1. GENERAL CONDITIONS
1.1. The quotation carried out is subject to space and equipment availability by the ship-owner.
1.2. The offer is based on the prices in force provided by the shipping companies and may change without notice according to their determination.
1.3. The freight payment deadline is up to 05 (five) days after the departure of the ship. In case of non-payment within the period there will be an incidence of a late payment fee of 1% (one percent) per month.
1.4. Subject to courier charges.
1.5. Proposal is not valid for dangerous goods (DG).
1.6. In the case of consolidated cargo (LCL) IMO, note that an additional charge may be levied on storage by ports/cargo terminals.
1.7. In the case of total or partial omission by the Consenting Party that the cargo is classified as dangerous (IMO), a fine (hazardous misdeclaration – HCM) will be applied, according to the amount charged by the shipowner.
1.8. In accordance with Law 9779/99, regulated by IN RFB 1037/10, shipments from countries classified as “with favored taxation” are subject to taxation at source at the rate of 25% with reflections of the calculation inside, on the total freight value and other expenses included in the Bill of Lading. The list of countries classified as “with favored taxation” is provided in IN RFB 1037/2010.
2.1. The contracting of the cargo insurance must be carried out by the Tenderer, with the acceptance by the Consenting Party.
2.2. In cases of insurance contracting directly by the Consenting Party, the Consenting Party may not require the right of return against the Tenderer, in accordance with art. 754 of the Civil Code.
3. CLAIMS ON DAMAGES
3.1. The identified damages shall be immediately excluded in the Fault Term or other supporting document, being communicated to the Tenderer within 48 (forty-eight) hours of receipt of the equipment(s), since, in its omission, it will be assumed that the cargo unit(s) was in perfect condition, obliging the Shipper/Exporter and/or representative to assume the costs of any repairs, in accordance with art. 754 of the Civil Code.
4.1. Free Time is five (05) calendar days, between the date of removal from the ship-owner’s warehouse(s) and the date of entry of the full container(s) into the port shipping facility, unless there is a specific deadline negotiated and approved by the Tenderer at the close of the booking.
4.2. Free time is counted from the removal of the empty container(s) in the ship-owner’s warehouse, whether it is a business day or not.
4.3. The counting of the detention period begins on the day following the last day of the free period, with the final end on the date of effective shipment of the equipment(s) on the ship – or return to the empty terminal in case of non-use.
4.4. The count of the detention period is not suspended in the event of a fortuitous case or force majeure, being responsible to the Consenting Party in full for the amounts due when the free time period for the return of the equipment item(s).
4.5. After the free period established for the return of the empty container(s), any counter-stay shall be indemnified according to the clauses and conditions contained herein.
4.6. The payment by way of detention shall observe the amounts as shown in the table reproduced below:
|EQUIPMENT||FREE TIME||CALENDAR DAYS (PER DAY)|
|20 GP||05||USD 60|
|20 GP SUPERTESTED + FOODGRADE||05||USD 60|
|20 GP SUPERTESTED||05||USD 60|
|20 GP FOODGRADE||05||USD 60|
|20 PL / 20 OT / 20 FR / 20 RF||05||USD 160|
|40 HC/ 40GP||05||USD 120|
|40 HC / 40GP SUPERTESTED + FOODGRADE||05||USD 120|
|40 HC / 40GP SUPERTESTED||05||USD 120|
|40HC/40GP FOODGRADE||05||USD 120|
4.7. For the collection of detention, the Tenderer may issue Debit Notes and collection slip in the face of the Consenting Party debtor, representing the total amount due – if the empty equipment(s) has already been delayed without boarding – or, in cases of delay of more than ten (10) days, the partial amount, in the event that the container(s) has(have) not yet been shipped or returned to the empty terminal.
4.8. The cancellation of the shipment(s) after the removal of the empty container(s) from the shipowner depot implies a waiver of the free time granted, and full detention amounts are due by the Consenting Party since the equipment item(s) removal date.
5. TRANSIT TIME
5.1. The cargo transit time is estimated and has merely a guiding nature. The Tenderer, in any case, is not responsible for any delays in the delivery of cargo(s) by the sea, air, or road carrier, perhaps caused by external and/or internal factors, unrelated to the will of the Tenderer, not responding to the transport deadlines (transit time), problems with vessels, cancellation or changes of route, in addition to reasons for fortuitous and force majeure, the Tenderer being attributable for those purposes.
