GENERAL CONDITIONS

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All services invoiced by Compañía Transitaria Mexicana S.A. de C.V. (hereinafter referred to as COTRAMEX) shall be governed by the conditions established in these terms and conditions.

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The conditions are accepted in their entirety by the Client at the moment the Client confirms the service order. These conditions shall also apply to any order transmitted verbally or in writing, whether by fax, WhatsApp, email or any other communication system, even when no reference is made to the general conditions.

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Schedules and transit times are subject to change without prior notice.

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In general, any booking request for the services offered by COTRAMEX must be received 48 hours in advance in order to guarantee the coordination of the service.

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TRANSPORT DOCUMENTATION

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The contracted transport shall be covered by a Bill of Lading (B/L), AWB or Waybill, as applicable, in accordance with the applicable international rules and agreements.

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In FCL/FCL shipments, the Client shall be responsible for loading, weighing, measuring, closing the container and securing the cargo.

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MERCHANDISE DESCRIPTION AND PACKAGING

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The accuracy of the declaration of the goods must be guaranteed to COTRAMEX with respect to the characteristics, description, weight, volume, marks, numbers, quantity, IMO classification and the timely and correct delivery of the corresponding DGD.

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Likewise, the Client shall be responsible for the proper packaging of the goods, being responsible if such packaging is inadequate or improperly placed.

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The Client is obliged to inform COTRAMEX at the time of the service request whether the cargo requires any dangerous goods handling, as well as the necessary precautions. In case of omission or insufficient information, the Client shall be responsible for any damage caused to the goods and COTRAMEX shall have the right to invoice any cost for damage, for goods destroyed, neutralized or discharged due to failure to comply with the proper reporting of dangerous goods.

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All dangerous goods, goods for human consumption or of animal or vegetable origin are subject to prior authorization of the shipping line and shall always have additional surcharges. Likewise, their shipment shall be subject to the authorization of the corresponding local authorities.

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LEGAL LIABILITY

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COTRAMEX shall organize the transport, loading and storage according to each case at its discretion in order to provide a better service, unless the Client specifically indicates otherwise.

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LIMITATION OF LIABILITY

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COTRAMEX shall only be responsible if the selection and instruction of subcontracted agents such as carriers, warehouse operators, customs brokers, etc., was made by COTRAMEX, but shall be exempt from all responsibility if the selection of any of these services was made following the instructions of the Client/shipper or any party with interest in the cargo, as well as when the cargo instructions are transmitted to a subcontracted agent in accordance with the transport order received from the shipper.

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Under no circumstance shall the responsibility of COTRAMEX be greater than that assumed towards it by those to whom the execution of the services requested by the Client was entrusted.

requested by the client.
 

EXEMPTION FROM LIABILITY

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OTRAMEX shall not be responsible with respect to any loss, damage or expense such as loss of profits, loss of clients, fines, claims for losses due to depreciation clauses or penalties, consequential damages, fluctuations in exchange taxes, increases in taxes by Authorities, claims due to increases in prices or quotations of lost or damaged goods or any charge for any reason or similarity that may be the cause.

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COTRAMEX shall be exempt from any responsibility when any of the following occurs during the handling of the goods:

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• Negligence of the Client or its authorized representative

• Defects in marking, labeling or packaging, as well as the absence of one or more of these, provided that COTRAMEX has not been requested to pack, mark or label the goods. COTRAMEX shall also not be responsible when due to the type of packaging the content cannot be verified.

• War, revolution, insurrection or usurpation of power, confiscation, nationalization, requisition or similar acts carried out under orders of the government or local authorities.

• Strike, lockout or other labor conflicts affecting the work.

• Natural disasters and force majeure events.

• Theft.

• Circumstances that COTRAMEX has not been able to prevent or whose circumstances could not have been foreseen.

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COTRAMEX shall not be responsible if the goods are transported by the Client or its representative.

COTRAMEX shall not be responsible for circumstances arising from loading and unloading operations that have not been carried out or organized by COTRAMEX.

COTRAMEX shall not be responsible for the contents and/or shortages in containers and/or packages, since what it receives are closed receptacles that “said to contain…” (STC).

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CARGO INSURANCE

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COTRAMEX does not insure loss or damage during transport, storage or handling of the goods unless the Client has specifically requested the insurance service in writing, in which case the Client must pay the value of the policy.

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This insurance shall be issued in the name of the Client if the Client is registered on the website of the insurer chosen by COTRAMEX; otherwise, the policy shall be issued in the name of the latter unless the Client specifically requests the policy in its own name.

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COTRAMEX shall not assume any responsibility in the possible event of a dispute or claim between the Client/shipper and the contracted insurer as a result of any damage to the goods.

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PRICES OF THE CONTRACTED SERVICES

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Transport, customs clearance and other services offered by COTRAMEX shall be considered contracted once the effective rates have been accepted by the Client.

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Additional costs generated as a consequence of events or circumstances subsequent to the date of the contract or to the date of issuance of the documents shall be borne by the Client provided that they are duly justified and not due to fault or negligence of any of those involved in the offered and contracted services.

