in accordance with the current market price or, in the event that there is no price of the contracting market or current price of markets Or, by reference to the normal value of goods of the same type and quality.
8.3 Monetary limits
8.3.1. Loss or damage suffered by the property. However, the provisions of article 7.3, the shipper shall not be or will be liable for any loss or damage suffered by the goods for an amount exceeding the equivalent of 2 SDR per kilogram of gross weight of the lost or damaged goods, unless a larger amount of another person is recovered in relation to which the freight forwarder is responsible. If the goods have not been delivered within ninety consecutive days, the claimant may, as long as there is no evidence to the contrary, treat the goods as lost.
8.3.2. Limitation of liability for delay. If the shipper is responsible for the losses arising from delay, such liability shall be limited to a sum not exceeding the remuneration for the services which have prompted the delay.
8.3.3. Another kind of loss. Notwithstanding the provisions of article 7.3, the liability of the shipper for any type of loss not mentioned in the subparagraphs 8.3.1. and 8.3.2. It shall not exceed the total amount of 10,000 SDR for each incident, unless a higher amount of a person is received in relation to which the freight forwarder is responsible.
9.1. Unless the person entitled to receive the goods when they are delivered to him, provides the shipper with a written notice of the damages or losses suffered by the goods, specifying the general nature of such damages or losses, such delivery shall constitute prima facie evidence of the delivery of goods in good order and state. In cases where such damages or losses are not manifest, the same prima facIe effect shall apply if no written notice is provided within 6 consecutive days of the date on which the goods have been delivered to the person who has an der Echo to receive them.
9.2. With respect to all other damages or losses, any claim made by the customer against the shipper of freight arising from any service provided to the customer or that the shipper of freight is committed to lend shall be in writing and notify the shipper forwarding within 14 days of the date on which the customer has knowledge or should have been aware of any alleged events or occurrences that have caused such claim. In cases where claims are not made and notified as stated above, they are deemed to be waived and are absolutely prohibited except in those circumstances where the client can prove that he has It is impossible to meet this time limit and has made the claim as soon as it has been reasonably possible to do so.
10. Time impairments.
Unless expressly agreed otherwise, the freight forwarder shall be exempted from all liability under these Regulations, except in the event that a claim is filed within 9 months from the date of shipment or the date on which the goods were to be delivered, or the date on which the non-delivery of the goods grants the consignee the right to treat the goods as lost. In regard to other losses or damages suffered by the goods, the 9-month period should be counted from the time when the shipper's failure to comply with the claim has been caused.
11. Applicability of actions for legal damages.
These regulations apply to all claims made against the shipper of freight, regardless of whether the claim is found or not based on the contract.
12. Responsibility of employees and other persons.
These regulations apply whenever any claim is made against an employee, agent or other person contracted by the freight forwarder for the execution of the service (including any independent contractor), whether or not such claims are based on contract or legal damages, and total liability of shipper and such employees, agents or other persons shall not exceed the limit applicable to the service in question, as expressly agreed to shipper of freighters and the customer or in accordance with these regulations.
Customer’s responsibility and obligations
13. Unforeseen circumstances.
In the event that the shipper of freighters acts, in case of unforeseen circumstances, in defense of the interests of the client, the client will have to face the costs and additional charges.
14. Absence of compensation.
All money owed will be paid without any deduction or postponement on account of any claim, counterclaim or compensation.
15. General retention right.
The shipper shall, to the extent permitted by applicable law, have a general retention right over the goods and all documents related thereto for any amount due at any time by the customer to the consignor of freight charges, including storage fees and the cost of recovering these, and may require compliance with such withholding right in a reasonable manner that is deemed appropriate.
16. Information. The customer shall be deemed to have guaranteed to the shipper of freight, at the time the shipper has taken over the goods, the accuracy of the particular details relating to the general nature of the goods, their characteristics, number, weight, volume and quantity and, if applicable, to the dangerous nature of the goods, as provided by the same or on its behalf.
17. Duty of indemnification
17.1. General duty of indemnification. Except to the extent that the shipper is responsible in accordance with the provisions of part II, the customer shall indemnify the shipper for all liabilities incurred during the delivery of the delivery services of freight.
