Transportation Terms and Conditions
The purpose of the contractual relationship between OMEGA TRADING CARGO INC. and THE CLIENTS is the International Freight and / or Freight Transport Agency in the Maritime, Aerial, Terrestrial, Multimodal modality, understood as the activity of coordination and contracting of the transport of the cargo For this purpose, THE CLIENT, empowers in a broad and sufficient way aOMEGA TRADING CARGO INC to act on your behalf and representation in the contracting of all services necessary for the transport of national and international cargo, and others that are necessary to complete your logistics chain. Thus, OMEGA TRADING CARGO INC will be able to hold, on behalf of, on behalf of the CLIENT, with full freedom, transportation contracts, insurance, packing, stowage, port operation, loading, unloading, escorting or accompanying, storage, among others.
1.1.The Contracting Parties understand and agree that OMEGA TRADING CARGO INC will never assume the status of Transportation Commissioner or Contractual Carrier or, in fact.
1.2.For the purposes of this contract, the CLIENT will be understood as the individual or legal entity receiving the quotation or offer of services from OMEGA TRADING CARGO INC and / or who requests the services of OMEGA TRADING CARGO INC.
2.1.All services carried out by OMEGA TRADING CARGO INC in the development of International Freight Forwarding activities, shall be governed exclusively by this contract, which shall be understood as fully accepted by THE CLIENT from the moment that, tacitly or expressly, accepts the quotation or offer of services submitted byOMEGA TRADING CARGO INC.
2.2.The CUSTOMER accepts that this contract is mandatory and binding, and will be applied to any instruction or request for service, transmitted by the CUSTOMER whether in writing (including email and fax) or verbally.
2.3.This contract is an integral part of any quotation OMEGA TRADING CARGO INC or service offer submitted by, and is published on its website www.omegatradingcargo.com permanently for consultation. If in the development of the contracted services OMEGA TRADING CARGO INC issues any additional clauses to this contract, said clauses will be obligatory; in said event, these provisions will regulate everything that has not been included in the additional clauses.
2.4. In the event of the cancellation of this contract by the CLIENT, the CLIENT must notify The company Omega Trading Cargo in writing, with no less than 15 days prior to the date of positioning of the container and / or pick up cargo, either by sea or by air, under penalty of incurring a fine equivalent to 20% (twenty percent) of the contract value. This fine of 20% (twenty percent) will be deducted from the payment made by the client either as an advance or full payment of the service, the remaining balance will be returned to the client in 30 days of cancellation, if applicable. The foregoing in order to cover the administrative costs generated by the breach of the contract by the client.
3. Materialization of the international cargo agency agreement
3.1.It is understood by acceptance of the quotation or offer, the express communication that the CLIENT performs by any means, or the performance of any action by the CLIENT, whose purpose is the initiation of the execution of the offered services, including, but not limited to, the shipment of the shipping instructions.
3.2.The contractual relationship between OMEGA TRADING CARGO INC will arise only when there is an express or implied acceptance of the service order by OMEGA TRADING CARGO INC. The simple receipt of documentation will not be understood as a tacit acceptance of the commission of the service by OMEGA TRADING CARGO INC.
4. Obligations of the client
4.1.The CLIENT will communicate in writing and opportunely to OMEGA TRADING CARGO INC the following information, which may be contained in the instructions that it sends: -Nature, number, weight, volume and packaging of the cargo. -If it is dangerous goods. -Place of receipt / delivery of the cargo, tariff heading, description of the goods -Instructions and conditions concerning the shipment, means of transport (maritime / air / land / courier / urgent, etc.) -Reports and documents necessary for transportation of the cargo and the formalities of police, customs and health.
4.2.In case of instructions given orally, these must be immediately confirmed in writing (letter, email and / or fax). In the absence of precise instructions, OMEGA TRADING CARGO INC will be entrusted with the selection of the most appropriate means and means to contract the logistic operation, which will always be done on behalf, on behalf of the CLIENT. It is the responsibility of the CLIENT to transmit all information related to the service in charge correctly and completely. It is not obligation of OMEGA TRADING CARGO INC to verify the information received. In case of evidencing any error and / or discrepancy in the received documentation, OMEGA TRADING CARGO INC will inform the CLIENT, in order that said information be clarified. The CLIENT guarantees the accuracy of the documents and information presented to OMEGA TRADING CARGO INC and any governmental entity, and will be responsible for any consequence caused by inaccurate or false declarations, including customs duties, taxes, fines or customs sanctions, delay costs and damages, among others.
