1. GENERAL CONDITIONS
1.1. The quotation 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.
2.1. The contracting of the cargo insurance must be carried out by the Tenderer, with the acceptance by the customer.
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 pointed out in the Bill of Lading or another deliveryproving document upon goods withdrawal, being then communicated to the Tenderer within 48 (forty-eight) hours, because, upon its omission, it will be assumed that they were in perfect condition, obliging the Importer and/or representative to bear the costs of any repairs, in accordance with art. 754 of the Civil Code.
4.1. The free time period for container deunitization, unloading, and return is 5 (five) calendar days – unless special condition is negotiated with the contractor before the closing of this booking.
4.2. The free time period count starts from the day following the landing of the container(s) at the port of destination.
4.3. The demurrage period counting begins on the day following the last day of the stipulated free period.
4.4. The demurrage period counting is not suspended in the event of a fortuitous case or force majeure, being fully responsible for the amounts due when the free time period for the return of the container.
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 in the General Term of Responsibility on Container Return(s), available for consultation on our website by accessing the link: https://brplog.com/TermoGeralDemurrage.pdf, registered with the Itajaí-SC Securities and Documents Office, under no. 165743, page 162, book B-705.
4.6. The amounts due as demurrage will be applied as reproduced below, also contained in the General Term of Responsibility for Container Return:
|ABBREVIATION||FREE TIME*||AMOUNT PER DAY
AFTER FREE TIME
|20 GP||05||USD 113,00|
|20 GP SUPERTESTED + FOODGRADE||05||USD 113,00|
|20 GP SUPERTESTED||05||USD 113,00|
|20 GP FOODGRADE||05||USD 113,00|
|20 PL / 20 OT / 20 FR||05||USD 145,00|
|20 ISOTANK||05||USD 145,00|
|20 RF||05||USD 420,00|
|40 HC / 40GP||05||USD 218,00|
|40 HC / 40GP SUPERTESTED + FOODGRADE||05||USD 218,00|
|40 HC / 40GP SUPERTESTED||05||USD 218,00|
|40HC/40GP FOODGRADE||05||USD 218,00|
* unless special condition is negotiated with the contractor prior to the closing of this booking.
4.7. For the demurrage collection, the Agent may issue Debit Notes and collection slip in the face of the debtor, representing the total amount due – if the return of the equipment(s) – or, in cases of delay greater than ten (10) days without return, the partial amount. 4.8. In the event that the shipment is carried out with the shipowner CMA CGM, by chance having exceeded the free time period without returning the container(s), focusing on demurrage, the amount referring to the overstay generated must be paid before the effective return thereof. This is because the CMA CGM shipowner instituted, in 2019, the procedure for returning empty equipment, indicating the terminal of voids only after the payment of the demurrage generated by the consignee. Therefore, by imposition of the shipowner, the amount referring to the overstate diaper generated must be paid before the effective return of the empty container(s). Therefore, in order to schedule the return with the terminal, the Bidder must be asked to send the demurrage invoice with the forecast of return of the equipment(s).
5. TRANSIT TIME
5.1. Transit time is estimated and has a guiding nature. The Tenderer, in any case, is not responsible for any delays in the delivery of goods by the sea, air or road carrier, perhaps caused by external and / or internal factors, unrelated to the will of the maritime carrier, not responding to the deadlines of transport (transit time), problems with vessels, cancellation or changes of route, as well as reasons for fortuitous and force majeure (force majeure ), and The Tenderer is not attributable for those purposes.
6.1. The Tenderer will only respond to the Consenting Party for facts arising from its exclusive fault in the provision of the service, being the Tenderer mere service provider, representing customers in the contracting of freight and insurance. The scope of the responsibility and the Tenderer are not part of any problems with transport and itself, breakdowns of goods, content, packaging, defects, handling of cargo, shipment, stowage, consolidation, unloading, among others.
6.2. In the event of total loss of the container(s) used to package the imported 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 liability for the payment of demurrage, whose period will only cease on the day of payment of said indemnity, no later than five (05) working days from the date of receipt of the Debit Note or corresponding collection block issued by Tenderer.
6.3. 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 carriage 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 container intended for refrigerated unloading (REEFER) of 40′ (forty feet).
6.4. If there is no nationalization of the goods packed in the container(s), regardless of the reason, the same(s) must be returned to the terminal designated by Tenderer, and consenting party is responsible for the payment of overstay, as well as any fees, costs and storage, in its entirety, charged by the Depositary Terminal of the equipment item(s).
6.5. The Consenting Party is aware that the container(s) used in the carriage of goods must be returned(s) unoccupied, unloaded, without malfunctions and clean(s), so that it can be immediately made available and reused in other transports. In the absence of compliance with any of the items mentioned, you will answer, without prejudice to the amount due by the demurrage, for all expenses and costs generated and related to repairs and/or cleaning necessary to replacing the container(s) under conditions of use.
6.6. The Consenting Party hereafter grants specific powers for the Agent to request the Federal Revenue Service of Brazil, if necessary, on his behalf, the sanding and return of the container(s) to the shipowner, as well as the replacement of the respective container(s) by another rental, with the Grantor/Consignee/Importer responsible for the payment related to the monthly rent of the cargo unit used for said replacement.
7.1. The demurrage invoice must be paid at maturity. In case of delay, a moratorium fine of 5% (five percent) will be due on the outstanding amount of the demurrage, and from the 15th day, 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 effective payment. 15% (fifteen percent) of the amount due, as attorney’s fees, will also be added to the debt if the Agent becomes use of these services for the recovery of the credit in question, either in the judicial sphere or in the out-of-court sphere.
7.2. The payment of the overstay generated is not exclusively subject to the issuance and sending of debit note, simply, in order for payment to be required, the shipping carrier and/or Tenderer send express communication (letter or e-mail) informing the transport data and the amount due.
7.3. For conversion of the amounts of overstay and/or indemnity, described in this offer, in foreign currency to real, the rate informed by the Central Bank of Brazil (PTAX opening + 4%) will be applied on the day of payment.
8. ASSIGNMENT AND SUB-CONTRACTING
8.1. 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.
Likewise, the Tenderer may subcontract, in whole or in part, the services that are the subject of this Business Proposal.
9. JURISDICTION AND APPLICABLE LAW
9.1. 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.