The customer accepts the terms and conditions of this contract for the provision of export or courier services by Excolbi sas
TERMS AND CONDITIONS OF CONTRACT (“Terms and Conditions”)
IMPORTANT NOTICE
By contracting the services of EXCOLBI SAS, you, as “Contractor”, agree that on behalf of the company contracted to export your goods, without prejudice to the contracting company excolbi, since I certify that the goods are the contractor’s own and under the full responsibility of the contracting party certifies that all the content of said cargo, does not contain anything illegal, nor controlled by law, the product has been packed and guarded by contractor and subsequently delivered to the contractor (excolbi) for the shipment to be made, that the Terms and Conditions will apply from the moment excolbi accepts the shipment, unless otherwise agreed in writing signed by an authorized employee of EXCOLBI SAS.
“Shipment” means all documents or packages that travel covered by a Waybill and that can be transported by the means that EXCOLBI SAS chooses, whether it is any courier operator DHL, FEDEX, COPA COURRIER, CACESA, among others or failing cargo airlines, including air transport, by road or through any other carrier. These Terms and Conditions will apply to any label produced by the automated or manual systems of the courier companies or manual or electronic cargo cut guides, air bill of lading or consignment note that will be considered a Waybill for all purposes. Each Shipment is carried pursuant to a limited liability in accordance with this Agreement. If the Sender requires greater protection, it can arrange insurance for an additional fee.
1 Customs, Exports and Imports
EXCOLBI may carry out any of the following activities on behalf of the Sender for the purpose of providing its services: (1) complete any documents, modify product or service codes and pay any duties or taxes required by applicable laws and regulations, (2) act as the Shipper’s freight forwarder for customs and export control purposes and as a Consignee solely for the purpose of designating the customs broker for process customs clearance and entry, and (3) forward the Shipment to the Recipient’s import agent or other address at the request of any person EXCOLBI believes authorized in its reasonable judgment.
2 Unacceptable shipments
The Sender agrees that its Shipment is acceptable for carriage and is considered unacceptable if:
- It is classified as a toxic substance, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), ADR (European Road Transport Regulation on dangerous goods), or by any government body or other relevant organisation;
- No customs declaration is made when required by any applicable customs regulations.
- Contains counterfeit articles, animals, gold or silver bars, money, stamps, negotiable bearer instruments, precious metals or stones, real or imitation firearms and parts thereof, weapons, explosives and ammunition; Human remains, pornography or narcotics/illegal drugsContains any other item that excolbi or the courier or cargo companies decide cannot be transported safely or legally, or
- Its packaging is defective or inadequate.
3 Deliveries and Impossibilities of delivery
Submissions cannot be sent to P.O. Boxes or zip codes. Shipments are delivered to the Recipient’s address provided by the Sender (which in the case of postal services, will be considered the first receiving postal service), although not necessarily to the personally named Recipient. Shipments to addresses that have a central reception area will be delivered to that area. If the Recipient refuses to accept or pay for the delivery, or if the Shipment is deemed unacceptable, or has been undervalued for customs purposes, or if the Recipient cannot be identified or located, excolbi or the courier or cargo companies will use reasonable efforts to return the Shipment to the Sender on the Sender’s behalf and, if this is not possible, the Shipment may be abandoned, destroyed, disposed of or sold by excolbi or the courier or cargo companies without incurring any liability to the Sender or any other person, the proceeds being applied against the service charges and related administrative costs and returning the rest of the profits generated in the sale to the Sender.
The client will accept the charge that is generated by said items call shipper or consignee of the cargo will accept to pay said charges without any objection, that facure the operator
4 Inspection
EXCOLBI AND THE COURIER OR CARGO COMPANIES reserves the right to open and inspect a Shipment without prior notification to the Sender.
5 Shipping Price
The price of Excolbi Shipping or courier or cargo companies is calculated based on the actual or volumetric weight, the higher being applied. Any Shipment may be weighed and measured again by excolbi to confirm this calculation. The Sender shall pay or reimburse excolbi all shipping charges, storage charges, duties and taxes due for services provided by excolbi and other related charges or expenses incurred by excolbi or the courier companies on behalf of the Sender, the Recipient or any third party and all expenses for claims, damages, fines and other items incurred if the Shipment is deemed unacceptable for carriage as described in Article 2.
