Terminos y condiciones

General Business Terms and Conditions

 

All freight forwarding/shipping services provided by Global Transport Link, S.A. de C.V. (hereinafter “GTL”)to the “Customer”, whether the Customer is a manufacturer, distributor, exporter, importer, sender, consignor, consignee, transferor, or transferee of the shipment, will be subject to the terms and conditions set forth herein.

 

1. Third Party Services. Unless GTL carries, stores or otherwise physically handles the shipment, and loss, damage, expense or delay occurs during such activity, GTL assumes no liability as a carrier and is not to be held responsible for any loss, damage, expense or delay to the goods to be forwarded or imported except as provided in paragraph 6 and subject to the limitations of paragraph 7 below, but undertakes only to use reasonable care in the selection of carriers, truckmen, lightermen, forwarders, customs brokers, agents, warehousemen and others to whom it may entrust the goods for transportation, cartage, handling and/or delivery and/or storage or otherwise. When GTL carries, stores or otherwise physically handles the shipment, it does so subject to the limitations of paragraph 6 below, unless a separate bill of lading, air waybill, or other contract of carriage is issued by GTL, in which events the terms thereof shall govern.

 

2. Liability for Acts or Omissions of Third Parties. GTL is authorized to select and engage carriers, truckmen, lightermen, forwarders, customs brokers, agents, warehousemen and others, as required, to transport, store, deal with and deliver the goods, all of whom shall be considered the agents of the Customer, and the goods may be entrusted to such agencies subject to all conditions as to limitations of liability for loss, damage, expense or delay and to all rules, regulations, requirements and conditions, whether printed, written or stamped, appearing in bills of lading, receipts or tariffs issued by such carriers, truckmen, lightermen, forwarders, customs brokers, agents, warehousemen, and others. GTL shall under no circumstances be liable for any loss, damage, expense or delay to the goods for any reason whatsoever when said goods are in the custody, possession or control of third parties selected by GTL to forward, enter, clear, transport or render other services with respect to such goods.

 

3. Choosing Routes or Agents. Unless express instructions in writing are received from the Customer, GTL has complete freedom in choosing the means, route and procedure to be followed in the handling, transportation and delivery of the goods. Advice by GTL to the Customer that a particular person or firm has been selected to render services with respect to the goods shall not be construed to mean that GTL warrants or represents that such person or firm will render such service. All terms of delivery shall be based upon INCOTERMS 2000 unless otherwise specifically noted or implied through the use of a term not defined in INCOTERMS 2000.

 

4. Declaring Higher Valuation. Inasmuch as truckers, carriers, warehousemen and others to whom the goods are entrusted usually limit their liability for loss or damage unless a higher value is declared and a charged based on such higher value is agreed to by said trucker, etc., GTL must receive specific written instructions from the Customer to pay such higher charge based on valuation and the truckers, etc., must accept such higher declared value; otherwise the valuation placed by the Customer on the goods shall be considered solely for export or customs purposes and the goods will be delivered to the truckers etc., subject to the limit of liability set forth herein in paragraphs 6-7 below with respect to any claim against GTL and subject to the provisions of paragraph 2 above.

 

5. Unless specifically agreed in writing, GTL assumes no responsibility to effect insurance on any export or import shipment which it does not handle.

 

6. Limitation of Liability for Loss, etc. (a) The Customer agrees that GTL shall only be liable for any loss, damage expense or delay to the goods resulting from the negligence or other fault of GTL; such liability shall be limited to an amount equal to the lesser of fifty ($50) dollars per entry or shipment or the fee(s) charged for the services, provided that, in the case of partial loss, such amount will be adjusted pro rata;

(b) Where GTL issues its own bill of lading and receives freight charges as its compensation, Customer has the option of paying a special compensation and increasing the limit of GTL's liability up to the shipment’s actual value; however, such option must be exercised by written agreement, entered into prior to any covered transaction(s), setting forth the limit of GTL's liability and the compensation received;

(c) In instances other than in (b) above, unless the Customer makes specific written arrangements with GTL to pay special compensation and declare a higher value and GTL agrees in writing, liability is limited to the amount set forth in (a) above;

(d) Customer agrees that GTL shall, in no event, be liable for consequential, punitive, statutory or special damages in excess of the monetary limit provided for above.

 

7. Presenting Claims. GTL shall not be liable under paragraph 6, or otherwise, for any claims not presented to it in writing within three (3) days of either the date of loss or incident giving rise to the claim; no suit to recover for any claim or demand hereunder shall be maintained against GTL unless instituted within six (6) months after the presentation of the said claim or such longer period provided for under statute(s) of the State having jurisdiction of the matter.

 

8. Advancing Money. GTL shall not be obligated to incur any expense, guarantee any payment or advance any money in connection with the importing, forwarding, transporting, insuring, storing or coopering of the goods, unless the same is previously provided to GTL by the Customer on demand. GTL shall be under no obligation to advance freight charges, customs duties or taxes on any shipment, nor shall any advance by GTL be construed as a waiver of the provisions hereof.

