These terms and conditions of service constitute a legally binding contract between the "Company" and the "Customer". In the event, the Company renders services and issues a document containing Terms and Conditions governing such services, the Terms and
Conditions set forth in such other document(s) shall govern those services.
(a) By "Company" it shall mean Ecuador Trans Air- Cargo consolidation S.A.
(b) By "Customer" it shall mean the person for which the Company is rendering service, as well as its principals, agents and/or representatives, including, but not limited to, shippers, importers, exporters, carriers, secured parties, warehousemen, buyers and/or sellers, shipper's agents, insurers and underwriters, break-bulk agents, consignees, etc. It is the responsibility of the Customer to provide notice and copy(s) of these terms and conditions of service to all such agents or representatives;
(c) By "Documentation" it shall mean all information received directly or indirectly from Customer, whether in paper or electronic form;
The Customer shall be deemed to be bound by and to warrant the accuracy of all marks, weights, numbers, brands, contents, quality, descriptions, values and other particulars of any goods furnished to the Company and the Customer agrees to indemnify the Company against all costs incurred by the Company arising from any inaccuracy or omission even if such an inaccuracy or omission is not due to any negligence.
(d) By "Third parties" it shall include, but not be limited to, the following: "carriers, truck men, cart men, lighter men, forwarders, customs brokers, agents, warehousemen and others to which the goods are entrusted for transportation, cartage, handling and/or delivery and/or storage or otherwise".
2. The company as an agent
The Company acts as the "agent" of the Customer for the purpose of performing duties in connection with the entry and release of goods, entry services, the filing of documentation on behalf of the Customer for arranging for transportation services or other logistics services in any capacity other than as a carrier.
3. Limitation of Actions
(a) Unless subject to a specific statute or international convention, all claims against the Company for a potential or actual loss, must be made in writing and received by the Company, within seven (7) days of the event giving rise to claim; the failure to give the Company timely notice shall be a complete defense to any suit or action commenced by Customer.
(b) All suits against Company must be filed and properly served on Company as follows:
(1) For claims arising out of air transportation, within two (1) year from the date of the loss;
(2) For any and all other claims of any other type, within one (1) year from the date of the loss or
4. No Liability for the Selection or Services of Third Parties and/or Routes
The Company do not assume responsibility or liability for any actions(s) and/or inaction(s) of such third parties and/or its agents, and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in the custody or control of a third party or the agent of a third party; all claims in connection with the Act of a third party shall be brought solely against such party and/or its agents; in connection with any such claim, the Company shall reasonably cooperate with the Customer, which shall be liable for any charges or costs incurred by the Company. All deliveries are conditional.
5. Quotations Not Binding
Quotations as to fees, rates of duty, freight charges or other charges given by the Company to the Customer are for informational purposes only and are subject to change without notice; no quotation shall be binding upon the Company unless the Company in writing agrees to undertake the handling or transportation of the shipment at a specific rate or amount set forth in the quotation and payment arrangements are agreed to between the Company and the Customer.
6. Reliance On Information Furnished
(a) Customer acknowledges that it is required to review all documents prepared and/or filed and will immediately advise the Company of any errors, discrepancies, incorrect statements, or omissions on any document or other submission filed on Customers behalf;
(b) In preparing and submitting documentation and/or other required data, the Company relies on the correctness of all documentation, whether in written or electronic format, and all information furnished by Customer; Customer shall use reasonable care to ensure the correctness of all such information and shall indemnify and hold the Company harmless from any and all claims asserted and/or liability or losses suffered by reason of the Customer's failure to disclose information or any incorrect, incomplete or false statement by the Customer or its agent, representative or contractor upon which the Company reasonably relied. The Customer agrees that the Customer has an affirmative non-delegable duty to disclose any and all information required to import, export or enter the goods.
7. Declaring Value
Third parties to whom the goods are entrusted may limit liability for loss or damage; the Company will request excess valuation coverage only upon specific written instructions from the Customer, which must agree to pay any charges, therefore; in the absence of written instructions or the refusal of the third party to
8. Disclaimers; Limitation of Liability.
(a) Except as specifically set forth herein, Company makes no express or implied warranties in connection with its services;
(b) The Company's liability shall be limited to the following:
The Company shall not under any circumstances be liable for any costs resulting from any statement made by the Company or as to the classification or liability for or amount, scale, or rate of any tax, duty or charge applicable to any goods.