6 Liability of Excolbi
Excolbi’s liability is limited to freight and Excolbi will hold the courier companies liable which is strictly limited to direct loss and damage and to the per kilo/lb limits specified in this Section 6. All other types of loss or damage (such as, but not limited to, loss of profits, loss of interest and loss of future business) are excluded, regardless of whether such loss or damage is indirect or of special consideration, or even if the courier companies have been advised of the risk of such loss or damage before or after acceptance of the Shipment. If a Shipment combines air, ground or any other mode of transportation, it shall be presumed that any loss or damage was caused during the air leg of such transportation. The liability of the courier companies with respect to any Shipment transported without prejudice to the provisions of Sections 7 to 11, is limited to the actual monetary value and may not be to the policy of the provider of the service provided, or the policy taken by the customer will be affected, Claims will be limited to one per Shipment and its settlement will be considered final for all losses and damages caused in connection with the same. If the Sender considers that these limits are insufficient, he must make a declaration of special value and request excolbi, and likewise excolbi will request it from the courier or cargo operating companies an insurance in accordance with what is described in Article 8 (Shipping Insurance) or contract it by its own means, failing which the Sender assumes all risks of loss or damage.
7 Deadline for Claims
All claims must be submitted in writing to excolbi and received by excolbi within thirty (15) days from the date excolbi or the courier or cargo companies accepted the Shipment, failing which excolbi or the courier or cargo companies shall be released from all liability.
8 Shipping Insurance1
EXCOLBI can arrange, at the request of the interested party or policyholder of the courier service, so that insurance can be taken through the courier or cargo companies for the Sender that covers the real monetary value in case of loss or physical damage of the Shipment, provided that the Sender completes the box designated for this purpose on the front of the consignment note or requests it through the automated systems of Courier companies and pay the applicable premium. The Shipment’s insurance does not cover indirect damage or loss or loss or damage caused by delays.
9 Delayed Shipments and Money Back Guarantee
EXCOLBI will make every reasonable effort to deliver the Shipment according to the normal transit times of courier companies, but such transit times are not guaranteed and do not form part of the contract. Excolbi as operator of these courier companies is subject to the operation of the same, is not responsible in any way for losses or damages caused by delays.
Certain services have a money back guarantee that will provide a credit or refund of all or part of the transportation costs for delays in some cases. The Terms and Conditions of the Money Back Guarantee are available on the website of each of the courier operators or through the Customer Service of these companies.
10 Circumstances beyond the control of excolbi or courier companies
EXCOLBI nor the aforementioned courier or cargo companies is not responsible for any losses or damages arising from circumstances beyond its control These circumstances include but are not limited to: electrical or magnetic damage or erasure of electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if these are known to the freight or courier companies; any act or omission by persons not employed or contracted by excolbi or courier or cargo companies – e.g. Sender, Consignee, third parties, customs or other government representatives; “Force Majeure” – e.g. earthquakes, hurricanes, storms, floods, fog, wars, plane crashes, aircraft blockades, strikes or civil commotion, trade union actions.
11 International Conventions
If the Shipment is transported by air and involves a final destination or stops in countries other than the country of origin, the Montreal Convention, or the Warsaw Convention, are applicable. For international carriage by road, the Convention on the Contract for the International Carriage of Goods by Road (CMR) may be applicable. These Agreements limit the liability of excolbi or the companies that provide us with the courier or cargo operation service for loss or damage.
12 Shipper’s Warranties and Indemnification
The Sender shall indemnify and hold harmless excolbi or the courier or cargo companies from any damage or loss arising from the Sender’s failure to comply with any applicable laws or regulations and the Sender’s breach of any of the following representations and warranties:
- All information provided by the Sender or its representatives is complete and accurate;
- The Shipment was prepared in secure facilities by employees of the Sender;
- The Sender employed reliable personnel for the preparation of the shipment;
- The Sender has protected the shipment from unauthorized interference during its preparation, storage and transfer of the same to excolbi, and authorizes it to transfer to the courier or cargo companies;
- The Shipment is properly identified and with the correct destination addresses and correctly packaged to ensure its safe transport with ordinary care in its handling;
- All applicable customs, import, export and other laws and regulations have been complied with; and
- The consignment note has been signed by the Sender or an authorized representative and the
Terms and Conditions constitute binding and enforceable obligations of the Sender.
13 Route
The Sender agrees that the Shipment may be transported by any route and may be diverted, including the possibility of stopping at intermediate stopovers.
14 Applicable Law
Any dispute arising out of or relating to these Terms and Conditions shall be subject to the jurisdiction of the Courts of the country of origin of the Submission and shall also be governed by the laws of that country. The sender irrevocably submits to such jurisdiction, unless otherwise indicated by applicable law. However, if the applicable law allows the choice of jurisdiction or jurisdiction, this will be for the benefit of excolbi or the courier companies that alize the courier operation.
15 Nullity and ineffectiveness
If any of the clauses or part thereof are null or ineffective, the rest of the Terms and Conditions not affected by the nullity or ineffectiveness will remain in force.