4.3.Delivery of the cargo or making it available to OMEGA TRADING CARGO INC or its Agent
4.4.Comply with the legal and administrative dispositions established by the national and international authorities, which correspond to their commercial activities, such as: Letter of Responsibility l – Airport Security.
4.5.The other obligations inherent to the nature of this contract.
5. Identification documents
5.1.THE CUSTOMER will deliver to OMEGA TRADING CARGO INC, the documentation required to identify and corroborate the data provided by the client,
Provide the international carrier, the international freight forwarder or the multimodal transport operator, information related to their Registration Identification Number and the consignee’s number when they are different; as well as the tariff heading or subheading of the merchandise; in the terms and conditions established by Customs agents. Compliance with this obligation must be prior to the import of the merchandise. Failure to comply with this obligation does not constitute a punishable offense; however, the foreign trade operation may be classified as high risk for the purposes of customs controls.
Certificate of existence and legal representation of the legal entity, with expedition validity not exceeding (1) one month as of the date of the study.
Copy of the balance sheet and statement of income, certified and certified by the Accountant, as the case may be, with a cutoff date of December 31 of the immediately preceding year or initial balance sheet in the case of companies incorporated in the same year in which the verification is performed. information.
Registration of the company. – Information about the intermediary bank that it uses for the payment of foreign trade operations.
LEGIBLE COPY TO THE COLOR OF THE LEGAL REPRESENTATIVE AND / OR MANAGER OF THE COMPANY
5.3.Natural people traders:
Copy of the balance sheet and statement of results certified and ruled by Accountant, as the case may be, with a cut-off of December 31 of the immediately preceding year or initial balance sheet in the case of companies incorporated in the same year in which the verification of the information.
Information about the intermediary bank that it uses for the payment of foreign trade operations.
LEGIBLE COPY TO THE COLOR OF THE LEGAL REPRESENTATIVE AND / OR MANAGER OF THE COMPANY
5.4.Other Natural Persons:
Information about the intermediary bank that it uses for the payment of foreign trade operations, if necessary.
5.5.ADDITIONAL TO DOCUMENTS SHOULD DELIVER:
OMEGA CARGO Freight Guarantee Letter
Container Guarantee Letter
Commercial declaration or guarantee letter
Visit client security
Customers security agreement
Unique Knowledge of Suppliers
. I will pay and letter of instructions OMEGA TRADIN CARGO INC
Agreement for the issuance and acceptance of delivery of electronic invoice
International cargo agency agreement (when applicable)
6. Obligations of OMEGA TRADING CARGO INC
6.1.Coordinate the transport of the cargo in accordance with the instructions provided by THE CLIENT.
6.2.Veel for the preservation of the cargo when it is in its custody in its own warehouses or in its own premises, in which case OMEGA TRADING CARGO INC will respond as depositary.
6.3.The other obligations inherent in the nature of this contract.
6.4.To make available or deliver to the customs authority the merchandise that it orders.
6.5.To deliver, through the electronic information services, the information of the transportation documents in accordance with the provisions of the law, in a timely manner.
7. Load, packing and / or packing the freight
7.1. Unless the CLIENT and OMEGA TRADING CARGO INC expressly agree otherwise, the services of OMEGA TRADING CARGO INC do not include: loading the cargo, packing and / or packing the cargo.
7.2.In the event that OMEGA TRADING CARGO INC agrees to provide the CLIENT with the LOAD service, this will be done in accordance with the procedure of OMEGA TRADING CARGO INC.
7.3.The CLIENT has the obligation to pack and / or pack the cargo in the appropriate form for transportation. In the cases that OMEGA TRADING CARGO INC evidences that the cargo is badly or insufficiently packed or packed for transport, OMEGA TRADING CARGO INC will inform the CUSTOMER, being able to remove the load to properly pack it or request OMEGA TRADING CARGO INC the realization of said packing, the CLIENT paying the costs thereof. In the event that the CUSTOMER insists on delivering the poorly packed cargo, OMEGA TRADING CARGO INC may refuse to provide its services, charging the costs and expenses incurred up to that moment, and the respective remuneration. If OMEGA TRADING CARGO INC opts to accept the poorly packed cargo, it will do so excluding its responsibility.