 

9. Indemnification for Freight & Duties. In the event that a carrier, other person or any governmental agency makes a claim or institutes legal action against GTL for ocean or other freight, duties, fines, penalties, liquidated damages or other money due arising from a shipment of goods of the Customer, the Customer agrees to indemnify and hold harmless GTL for any amount GTL may be required to pay such carrier, other person or governmental agency together with reasonable expenses, including attorney fees, incurred by GTL in connection with defending such claim or legal action and obtaining reimbursement from the Customer. The confiscation or detention of the goods by any governmental authority shall not effect or diminish the liability of the Customer to GTL to pay all charges or other money due promptly on demand.

 

10. C.O.D. Shipments. Goods received with Customer’s or other person’s instructions to “Collect on Delivery” (C.O.D.) by drafts or otherwise, or collect to collect on any specified terms by time drafts or otherwise, are accepted by GTL only upon the express understanding that it will exercise reasonable care in the selection of a bank, correspondent, carrier or agent to whom it will send such an item for collection, and GTL will not be responsible for any act, omission, default, suspension, insolvency or want of care, negligence, or fault of such bank, correspondent, carrier or agent, nor for any delay in remittance lost in exchange, or loss during transmission, or while in the course of collection.

 

11. General Lien on Any Property. GTL shall have a general lien on any and all property (and documents relating thereto) to the Customer, in its possession, custody or control or en route, for all claims for charges, expenses or advances incurred by GTL in connection with any shipments of the Customer and if any claim remains unsatisfied for thirty (30) days after demand for its payment is made, GTL may sell at public auction or private sale, upon ten (10) days written notice registered mail (R.R.R.) to the Customer, the goods, wares and/or merchandise, or so much thereof as may be necessary to satisfy such lien, and apply the net proceeds of such sale to the payment of amount due GTL. Any surplus from such sale shall be transmitted to the Customer, and the Customer shall be liable for any deficiency in the sale.

 

12. Compensation of GTL. The compensation of GTL for its services shall be included with and is in addition to the rates and charges of all carriers and other agencies selected by GTL to transport and deal with the goods and such compensation shall be exclusive of any brokerage, commissions, dividends or other revenue received by GTL from carriers, insurers and others in connection with the shipment. On ocean exports, upon request, GTL shall provide a detailed breakout of the components of all charges assessed and a true copy of each pertinent document relating to these charges. In any referral for collection or action against the Customer for monies due to GTL, the Customer shall pay the expenses of collection and/or litigation, including GTL's reasonable attorneys’ fees.

 

13. Indemnity Against Liability Arising From the Importation of Merchandise. The Customer agrees to indemnify and hold GTL harmless from any claims and/or liability arising from the importation of merchandise which violates any Federal, state and/or other laws or regulations and further agrees to indemnify and hold GTL harmless against any and all liability, loss, damages, costs, claims and/or expenses, including but not limited to attorney’s fees, which GTL may hereafter incur, suffer or be required to pay by reason of claims by any government agency or private party. In the event that any action, suit or proceeding is brought against GTL by any government agency or private party, GTL shall give notice in writing to the Customer by mail at its address on file with GTL. Upon receipt of such notice, the Customer, at its own expense, shall defend against such action and take all steps as may be necessary or proper to prevent the obtaining of a judgment and/or order against GTL.

 

17. Loss, Damage or Expense Due To Delay. Unless the service to be performed by GTL on behalf of the Customer are delayed by reason of negligence or other fault of GTL, GTL shall not be responsible for any loss, damage or expense incurred by the Customer because of such delay. In the event GTL is at fault, as aforesaid, its liability is limited in accordance with the provisions of paragraphs 6-7 above.

18. Certificates and Surveys reports. GTL shall not be obligated to provide any type of certificates or Surveys reports to the Costumer, unless specifically agreed in writing, prior the shipment of the goods. In which case the Customer must request in writing the specifics needed in the certificate. In the case of Fumigation and / or Heat Treatment Certificates for Dunnage, the Customer will provide the specifics of the Fumigation and or Head Treatment required.

19. Notice of Arrival. It is the full responsibility of the Customer to trace the status of its cargo. GTL and/or its Agents are not obligated to send status reports, nor Notice of Arrivals to the Customer.

 

20. Demurrages and Storages. The Customer is responsible for the equipment loan to him by GTL to Ship the Cargo. It is the responsibility of the Customer to pay any extra charge due to the Damage of the Container/Shipping Equipment, Demurrages and/or Storages charges.

 

21. Bill of Lading/Seaway Bill/Airway Bill Terms and Conditions. The Customer expressly accepts and agrees that GTL is operating under the Terms and Conditions of its Bill of Lading or Sea Waybill or Airway Bill (hereinafter “GTL Bill of Lading”)depending on which document will be issued for the shipment. GTL Bill of Lading Terms and Conditions will be provided to you upon your request or may be viewed at any office GTL or its agents or under www.gtlsa.com

 

Last review on September 13th 2016