1. GENERAL CONDITIONS
1.1. The quotation provided is subject to space and equipment availability by the carrier.
1.2. The offer is based on the current rates provided by the shipping lines and may be subject to change without prior notice, in accordance with their determination.
1.3. Once the proposal is accepted, the Acceptor understands that they must confirm it by email to the Proposer, providing the exporter’s contact details at the origin, along with other relevant information related to the process, to be communicated to the Proposer’s agent for the purpose of coordinating the operation.
1.4. The freight payment term is up to 05 (five) days after the ship’s departure. In case of non-payment within the deadline, a late payment fee of 5% (five percent) of the debit amount and a late interest of 1% (one percent) per month will be charged.
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 an additional charge for storage by ports/cargo terminals.
1.8. In accordance with Law 9.779/99, regulated by RFB Normative Instruction 1037/10, shipments from countries classified as “favorable tax jurisdiction” are subject to a withholding tax rate of 25% (twenty-five percent), with reflections of the calculation on the total value of the freight and other expenses stated in the Bill of Lading. The list of countries classified as “favorable tax jurisdiction” is provided in RFB Normative Instruction 1037/2010.
2. INSURANCE
2.1. Cargo insurance shall be contracted by the Proposer, with the client’s acceptance.
2.2. In cases of insurance contracted directly by the Acceptor, they cannot claim recourse against the Proposer, pursuant to Article 754 of the Civil Code.
3. CLAIMS FOR DAMAGES
3.1. Any damages identified must be immediately noted on the Bill of Lading or other delivery document at the time of goods withdrawal, and then communicated to the Proposer within 48 (forty-eight) hours, as failure to do so will be presumed that the goods were in perfect condition, obliging the importer and/or representative to assume the costs of any repairs, pursuant to Article 754 of the Civil Code.
4. DEMURRAGE
4.1. The free time for unloading, unstuffing, and container return is 05 (five) consecutive days – unless a special condition negotiated with the contractor before the closure of this booking.
4.2. The counting of the free time period starts from the day following the container(s) unloading at the destination port.
4.3. The counting of the demurrage period starts on the day following the last day of the stipulated free time.
4.4. The demurrage period counting does not suspend in the event of force majeure, with the party being fully responsible for the amounts due when exceeding the free time for container return.
4.5. After the free period for empty equipment return has elapsed, any additional detention must be compensated according to the clauses and conditions stated in the General Responsibility Agreement for Container Return, available for consultation on our website via the link: (https://brplog.com/TermoGeralDemurrage.pdf), also registered in the Office of Civil Registry of Natural Persons and of Interdictions and Guardianships, of Legal Entities and of titles and documents of Itajaí/Santa Catarina, under No. 168469, page 91, book B-719.
4.6. The demurrage amounts due will be applied as reproduced below, also stated in the General Responsibility Agreement for Container Return:
| EQUIPMENT | FREE TIME* | AMOUNT PER DAY (AFTER FREE TIME) |
| 20 GP | 05 | USD 180,00 |
| 20 GP SUPERTESTED + FOODGRADE | 05 | USD 180,00 |
| 20 GP SUPERTESTED | 05 | USD 180,00 |
| 20 GP FOODGRADE | 05 | USD 180,00 |
| 20 PL / 20 OT / 20 FR | 05 | USD 192,00 |
| 20 ISOTANK | 05 | USD 156,00 |
| 20 RF | 05 | USD 480,00 |
| 40 HC / 40GP | 05 | USD 262,00 |
| 40GP SUPERTESTED / 40GP SUPERTESTED + FOODGRADE | 05 | USD 262,00 |
| 40HC / 40GP FOODGRADE | 05 | USD 262,00 |
| 40NOR | 05 | USD 444,00 |
| 40PL / 40OT / 40FR | 05 | USD 384,00 |
| 40RH | 05 | USD 612,00 |
* In case of special condition agreed between the parties at the time of booking – free time exceeding the one stipulated above or negotiated daily rates – these will prevail over this AGREEMENT, provided they are duly proven.
4.7. For demurrage charges, the Agent may issue Debit Notes and collection invoices against the debtor, representing the total amount due – if the equipment(s) have already been returned – or, in case of delay exceeding 10 (ten) days without return, a partial amount.
4.8. In the event that the shipment is carried out with the carrier CMA CGM, if the free time (free time) is exceeded without returning the container(s), resulting in demurrage, the amount corresponding to the generated detention must be paid before the actual return of the container(s). This is because the carrier CMA CGM established, in 2019, a procedure for the return of empty equipment, indicating the empty terminal only after the payment of the demurrage generated by the consignee.
Therefore, by imposition of the carrier, the amount related to the generated detention must be paid before the actual return of the empty container(s). Therefore, to schedule the return at the terminal, the Proposer must be requested to send the demurrage invoice with the forecast of container return.
5. TRANSIT TIME
5.1. The transit time is estimated and for guidance purposes only. The Proposer, under any circumstances, shall not be responsible for any delays in the delivery of goods by the maritime, air, or road carrier, possibly caused by external and/or internal factors beyond the carrier’s control, not being liable for transport deadlines (transit time), vessel problems, cancellation or route changes, as well as force majeure events, with the Proposer being not accountable for these purposes.