8. Dangerous cargo
8.1.The CLIENT must inform OMEGA TRADING CARGO INC when its cargo is cataloged as dangerous goods, that is, any substance that has corrosive, reactive, explosive, toxic, flammable, infectious or radioactive characteristics that could cause risk or damage to the human health, the environment and / or the merchandise of other Customers, or any substance that is considered dangerous in the current legislation. In any event in which OMEGA TRADING CARGO INC or any third party contracted by it determines the dangerous goods character of a cargo, OMEGA TRADING CARGO INC may take all actions tending to minimize and / or mitigate any risk derived from its nature, having the faculty, even, to destroy it, without incurring in any responsibility against the CLIENT and retaining the right to claim the damages generated.
9. Terms of negotiation
9.1.The choice of any negotiation term, including INCOTERMS, is made by the CLIENT and, therefore, OMEGA TRADING CARGO INC has no responsibility whatsoever for the consequences of such election. Regardless of the negotiation terms chosen, the CLIENT will be responsible to OMEGA TRADING CARGO INC for the services ordered and the related and invoiced expenses.
9.2. OMEGA TRADING CARGO in its door to door delivery services will have a minimun required shipment, where this may vary depending on the country
where you are shipping. The customer accepts, when sending the cargo with OMEGA TRADING CARGO
10. Receipt and delivery of cargo
10.1.The CUSTOMER must inform about any restriction that the load has, so that it is grouped with the load of other clients. If precise instructions are not received, it will be understood that there is no restriction.
10.2.OMEGA TRADING CARGO INC will not be responsible for the dispatch, arrival and delivery of the cargo outside of the dates indicated by the carriers and transmitted to the CLIENT, since the dates indicated are estimated and preliminary, and are subject to changes by the transporter.
10.3.At the time of delivery of the cargo at the final destination, the CUSTOMER and / or consignee have the obligation to verify the status and condition of the same, and must immediately inform the representative that delivers any irregularity to proceed with the claim if there is no immediate claim there will be no right to compensation
11. Responsibility of OMEGA TRADING CARGO INC
11.1.The responsibility of OMEGA TRADING CARGO INC acting as an international freight forwarder, is limited to the proper selection of suitable third parties, such as transporters, warehouse operators, etc.
11.2.In the event that the cargo is damaged and / or lost, partially or totally, the cargo being in the custody, surveillance and / or control of third parties contracted by OMEGA TRADING CARGO INC on behalf of the CLIENT, damages and / or loss will be the responsibility of such third parties, before whom the respective claims will proceed.
12.1.The CLIENT must respond and indemnify OMEGA TRADING CARGO INC for any loss or damage suffered as a result of the breach of the CLIENT’s contractual and legal obligations. THE CUSTOMER will respond and indemnify OMEGA TRADING CARGO INC for any claim, demand, expense, payment, or compensation to which it is subject or in which OMEGA TRADING CARGO INC shall incur before third parties or authorities, including defense costs and attorney fees. , by reason of compliance with the instructions of the CLIENT or compliance with its contractual obligations with respect to the cargo.
13. Limit indemnity of OMEGA TRADING CARGO INC.
13.1.In any case, the responsibility of OMEGA TRADING CARGO INC acting as International Freight Forwarder will be limited.
13.2.In the event that OMEGA TRADING CARGO INC is declared responsible for the breach of its contractual obligations, the corresponding compensation will be limited to a sum equivalent to two (2) SDR (Special Drawing Rights fixed by the International Monetary Fund) per kilogram gross of damaged or lost cargo. In the event that the cargo is door-to-door courier, the value insured by the client, stipulated in the documents, will be covered, the total and accumulated compensation that OMEGA TRADING CARGO INC must pay to the CLIENT, with respect to any order and including several packages, It will not exceed CAD $ 2,000 (two thousand CANADIAN dollars).
