1. GENERAL CONDITIONS
1.1. The quoted rate is subject to space and equipment availability by the carrier.
1.2. The offer is based on current prices provided by maritime companies and may be subject to change without prior notice, according to their determination.
1.3. Once the proposal is accepted, the Acceptor understands that it must confirm it via email to the Proposer, providing the exporter’s contact information at origin, along with other relevant information related to the process, to be communicated to the Proposer’s agent for coordination purposes.
1.4. The freight payment term is up to 05 (five) days after the vessel’s departure. In case of non-payment within the stipulated period, a late payment fee of 5% (five percent) of the debt amount and default interest of 1% (one percent) per month will be applied.
1.5. Subject to courier charges.
1.6. Proposal not valid for dangerous goods (DG).
1.7. In the case of consolidated cargo (LCL) IMO, note that there may be additional charges for storage by ports/cargo terminals.
1.8. In the event of total or partial omission by the Acceptor regarding the classification of cargo as dangerous (IMO), a penalty (hazardous misdeclaration – HCM) will be applied, according to the rate practiced by the carrier.
1.9. In accordance with Law 9.779/99, regulated by RFB IN 1037/10, shipments from countries classified as “tax-favored” are subject to withholding tax at a rate of 25% (twenty-five percent), with calculation impacts included in the total freight value and other expenses stated in the Bill of Lading. The list of countries classified as “tax-favored” is provided in RFB IN 1037/2010.
2. INSURANCE
2.1. Cargo insurance should be contracted by the Proposer with the acceptance of the Acceptor.
2.2. In cases where insurance is contracted directly by the Acceptor, they cannot claim recourse against the Proposer, as per article 754 of the Civil Code.
3. CLAIMS OF DAMAGES
3.1. Identified damages must be immediately noted in the Damage Report or other evidentiary document, and communicated to the Proposer within 48 (forty-eight) hours of receiving the equipment(s). Failure to do so will presume that the cargo unit(s) was/were in perfect condition, obliging the Shipper/Exporter and/or representative to bear the costs of any repairs, as per article 754 of the Civil Code.
4. DETENTION
4.1. The free time period is 05 (five) consecutive days, from the date of container(s) withdrawal from the carrier’s depot to the date of container(s) full entry into the port installation for loading, unless a specific period negotiated and approved by the Proposer at the booking closure.
4.2. The counting of free time starts from the withdrawal of empty container(s) from the carrier’s depot, whether it is a business day or not.
4.3. The detention period begins the day after the last day of the free time, ending on the actual ship embarkation date – or return to the empty terminal, if not utilized.
4.4. The detention period does not suspend in the event of force majeure, with the Acceptor fully responsible for overdue detention charges once the free time period for container return has passed.
4.5. After the specified free time for empty container return has elapsed, any additional detention shall be compensated according to the clauses and conditions herein.
4.6. Detention payments should adhere to the values as per the reproduced table below:
| EQUIPMENT | FREE TIME* | AMOUNT PER DAY (AFTER FREE TIME) |
| 20 GP | 05 | USD 84 |
| 20 GP SUPERTESTED + FOODGRADE | 05 | USD 84 |
| 20 GP SUPERTESTED | 05 | USD 84 |
| 20 GP FOODGRADE | 05 | USD 84 |
| 20 PL / 20 OT / 20 FR / 20 RF | 05 | USD 210 |
| 40 HC / 40GP | 05 | USD 169 |
| 40 HC / 40GP SUPERTESTED + FOODGRADE | 05 | USD 169 |
| 40 HC / 40GP SUPERTESTED | 05 | USD 169 |
| 40HC / 40GP FOODGRADE | 05 | USD 169 |
| 40PL / 40OT / 40FR / 40RH | 05 | USD 468 |
4.7. For detention charges, the Proposer may issue Debit Notes and billing to the debtor Acceptor, representing the total amount due – if the container(s) has already been shipped or returned without shipment – or, in cases of delays exceeding 10 (ten) days, a partial amount, if the container(s) has not yet been shipped or returned to the empty terminal.
4.8. The cancellation of the shipment(s) after the withdrawal of the empty container(s) from the carrier’s depot implies a waiver of the granted free time, with the Acceptor liable for full detention charges from the date of container(s) withdrawal.
5. TRANSIT TIME
5.1. The cargo transit time is estimated and serves merely as a guideline. The Proposer, under any circumstance, shall not be liable for any delays in cargo delivery by the maritime, air, or land carrier, which may be caused by external and/or internal factors beyond the Proposer’s control, including vessel issues, route cancellations or changes, as well as force majeure reasons, with the Proposer being blameless for such instances.