The Company shall not be liable for any loss or damage to any goods unless the loss or damage occurs while the goods are in the actual custody of the Company and under its actual control or the loss or damage is due to the willful neglect or default of the Company or its servants or agents.
All goods are forwarded or dealt with at the owner's risk and no declaration of value shall be made for the purpose of extending liability.
The Company shall not be liable in tort, contract or otherwise for any loss or damage to or misdeliver or failure to deliver or delay in delivery of goods or for any damage or damages arising from loss of market or attribution to delay in forwarding or failure to carry out the instructions given to it (not amounting to willful negligence).
The materials on Ecuador Trans Air-Cargo Consolidation S.A.'s web site are provided "as is". Ecuador Trans Air-Cargo Consolidation S.A. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Ecuador Trans Air-Cargo Consolidation S.A. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Ecuador Trans Air-Cargo Consolidation S.A. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials Ecuador Trans Air-Cargo Consolidation S.A.'s Internet site, even if Ecuador Trans Air-Cargo Consolidation S.A. or an Ecuador Trans Air-Cargo Consolidation S.A. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
9. Revisions and Errata
The materials appearing on Ecuador Trans Air-Cargo Consolidation S.A.’s web site could include technical, typographical, or photographic errors Ecuador Trans Air-Cargo Consolidation S.A. does not warrant that any of the materials on its web site are accurate, complete, or current. Ecuador Trans Air-Cargo Consolidation S.A. may make changes to the materials contained on its web site at any time without notice. Ecuador Trans Air-Cargo Consolidation S.A. does not, however, make any commitment to update the materials.
10. Advancing Money
All charges must be paid by Customer in advance unless the Company agrees in writing to extend credit to customer; the granting of credit to a Customer in connection with a particular transaction shall not be considered a waiver of this provision by the Company.
The Company may cancel orders in respect of any undelivered goods or may withhold delivery of future orders if the Customer’s account exceeds the credit terms set by the Company.
11. C.O.D. or Cash Collect Shipments
Company shall use reasonable care regarding written instructions relating to "Cash/Collect on Delivery (C.O.D.)" shipments, bank drafts, cashier's and/or certified checks, letter(s) of credit and other similar payment documents and/or instructions regarding collection of monies but shall not have liability if the bank or consignee refuses to pay for the shipment.
12. Costs of Collection
In any dispute involving monies owed to Company, the Company shall be entitled to all costs of collection, including reasonable attorney's fees and interest at 1.5% per month or the highest rate allowed by law, whichever is less unless a lower amount is agreed to by Company. If Customer breaches the promise to pay Company in a timely fashion, then the resulting damages would be impracticable or extremely difficult to determine, because of the state of the economy and rapidly fluctuating interest rates. Because of the difficulty in determining the damages resulting from the Customer’s failure to pay Company in a timely fashion, the parties agree that, in the event of such a breach, Customer shall pay the sum of one and a half percent (1.5%) per month for all sums due to Company as liquidated damages. In the event, the legal interest rate in the state in which Customer is domiciled is higher the interest rate in that state shall govern.
13. Indemnification/Hold Harmless
The Customer agrees to indemnify, defend, and hold the Company harmless from any claims and/or liability, fines, penalties and/or attorneys' fees arising from the importation or exportation of customers merchandise and/or any conduct of the Customer, including but not limited to the inaccuracy of entry, export or security data supplied by Customer or its agent or representative, which violates any laws, and further agrees to indemnify and hold the Company harmless against any and all liability, loss, damages, costs, claims, penalties, fines and/or expenses, including but not limited to reasonable attorney's fees, which the Company may hereafter incur, suffer or be required to pay by reason of such claims; in the event that any claim, suit or proceeding is brought against the Company, it shall give notice in writing to the Customer by mail at its address on file with the Company.