14. Declared values
14.1.All cargo shipments shall be made without declared value. In the event that the contracting parties agree to apply a DECLARED VALUE, this shall be stated explicitly in the respective transport document (s); otherwise, in no way will the supply of information and documents by the client to OMEGA TRADING CARGO INC be understood as the Declaration of the Value of the load. The CLIENT must timely inform OMEGA TRADING CARGO of its intention to Declare the Value of its merchandise, in order to determine the corresponding operational and commercial conditions FOR EACH COUNTRY, such as freight value and related expenses, insurance policies, taxes, responsibilities .
15. Limitation of liability for acts or acts of third parties
15.1.OMEGA TRADING CARGO INC is authorized to select and contract transporters, warehouse and / or port or river operators and others, if required by the logistics operation, all of which will be considered independent entities of OMEGA TRADING CARGO INC; these third parties will be responsible for the execution of their obligations according to the applicable contractual and legal conditions. Under no circumstances will OMEGA TRADIN CARGO INC be liable for any loss, damage, expense or delay suffered by the cargo for any reason while such cargo is in the custody, possession or control of such third parties selected by OMEGA TRADING CARGO INC. The condition of representative proxy under which OMEGA TRADING CARGO INC acts shall be understood as manifested to the selected third parties by the mere mention of intervening as a Freight Forwarder (AS AGENT).
16. Responsibility of the employees of OMEGA TRADING CARGO INC
16.1.Any direct legal action against employees of OMEGA TRADING CARGO INC, whether fixed or temporary, for loss or damage of the cargo, will only be possible within the limits of liability and indemnities stipulated in this contract. In the event of joint legal action against OMEGA TRADING CARGO INC and its employees, the maximum compensation payable to the CLIENT shall not exceed that stipulated in this contract.
17. Absence of responsibility:
17.1.OMEGA TRADIN CARGO INC shall not be liable with respect to any consequential or indirect loss, such as loss of profit, loss of customers, fines, claims for losses due to depreciation or conventional fines, fluctuations in exchange rates, rate or taxes increased by the authorities whatever the cause.
17.2.In addition to the foregoing, under no circumstances will OMEGA TRADING CARGO INC. Be liable, if one or more of the following circumstances occur: a) Fault of the CLIENT or his authorized representative. b) Defective or insufficient packaging, marking, labeling or stowage or the absence thereof. c) War, rebellion, revolution, insurrection, usurpation of power, confiscation or apprehension under the orders of a government or a national or local authority. d) Detention, loss or damage caused by insurgent forces or outside the law. e) Damage caused by nuclear energy. f) Natural disasters. g) Force majeure or fortuitous event. h) Theft with or without violence. i) Damage or loss caused by own defects, hidden defects, or the nature of the load. j) Loss or damage of the cargo when it is under the physical custody of the carriers or other third parties contracted by OMEGA TRADING CARGO INC in execution of this mandate. k) Damage caused by rodents or insects, unless the fault of OMEGA TRADING CARGO INC. is proven. l) Circumstances that OMEGA TRADING CARGO INC can not avoid, consequences that it can not foresee. m) Delay in the delivery of the cargo.
18.1.The cargo travels at the CUSTOMER’s expense and risk, OMEGA TRADING CARGO INC will not contract insurance policies, unless the client so requires specifically in writing, in which case OMEGA TRADING CARGO INC will carry out said management in its capacity as Representative representative of the CLIENT.
19.1.OMEGA TRADING CARGO INC will be able to support the CUSTOMER in its claims against transporters and other third parties, hired on behalf, on behalf of the CLIENT. For such effects, it is important to bear in mind that: I) Under the legal regulations regarding air cargo transport, the time limits for claiming from the moment the merchandise arrives at its destination are: a) Looting and damage immediate form of delivery ; b) Delay: 21 calendar days; c) Total loss of the piece: 15 calendar days from the date of issue of the air waybill. II) In the case of maritime and land transport, the period to claim is 3 calendar days. Claims filed outside the aforementioned deadlines are considered untimely and may be denied by the carriers.
19.2.Without prejudice to the foregoing, the client must submit his claim to his insurance company, in accordance with the conditions of his insurance policy.