6. RESPONSIBILITY
6.1. The Proposer shall only be liable to the Acceptor for acts resulting from its exclusive fault in service provision. The Proposer acts solely as a service provider, representing clients in freight and insurance contracting intermediation. Problems related to the actual transportation, cargo damage, content, packaging, defects, cargo handling, loading, stowage, consolidation, unloading, among others, are not within the scope of the Proposer’s responsibility.
6.2. The Acceptor is responsible for providing the cargo according to the previously agreed INCOTERM, as well as according to the agreed location, date, and time. Failure to comply with this provision may result in the adjustment of the freight values and conditions stipulated herein.
6.3. Should the goods not be loaded into the container(s) provided and withdrawn by the Acceptor, regardless of the reason, the container(s) must be returned to the terminal designated by the Proposer, with the Acceptor being liable for demurrage charges, as well as any fees, prices, and storage charges, in full, at the cargo terminal.
6.4. The Acceptor acknowledges that any container not utilized for merchandise transport must be returned empty, unloaded, undamaged, odorless, and clean, for immediate availability and reuse in other transports. Failure to comply with any of these requirements, in addition to the detention charges owed, will result in the Acceptor being responsible for all expenses incurred for necessary repairs and/or cleaning to restore the container to usable conditions.
6.5. In the event of total loss of the container(s) used to transport the exported merchandise, whether due to damage, theft, or any other cause, the Acceptor shall bear the indemnification cost for the respective container(s), in addition to the detention fee, which will only cease on the day of payment of said indemnification, within a maximum period of 05 (five) business days from the date of receipt of the corresponding Debit Note or billing issued by the Proposer.
6.6. The indemnification for each type of container shall consider the following values:
USD 7,200.00 (seven thousand two hundred dollars) per 20′ (twenty-foot) dry cargo container;
USD 8,400.00 (eight thousand four hundred dollars) per 40′ (forty-foot) dry cargo container;
USD 8,400.00 (eight thousand four hundred dollars) per 20′ (twenty-foot) special cargo container (Open Top, Flat Rack, or Tank);
USD 10,000.00 (ten thousand dollars) per 40′ (forty-foot) special cargo container (Open Top, Flat Rack, or Tank);
USD 30,000.00 (thirty thousand dollars) per 20′ (twenty-foot) refrigerated cargo container; and,
USD 48,000.00 (forty-eight thousand dollars) per 40′ (forty-foot) refrigerated cargo container.
7. PAYMENT
7.1. Detention invoices must be paid according to the due date. In case of delay, a late payment fee of 5% (five percent) on the outstanding detention amount will be charged if payments are made after the 5th day following the issuance of the Debit Note by the Agent. Starting from the 15th day, an additional late fee of 1% (one percent) per month, along with monetary correction and interest of 1% (one percent) per month, will be applied, counted until the effective payment date. Additionally, 15% (fifteen percent) of the amount due will be added to the debt as attorney fees if the Agent resorts to these services for debt recovery, either judicially or extrajudicially.
8. ALTERATION, CANCELLATION, AND NO-SHOW FEES
8.1. For bookings made and not confirmed, the following cancellation fees apply:
Total cancellation or reduction of reserved container(s) requested by the Acceptor 14 to 8 days prior to the Estimated Time of Departure (ETD): USD 150 per container (Cancellation).
Total cancellation or reduction of reserved container(s) requested by the Acceptor within 7 days prior to the Estimated Time of Departure (ETD): USD 300 per container (No-Show).
9. ASSIGNMENT AND SUBCONTRACTING
9.1. The receivables related to the commercial proposal may be assigned to companies within the same economic group, at the discretion of the Proposer, without prior approval from the Acceptor. Likewise, the Proposer may subcontract the services, either wholly or partly, which are the subject of this commercial proposal.
10. JURISDICTION AND APPLICABLE LAW
10.1. The parties agree to the application of international trade rules and agreements concerning foreign trade and national legislation regarding the interpretation of this commercial proposal. The parties hereby elect the Court of the City of Santos/SP as competent to settle any disputes arising from the terms of this proposal, expressly waiving any other jurisdiction, however privileged it may be.
By agreeing to the aforementioned clauses, the Acceptor declares to be aware of the terms and accepts them, with the validity starting from the commencement of services offered by the Proposer.