PART I: GENERAL CONDITIONS
A- "Carrier" means the Company Costa Rica Carriers that is trading under these Conditions;
B- "Customer" means any person at whose request or on whose behalf the Carrier provides a service;
C- "Authority" is a duly constituted legal or administrative person, acting within its legal powers and exercising jurisdiction within any nation, state, municipality, port or airport;
D- "Goods" includes the cargo and any Container not supplied by or on behalf of the Carrier, in respect of which the Carrier provides a service;
E- "Container" includes any container, flexitank, trailer, transportable tank, flat, pallet or any article of transport used to carry or consolidate goods and any equipment of or connected thereto;
F- "Dangerous Goods" includes goods which are or may become of a dangerous, inflammable, radio-active or damaging nature and goods likely to harbor or encourage vermin or other pests;
G- "Instructions" means a statement of the Customer’s specific requirements.
The customer warrants that in agreeing to the Terms and Conditions hereof, it is, or is in the agent and has the authority of, the owner or person entitled to the possession of the goods or any person who has a present or future interest of the goods. The customer acknowledge that the Carrier is a non-vessel operating common carrier (“NVOCC”), and that it neither owns not charter vessels, as a result of which the carrier or any sub-carrier (which may be a NVOCC) will be required to contract with an actual contract carrier to accomplish the carriage contemplated by the bill of lading as does so as agent of the customer.
3- OBLIGATION OF CUSTOMER
A-The Customer warrants that he is either the Owner or the authorized agent of the Owner of the Goods and that he is authorized to accept and is accepting these Conditions not only for himself but also as agent for and on behalf of the Owner of the Goods.
B-The Customer warrants that he has reasonable knowledge of matters affecting the conduct of his business, including but not limited to be the terms of sale and purchase of the Goods and all other matters relating thereto.
C- The Customer shall give sufficient and executable Instructions.
D-The Customer warrants that the description and particulars of the Goods are complete and correct.
E-The Customer warrants that the Goods are properly packed and labeled, except where the Carrier has accepted instructions in respect of such services.
4- SPECIAL INSTRUCTION, GOODS AND SERVICES
A- Unless otherwise previously agreed in writing, the Customer shall not deliver to the Carrier or cause the Carrier to deal with or handle Dangerous Goods.
B- If the Customer is in breach of sub-clause (A) above he shall be liable for all loss or damage whatsoever caused by or to or in connection with the Goods howsoever arising and shall defend, indemnify and hold harmless the Carrier against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith and the Goods may without notice be destroyed or otherwise dealt with at the sole discretion of the Carrier or any other person in whose custody they may be at the relevant time.
C- If the Carrier agrees to accept Dangerous Goods and then, in the opinion of the Carrier or any other person, they constitute a risk to other goods, property, life or health they may without notice be destroyed or otherwise dealt with at the expense of the Customer or Owner.
D- The Customer undertakes not to tender for transportation any Goods which require temperature control without previously giving written notice of their nature and particular temperature range to be maintained and in the case of a temperature controlled Container stuffed by or on behalf of the Customer further undertakes that the Container has been properly pre-cooled or preheated as appropriate, that the Goods have been properly stuffed in the Container and that its thermostatic controls have been properly set by the Customer. If the above requirements are not complied with the Carrier shall not be liable for any loss or damage to the Goods caused by such non-compliance.
E- Unless otherwise previously agreed in writing or otherwise provided for under the provisions of a document signed by the Carrier, instructions relating to the delivery or release of Goods against payment or against surrender of a particular document shall be in writing and the Carriers’ liability shall not exceed that provided for in respect of misdelivery of Goods.
F. Unless otherwise previously agreed in writing that the Goods shall depart or arrive by a particular date, the Carriers accepts no responsibility for departure or arrival dates of Goods.
5- GENERAL INDEMNITIES
A- The Customer and Owner shall defend, indemnify and hold harmless the Carrier against all liability, loss, damage, costs and expenses arising (i) from the nature of the Goods unless caused by the Carrier's negligence, (ii) out of the Carrier acting in accordance with the Customer's or Owner's instructions, or (iii) arising from a breach of warranty or obligation by the Customer or arising from the negligence of the Customer or Owner.