5.2. The originally planned route may be altered according to the specificities inherent in international logistics defined by the actual carrier.
5.3. In the case of LCL imports, the valid shipment date is that informed in the BL of the original departure port.
6. LIABILITY
6.1. The Proposer will only be liable to the Acceptor for facts arising from its exclusive fault in the provision of the service, with the Proposer being a mere service provider, representing clients in freight and insurance contracts. Problems with 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. In the event of total loss of the container(s) used to transport the imported goods, whether due to damage, theft, or any other causes, the Acceptor shall bear the indemnity for the respective container(s), without prejudice to the liability for demurrage payment, with the period only ceasing on the day of payment of the mentioned indemnity, within a maximum period of 05 (five) business days from the date of receipt of the Debit Note or corresponding payment slip issued by the Proposer.
6.3. Indemnifications for each type of container shall consider the values indicated below:
– USD 7,200.00 (seven thousand two hundred dollars) per container for dry cargo transportation (DRY) of 20′ (twenty cubic feet) capacity;
– USD 8,400.00 (eight thousand four hundred dollars) per container for dry cargo transportation (DRY) of 40′ (forty cubic feet) capacity;
– USD 8,400.00 (eight thousand four hundred dollars) per container for special cargo transportation (Open Top, Flat Rack, or Tank) of 20′ (twenty cubic feet) capacity;
– USD 10,000.00 (ten thousand dollars) per container for special cargo transportation (Open Top, Flat Rack, or Tank) of 40′ (forty cubic feet) capacity;
– USD 30,000.00 (thirty thousand dollars) per container for refrigerated cargo transportation (REEFER) of 20′ (twenty cubic feet) capacity; and,
– USD 48,000.00 (forty-eight thousand dollars) per container for refrigerated cargo transportation (REEFER) of 40′ (forty cubic feet) capacity.
6.4. In the absence of goods nationalization stored in the container(s), regardless of the reason, it/they shall be returned to the terminal designated by the Proposer, with the Acceptor being liable for detention, as well as any fees, costs, and storage charges in full, charged by the Equipment Depository Terminal(s).
6.5. The Acceptor acknowledges that the container(s) used in the transportation of goods must be returned empty, unloaded, without damages, and clean, so that it/they can be immediately made available and reused in other transports. In case of non-compliance with any of the mentioned items, the Acceptor shall be liable, without prejudice to the demurrage amount due, for all expenses and costs incurred and related to the necessary repairs and/or cleaning to place the container(s) in usable conditions.
6.6. The Acceptor hereby grants specific powers to the Agent to request from the Brazilian Federal Revenue, if necessary, on behalf of the former, the unloading and return of the container(s) to the carrier, as well as the replacement of the respective container(s) with another rented, with the Grantor/Consignee/Importer being responsible for the payment of the monthly rental of the cargo unit used for said replacement.
6.7. In the event of a force majeure situation and the carrier omits the destination port and delivers the goods to an alternative port, the Consignee/Importer is aware that any additional and unexpected costs, such as storage, vehicle daily rates, and other general logistic costs, must be directed to the main carrier or the terminal, depending on the situation, considering that the maritime operation is exclusively coordinated by the actual carrier, without the intermediary of the freight forwarder.
7. DEMURRAGE PAYMENT
7.1. The demurrage invoice shall be paid according to the due date. In case of delay, a late fee of 5% (five percent) shall be due on the outstanding demurrage amount, and from the 15th day onwards, an additional fine of 1% (one percent) per month shall apply, in addition to monetary correction and interest of 1% (one percent) per month, counted until the date of effective payment. Additionally, 15% (fifteen percent) of the amount owed shall be added as attorney’s fees, if the Agent resorts to these services for the recovery of the aforementioned credit, whether in judicial or extrajudicial sphere.
7.2. The payment of generated detention is not exclusively conditioned to the issuance and sending of the Debit Note; it suffices for the payment to be demanded that the maritime carrier and/or the Proposer send an explicit communication (letter or email) informing the transportation details and the amount due.
7.3. For the conversion of detention and/or indemnity values described in this offer into local currency, the rate informed by the Central Bank of Brazil (PTAX opening + 9%) on the payment day shall apply.
8. ASSIGNMENT AND SUBCONTRACTING
8.1. The receivables rights regarding the commercial proposal may be assigned to companies within the same economic group, at the Proposer’s discretion, without the need for prior approval by the Acceptor. Similarly, the Proposer may subcontract all or part of the services that are the subject of this commercial proposal.
9. JURISDICTION AND APPLICABLE LAW
9.1. The parties foresee the application of rules and International Agreements related to foreign trade and national legislation regarding the interpretation of this commercial proposal. The parties elect the Judiciary of Santos/SP as competent to settle any disputes arising from the application of the terms resulting from this proposal, with express waiver of any other, however privileged it may be.
And by agreeing to the foregoing clauses, the Acceptor declares to be aware of the terms, accepting them, with the validity starting from the commencement of services offered by the Proposer.