17.2. Duty of indemnification with respect to gross breakdown. The customer shall indemnify the shipper from the freight forwarder with respect to any claim that they have the nature of a gross breakdown and which can be made against it and will provide the guarantee that the shipper of freighters requires in this regard.
18. Customer liability. The customer shall be liable against the shipper of all types of losses, damages, costs, expenses and official charges derived from inaccurate or incomplete information or instructions or the delivery by the customer or any person acting on his behalf to the Shipper or to any other person in relation to which the shipper can become responsible, of goods that have caused death or personal damages, damages to the property, damages to the environment or any other type of loss.
Disputes and Compulsory Law
19. Jurisdiction and applicable law. Unless otherwise agreed, actions against the shipper may only be made at the place where the shipper has its registered office and shall be decided in accordance with the legislation of the country in which the registered office is located.
20. Compulsory law. These Regulations shall only be effective in so far as they are not contrary to mandatory provisions of international conventions or national legislation applicable to freight forwarding services.
The parties declare to understand and accept each and every one of the clauses that make up this annex to the contract, after having read the terms and conditions, agreeing this time the acceptance of this annex to the contract.
Transportation of goods is protected by the air waybill (AWB) contract. This contract is based on the Warsaw/Montreal Conventions that specify the liability limits. Airlines do not accept claims that are caused by force majeure, such as technical failures, cancellation or delay of the flight due to weather conditions, kidnapping, airport closure, etc. It also states 4 calendar days to receive the claim notifiaction with the previous documents, if not, it cannot be processed.
Airlines do not accept any responsibility for perishables that are delivered at warehouses above 7ºC. If the farms deliver them with higher temperatures, they do at your own risk. Consequently, claims will not be accepted.
Once the claim is filed with the airline, it takes between 90 and 120 days (minimum) to receive a first answer. Our job is to push for an earlier answer, but it is important to take into account the internal study process that a claim requires.
Claimed values cannot be discount from your statement. Once airlines accept the them, the value will be credited into your account. Otherwise, claims cannot be processed.
SMS TERMS AND CONDITIONS
Please read these terms and conditions carefully. By checking the box to sign up, you expressly consent to receive informational SMS text messages from Logistiks USA Inc (“Company”) to the telephone number(s) that you provide. You may opt-out of these communications at any time.
Company SMS text messages are intended to provide you with information about upcoming shipments and payment information (e.g., dates and times for boxes ready to pick up, successful payments, declined payments, payments in process).
The number of Company text messages that you receive will vary depending on how many shipments you have each day.
Message and data rates may apply to each text message sent or received in connection with Company text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Company does not impose a separate fee for sending Company text messages.
Supported carriers may change from time to time, but currently include AT&T, T-Mobile, Verizon Wireless, US cellular.
How to Opt-In
To opt-in to receive text messages, you agree by clicking on the checkbox upon signing up for your account with Company.
How to Opt-Out
To stop receiving text messages, reply STOP. Another option, you may withdraw your consent to receive SMS Notifications by calling us at (323) 285-3510 or send an email at [email protected] requesting we turn off notifications. You will then receive confirmation of your opt-out of the text messaging program.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying Company immediately if you change your mobile telephone number. You may notify Company of a number change by phone at 323-285-3510 or email [email protected].
Access or Delivery to Mobile Network is Not Guaranteed
Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Company’s control, and Company is not responsible or liable for issues arising from them.
To request more information, reply HELP, or contact us at (323) 285-3510 or send an email at [email protected].
Changes to Terms and Conditions
Company may revise, modify, or amend these SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to Company’s website. You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Company text messages will indicate your acceptance of those changes.
Termination of Text Messaging
Company may suspend or terminate your receipt of Company text messages if Company believes you are in breach of these SMS Terms and Conditions. Your receipt of Company text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Company reserves the right to modify or discontinue, temporarily or permanently, all or any part of Company text messages, with or without notice.
If you have questions regarding these SMS Terms and Conditions, please reach out to us by phone at 323-285-3510 or email [email protected].