B- Except to the extent caused by the Carrier's negligence, the Customer and Owner shall be liable for and shall defend, indemnify and hold harmless the Carrier in respect of all duties, taxes, imposts, levies, deposits and outlays of whatsoever nature levied by any Authority and for all payments, fines, costs, expenses, loss and damage whatsoever incurred or sustained by the Carrier in connection therewith.
C- Advice and information, in whatever form it may be given, are provided by the Carrier for the Customer only, and the Customer shall defend, indemnify and hold harmless the Carrier for all liability, loss, damage, costs and expenses, arising out of any other person relying on such advice or information.
D- (i) The Customer undertakes that no claim be made against any servant, sub-contractor or agent of the Carrier which imposes or attempts to impose upon any of them any liability whatsoever in connection with the Goods, if any such claim should nevertheless be made, to indemnify the Carrier against all consequences thereof.
(ii) Without prejudice to the foregoing, every such servant, sub-contractor or agent shall have the benefit of all provisions herein, as if such provisions were expressly for their benefit. In entering into this contract the Carrier, to the extent of those provisions, does so not only on his behalf, but as agent and trustee for such servants, sub-contractors and agents.
(iii) The Customer shall defend, indemnify and hold harmless the Carrier from and against all claims, costs and demands whatsoever and by whomsoever made or preferred in excess of the liability of the Carrier under the terms of these
Conditions and without prejudice to the generality of this clause this indemnity shall cover all claims, costs and demands arising from or in connection with the negligence of the Carrier, its servants, sub-contractors and agents.
(iv) In this clause, "sub-contractors" includes direct and indirect sub-contractors and their respective servants and agents.
(E) The Customer shall be liable for the loss, damage, contamination, soiling, detention or demurrage before, during and after the Carriage of property (including, but not limited to, Containers) of the Carrier or any person or vessel referred to in (D) above caused by the Customer or Owner or any person acting on behalf of either of them or for which the Customer is otherwise responsible.
A-The Customer shall pay to the Carrier in cash or as agreed all sums immediately when due without deduction or deferment on account of any claims, counterclaim or set-off.
B- When the Carrier is instructed to collect freight, duties, charges or other expenses from any person other than the Customer, the Customer shall be responsible for the same on receipt of evidence of demand and non-payment by such other person when due.
C- On all amounts overdue to the Carrier, the Carrier shall be entitled to interest, to be known 1.5% monthly over the total amount and during the period that such amounts are overdue.
7- CARRIER’S LIBERTIES AND RIGHTS
The Carrier shall be entitled, except insofar as has been otherwise agreed in writing, to enter into contracts on behalf of itself or the Customer and without notice to the Customer:
A- for the carriage of Goods by any route, means or person,
B- for the carriage of Goods of any description whether containerized or not on or under the deck of any vessel,
C- for the storage, packing, transshipment, loading, unloading or handling of Goods by any person at any place whether on shore or afloat and for any length of time,
D- for the carriage or storage of Goods in Containers or with other goods of whatever nature,
E- for the performance of its own obligations, and to do such acts as in the opinion of the Carrier may be necessary or incidental to the performance of the Carrier's.
A- The Carrier shall be entitled but under no obligation, to depart from the Customer's instructions in any respect if in the opinion of the Carrier there is good reason to do so in the Customer's interest and it shall not thereby incur any additional liability.
B- The Carrier may at any time comply with the orders or recommendations given by any Authority. The responsibility of the Carrier in respect of the Goods shall cease on the delivery or other disposition of the Goods in accordance with such orders or recommendations.
C- If delivery of the Goods or any part thereof is not taken by the Customer or Owner at the time and place when and where the Carrier, or any person whose services the Carrier makes use of, is entitled to call upon the Customer or Owner to take delivery thereof, the Carrier or such other person shall be entitled to store the goods in the open or under cover at the sole risk and expense of the Customer.
9- GENERAL LIABILITY
Except insofar as otherwise provided by these Conditions, the Carrier shall not be liable for any loss or damage whatsoever arising from:
A- the act or omission of the Customer or Owner or any person acting on their behalf,
B- compliance with the instructions given to the Carrier by the Customer, Owner or any other person entitled to give them,
C- insufficiency of the packing or labeling of the Goods except where such service has been provided by the Carrier,
D- handling, loading, stowage or unloading of the Goods by the Customer or Owner or any person acting on their behalf,
E- inherent vice of the Goods,
F- riots, civil commotion, strikes, lockouts, stoppage or restraint of labor from whatsoever cause,
G- fire, flood or storm, or
H- any cause which the Carrier could not avoid and the consequences whereof it could not prevent by the exercise of reasonable diligence.