20. Payment terms
20.1.The payment OMEGA TRADING CARGO INC will be in cash.
20.2.The value of the services must be paid by the Client. Under the joint and several liability of the client, it may be agreed that said value be paid by the recipient of the cargo, as a condition prior to the release or delivery of the cargo.
20.3.The invoices issued by OMEGA TRADING CARGO INC for the value of the services rendered by it and the object of this contract, constitute an enforceable title and will become enforceable on its due date without the need for additional acceptance.
21. Exception of contract not fulfilled
21.1.OMEGA TRADING CARGO INC has the right to suspend the provision of its services and therefore order the non-delivery of the cargo, without constituting a default, in the events in which the CLIENT has not canceled all the expenses derived from the operation logistics, or those sums of money owed to OMEGA TRADING CARGO INC.
21.2.The payment by the CLIENT of the expenses derived from the logistics operation, invoiced by OMEGA TRADING CARGO INC, under no circumstances may be conditioned to any act or fact of OMEGA TRADING CARGO INC and / or employees or subcontractors.
22. The invoice
22.1.THE SALES INVOICE. – The sales invoice is not negotiable, any act of disposition on the rights incorporated in it, will not have any effect. The CUSTOMER accepts that said invoice has been filled out by OMEGA TRADING CARGO INC, in its name, that knows its content and therefore accepts it digitally and it will not be necessary to send it physically, having as an acceptance date the delivery date via electronic (E mail – Fax)
22.2.ACCEPTANCE FOR THE RECEIPT OF ELECTRONIC BILLS.
OMEGA TRADING CARGO INC. In the search to optimize and generate added value to our Clients, it makes the decision to abandon the physical invoices and enter the era of electronic invoicing. We have selected a strategic group of clients, with whom we want to have, to start this project .
Keep in mind that in the event of change of contact for him sent our electronic invoicing, it must be notified to OMEGA TRADING CARGO INC, billing area, for its corresponding update in the system.
23.1.The CLIENT commits and recognizes OMEGA TRADING CARGO INC as its freight forwarder and gives OMEGA TRADING CARGO INC exclusive rights over other agents that present freight forwarding and logistics services offers.
23.2.It is understood that OMEGA TRADING CARGO INC will be the only bidder that, during a period agreed by the two parties of this contract, will handle all of the CLIENT’s shipments.
23.3.THE CLIENT will not be able to contract with another company the services offered by OMEGA TRADING CARGO INC, in case there is an exclusivity contract
24. Single contract.
24.1.This contract regulates in an integral manner the legal relations between the CLIENT and OMEGA TRADING CARGO INC, and completely cancels and replaces any other verbal written agreement that may have existed between OMEGA TRADING CARGO INC and the CUSTOMER regarding the cargo object of this contract.
25.1.The clauses of this contract are independent of each other, and if any part of it is declared invalid it will not affect the validity or execution of compliance with any of the other parts of said contract.
26. Law and applicable jurisdiction
26.1.The Parties agree that the law applicable to the contractual relationship between OMEGA TRADING CARGO INC and the CUSTOMER is CANADIAN legislation, regardless of where the obligations are fulfilled, without prejudice to the law applicable to the contracts that OMEGA TRADING CARGO INC. celebrate with other Parties, on behalf, on behalf of the CLIENT. Given that the contract of International Freight Forwarding is of an atypical nature, the contractual relationship between OMEGA TRADING CARGO INC and the CLIENT is regulated by this contract preferably and, in the event of a vacuum, the operative norms of the “Canadian legislation, exclusively. The place of execution of the fulfillment of rights and obligations shall be that of the address of the office of OMEGA TRADING CARGO INC, which has received the instruction or any other order of services.
27. Settlement of disputes between the client and OMEGA TRADING CARGO INC
27.1. Agree that any dispute arising as a result of this contract will be decided subject to the following rules: – Direct Negotiation: The parties will seek to resolve amicably and directly the differences that arise, for which they will have a term of fifteen (15) calendar days counted from the day following the receipt of the written claim made by the party complied with the breach. – Ordinary Jurisdiction: In the event that the difference persists despite having exhausted the direct negotiation, the parties may go before the ordinary jurisdiction.