6.1. The Tenderer will only be liable to the Consenting Party for facts arising from his/her exclusive fault in the provision of the service, and the Tenderer is the service provider, representing the customers in the intermediation of freight and insurance contracting. The scope of the accountability and the Tenderer are not part of any problems with transport in itself, breakdowns of goods, content, packaging, defects, handling of cargo, shipment, stowage, consolidation, and unloading, among others.
6.2. The Consenting Party must be responsible for the availability of the cargo in accordance with the INCOTERM previously agreed, as well as, according to the place, date and time. If there is no compliance with this provision, the values and conditions of the freight then stipulated will be subject to the change.
6.3. If the goods are not used in the container(s) made available and withdrawn by the Consenting Party, regardless of the reason, the container(s) shall be returned to the terminal designated by the Tenderer, and the Consenting Party shall pay for counter-stay, as well as any fees, prices and storage, in its entirety, of the depositary of the cargo safe(s).
6.4. The Consenting Party is aware that the container which may not be used in the transport of goods must be returned unoccupied, unloaded, without malfunctions, without odors and clean, so that it can be immediately made available and reused in other transports. If there is failure to comply with any of the items mentioned, he/she will respond, without prejudice to the amount due by detention, for all expenses generated and related to repairs and/or cleaning necessary to replace the container in conditions of use.
6.3. In the event of total loss of the container(s) used to package the exported goods(s), whether by malfunctions, theft or any other causes, the Consenting Party will bear the indemnification of the respective container(s), without prejudice to the detention fee, the period of which will only cease on the day of payment of said indemnity, within a maximum of 05 (five) business days from the date of receipt of the corresponding Debit Note or collection block issued by the Tenderer.
6.4. Indemnities for each type of container should consider the amounts indicated below:
– USD 4,000.00 per container intended for the transport of dry cargo (DRY) of 20′ (twenty feet);
– USD 6,000.00 per container intended for dry cargo (DRY) of 40′ (forty feet);
– USD 6,000.00 per container intended for the transport of special loads (Open Top, Flat Rack or Tank) of 20′ (twenty feet);
– USD 9,000.00 per container intended for the transport of special loads (Open Top, Flat Rack or Tank) of 40′ (forty feet);
– USD 25,000.00 per container intended for the transport of refrigerated cargo (REEFER) of 20′ (twenty feet); and
– USD 40,000.00 per container intended for the carriage of refrigerated cargo (REEFER) of 40′ (forty feet).
7.1. The detention invoice must be paid at maturity. In case of delay, a 5% (five percent) moratorium fine will be due on the outstanding amount as detention in the event of payments made after the 5th day of issuance of the Debit Note by the Agent, and from the 15th day on, there will be an additional fine of 1% (one percent) per month, in addition to monetary correction and interest of 1% (one percent) per month, counted up to the date of actual payment. 15% (fifteen percent) of the amount due, as attorney’s fees, will also be added to the debt if the Agent makes use of these services for the recovery of the credit in question, either in the judicial sphere or in the out-of-court sphere.
8. ALTERATION, CANCELLATION, AND NO-SHOW FEES
For customer-requested and ship-owner confirmed – when departure does not occur on the reservation date, the following cancellation fees will be incurred:
– Total cancellation or reduction of reserved container(s), requested by consenting party 14 to 8 days prior to ETD (Estimate Time of Departure): USD 150 per container (Cancellation).
– Total cancellation or reduction of reserved container(s), requested by the Consenting Party within the 7 days prior to the ETD (Estimate Time of Departure): USD 300 per container (No-Show).
9. ASSIGNMENT AND SUB-CONTRACTING
9.1. The credit rights related to the Business Proposal may be assigned to companies of the same economic group, at the discretion of the Tenderer, without prior approval by the Consenting Party. Likewise, the Tenderer may subcontract in whole or in part the services that are the subject of this Business Proposal.
10. JURISDICTION AND APPLICABLE LAW
10.1. The parties provide for and shall apply the rules and International Agreements relating to foreign trade and national legislation on the interpretation of this Business Proposal, being elected by the parties the Forum of the District of Santos / SP as the one competent to resolve any disagreements regarding the application of the terms arising from this Proposal, with express waiver to any other, however privileged it may be. And because it is in accordance with the retro clauses, the Consenting Party declares to be aware of the terms, accepting them, and they will come into effect from the beginning of the services offered by the Tenderer.