14. General Lien and Right to sell Customer's property
(a) Company shall have a general and continuing lien on any and all property of Customer coming into Company's actual or constructive possession or control for monies owed to Company with regard to the shipment on which the lien is claimed, a prior shipment(s) and/or both;
(b) Company shall provide written notice to Customer of its intent to exercise such lien, the exact amount of monies due and owing, as well as any on-going storage or other charges; Customer shall notify all parties having an interest in its shipment(s) of Company's rights and/or the exercise of such lien. Company’s general lien shall survive discharge or delivery of the goods.
Whether the consignment is collect or prepaid, freight is deemed as being due on shipment and shall be considered as then earned and shall be paid, cargo delivered or not delivered, lost or not lost.
To guaranteeing payment of the monies owed, plus all storage charges accrued or to be accrued the Company shall have the right to sell such shipment(s) at public or private sale or auction and any net proceeds remaining thereafter shall be refunded to Customer.
Perishable goods which are not immediately uplifted by the customer on arrival or which are insufficiently addressed for delivery may be sold or otherwise disposed of at the discretion of the Company without notice to the customer and payment or tender of the net proceeds on any such sale after deduction of all charges shall be equivalent to delivery.
All Costs incurred in the recovery of overdue and outstanding debts whether by solicitor or debt collection agency shall be payable by the Customer.
15. No duty to maintain records for Customer
Customer acknowledges that it has the duty and is solely liable for maintaining all records required under the Laws and Regulations; unless otherwise agreed to in writing, the Company shall only keep such records that it is required to maintain, but not act as a "recordkeeper" or "recordkeeping agent" for Customer.
16. No Modification or Amendment Unless Written.
These terms and conditions of service may only be modified, altered or amended in writing signed by both Customer and Company; any attempt to unilaterally modify, alter or amend same shall be null and void.
17. Compensation of Company
The compensation of the Company for its services shall be included with and is in addition to the rates and charges of all carriers and other agencies selected by the Company to transport and deal with the goods and such compensation shall be exclusive of any brokerage, commissions, dividends, or other revenue received by the Company from carriers, insurers and others in connection with the shipment.
The company, upon recovery by the Company, the Customer shall pay the expenses of collection and/or litigation, including a reasonable attorney fee.
18. Force Majeure
Company shall not be liable for losses, damages, delays, wrongful or missed deliveries or nonperformance, in whole or in part, of its responsibilities under the Agreement, resulting from circumstances beyond the control of either Company or its sub-contractors, including but not limited to:
(i) Acts of God, including flood, earthquake, storm, hurricane, power failure or another natural disaster; (ii) War, hijacking, robbery, theft or terrorist activities;
(iii) Incidents or deteriorations to means of transportation,
( iv) Embargoes,
(v) Civil commotions or riots,
(vi)Defects, nature or inherent vice of the goods;
(vii) Acts, breaches of contract or omissions by Customer, Shipper, Consignee or anyone else who may have an interest in the shipment,
(viii) Acts by any government or any agency or subdivision thereof, including denial or cancellation of any import/export or other necessary licenses; or
(ix) Strikes, lockouts or other labor conflicts.
In the event any Paragraph(s) and/or portion(s) hereof is found to be invalid and/or unenforceable, then in such event, the remainder hereof shall remain in Full force and effect. Company's decision to waive any provision herein, either by conduct or otherwise, shall not be deemed to be a further or continuing waiver of such provision or to otherwise waive or invalidate any other provision herein.
20. Governing Law
These conditions and all agreements between the Company and the Customer shall be governed by Ecuadorian law and any dispute between the Company and the Customer shall be within the exclusive jurisdiction of the Ecuadorian Courts.
CARRIAGE BY AIR
- If goods are carried by air to an ultimate stop destination in a country other than the country of departure, all carriage is subject to the terms and conditions of the master carrier's air waybill(s) (the master carrier being the actual airline(s) or its servant, agent, contractor or sub-contractor, or the servant, agent, contractor, sub-contractor of the Company) in which the Warsaw convention may be applicable. The Convention governs and in most cases limits the liability of the Company in respect of loss or damage to such goods.
- Where goods are carried by air, no declaration of value by the client to increase the Company’s liability or the liability of any other person or persons under the Carriage by Air Act 1935, will be made except on express instructions are given in writing by the customer and accepted by the Company.