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The quotation prepared by COTRAMEX covers the items requested at the time of its preparation. Any additional service shall be quoted when required or known.

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Customs clearance fees include up to 10 tariff fractions. Additional fractions shall have a cost of 50.00 MN per additional fraction.

Internal inland service is free of loading and unloading operations and applies to all services offered by COTRAMEX.

For inland services, there are 12 hours available for loading at plant; after that time, demurrage charges shall apply.

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The costs presented by COTRAMEX in no case include corrections, fines, storage, etc., derived from the failure to send correct documents in due time and form or from instructions that are not clear.

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The services provided by COTRAMEX must be paid within the times and conditions stipulated by COTRAMEX unless otherwise agreed.

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CLAIMS FOR DAMAGE TO THE GOODS

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Upon delivery of the stored or transported goods, the receiver must verify the condition in which the containers and/or packages are delivered, as well as the quantity, identification and weight.

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If it appears that the goods have any damage or defect or there is a shortage in the quantity of containers or packages, the receiver must record in writing and/or document the detected defect or loss at the time of delivery.

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EXPIRATION

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The maximum period to file a claim against COTRAMEX or any of its employees shall be one year from the date of delivery of the goods, or in case of total loss, from the date on which the goods should theoretically have been delivered.

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The deadline to complete the different transport operations shall be in accordance with the periods indicated in the Bill of Lading or in the applicable national regulations and international agreements governing the different modes of transport; such period shall be that established according to the corresponding documents or agreements.

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LIMITATION OF LIABILITY OF THIRD PARTIES

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COTRAMEX is authorized to select and contract carriers, warehouse operators, customs brokers and any other agent necessary for the transport, storage, handling and delivery of goods, who shall be considered independent from COTRAMEX.

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The goods shall be entrusted to such agents and shall be subject to the conditions as well as to the limitations of liability for loss, damage, extra expenses or delay in delivery, in accordance with applicable laws, regulations, stipulations and conditions, whether written, printed or stamped, and appearing on the B/L, receipts or waybills issued by any of the aforementioned parties, always governed by the applicable international rules and laws.

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LIEN

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Regardless of any reason, COTRAMEX shall have the right, both generally and individually, not to release or deliver goods of Clients who have not paid the amount due for the services rendered.

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In the event that the goods over which the lien is to be exercised are damaged or lost, COTRAMEX shall have rights over the compensation granted by insurers or companies responsible for the custody and transport of the goods.

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APPLICABLE LAW AND JURISDICTION

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All agreements shall be governed and interpreted in accordance with Mexican law.

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Any disputes that may arise from the organization of transport (such as claims for damage or loss of goods, delays, etc.) shall be subject to the law and jurisdiction stated on the reverse of the B/L issued by the transport companies contracted by COTRAMEX.

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Notwithstanding the above, and in cases not previously provided for, any dispute or action against COTRAMEX or its employees shall be subject to Mexican jurisdiction.

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SEVERABILITY

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The general terms and conditions of the contract are independent from each other and if any part of these conditions is declared invalid or null, it shall not affect the validity or enforceability of any of the other parts.

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LCL (LESS THAN CONTAINER LOAD)

RATES

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Rates are CFS port of origin to CFS port of destination and include all shipment surcharges (BAF, GRI, etc.).

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The applicable rate is per W/M based on the equivalence of 1 ton = 1 m³.

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Rates apply up to a maximum of 2,000 kilograms. Any overweight shall have an additional charge.

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A minimum charge applies; if the applicable rate is below this amount, the minimum shall apply.

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The rate does not include inspection, fumigation, demurrage, origin or destination duties, local transportation or transportation outside the port.

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The rate applies for each type of cargo, except for cargo classified as dangerous or IMO, which shall be subject to a surcharge.

Destination local charges are not included in the rate.

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In the pick-up service, it is the supplier’s responsibility to load the goods onto the provided unit.

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GENERAL

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The shipper is responsible for packaging and it must be strong enough to withstand maritime transport as consolidated cargo.

LCL cargo must be stackable.

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Non-stackable/over-stow cargo shall have a charge of USD 30.00 W/M³ and its acceptance shall be subject to stowage conditions.

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Cargo whose packaging does not allow over-stow shall not exceed 1.10 meters in height.

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Maximum cargo dimensions must not exceed:

• LENGTH: 5.8 METERS

• WIDTH: 2.20 METERS

• HEIGHT: 2.20 METERS

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Any over-dimension shall have a surcharge as applicable.

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IMO cargo must be notified in advance to consult with the shipping line regarding acceptance, and the corresponding documents must be provided at least three days prior to the documentation cut-off date.

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If a correction to the B/L is requested after the amendment deadline, an additional charge of USD 300.00 shall apply and, where applicable, penalties at destination.

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Cargo shall not be considered for consolidation if the required documentation is not available no later than the documentation cut-off date.

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If the cargo in warehouse awaiting consolidation is not properly labeled (shipper, consignee and number of packages), it shall be labeled by COTRAMEX personnel in order not to delay logistics, applying a surcharge per package according to the rate in force at the time of shipment.