10- LIMITATION OF LIABILITY
A- Air Carriage:
Except in so far as otherwise provided by these Conditions, the liability of the Carrier, howsoever arising, and notwithstanding that the cause of loss or damage be unexplained shall not exceed in respect of all claims the value of USD 10 per gross kilogram and in no event shall the Carrier's liability exceed USD 2.000 per event or events arising from a common cause for air shipments and.
B- Sea Shipping:
Except as otherwise in this clause or elsewhere on the bill of lading, in case of any loss or damage to or in connection with the cargo exceeding in actual value the equivalent of $500 per package, or in case of cargo not shipped in packages, per shipping unit, the value of the cargo shall be deemed to be $500 per package or per shipping unit. The Carriers liability if any, shall be determined on the basis of the value of $500 per package or per shipping unit or pro rata in case of partial loss or damage, unless the nature of the cargo and valuation higher than $500 per package or per shipping unit shall have been declared by the merchant before shipment and inserted on the bill of lading, and extra freight paid is required. In such case, if the actual value of the cargo per package or per shipping unit shall exceed such declared value, the value shall never less be deemed to be declared value and the Carrier’s liability, if any, shall not exceed the declared value. The words “shipping unit” shall mean each physical unit (a.g. container, bundle, pallet, etc.)or piece of cargo not shipper in a package, including articles or things of any description whatsoever, except cargo shipped in bulk.
11- NOTICE OF LOSS, TIME BAR
A- The Carrier shall be discharged of all liability unless notice of any claim is received in writing with support documents by the Carrier or its agent within 8 business days after the date specified in (B) below,.
B- in the case of loss or damage to Goods, the date of delivery of the Goods,
12- GENERAL AVERAGE
The Customer shall defend, indemnify and hold harmless the Carrier in respect of any claims of a General Average nature, which may be made on the Carrier and the Customer shall provide such security as may be required by the Carrier in this connection.
PART II: CARRIERS AS AGENT
13- SPECIAL LIABILITY AND INDEMNITY CONDITIONS
A- To the extent that the Carrier acts as an agent, the Carrier does not make or purport to make any contract with the Customer for the carriage, storage or handling of the Goods nor for any other physical service in relation to them and acts solely on behalf of the Customer in securing such services by establishing contracts with third parties so that direct contractual relationships are established between the Customer and such third parties.
B-The Carrier shall not be liable for the acts and omissions of such third parties referred to in sub-clause (A) above.
C-The Carrier when acting as an agent has the authority of the Customer to enter into contracts on the Customer's behalf and to do such acts so as to bind the Customer by such contracts and acts in all respects notwithstanding any departure from the Customer's instructions.
D- Except to the extent caused by the Carrier's negligence, the Customer shall defend, indemnify and hold harmless the Carrier in respect of all liability, loss, damage, costs or expenses arising out of any contracts made in the procurement of the Customer's requirements.
14- CHOICES OF RATES
Where there is a choice of rates according to the extent or degree of liability assumed by persons carrying, storing, handling the Goods, no declaration of value where optional will be made unless otherwise agreed in writing.
PART III: CARRIER AS PRINCIPAL
15- SPECIAL LIABILITY CONDITIONS
A- To the extent that the Carrier contracts as principal for the performance of the Customer's instructions, the Carrier undertakes to perform or in its own name to procure the performances of the Customer's instructions and subject to the provisions of these Conditions shall be liable for the loss of or damage to the Goods occurring from the time that the Goods are taken into its charge until the time of delivery.
B- Notwithstanding other provisions in these Conditions, if it can be proved where the loss of or damage to the Goods occurred, the Carrier's liability shall be determined by the provisions contained in any national law, the provisions of which
(i)- cannot be departed from by private contract, to the detriment of the claimant, and
(ii)- would have applied if the claimant had made a separate and direct contract with the actual provider of the particular service in respect of that service or stage of carriage where the loss or damage occurred and received as evidence thereof any particular document which must be issued if such national law shall apply.
C- Notwithstanding other provisions in these Conditions, if the loss of or damage to the Goods occurred at sea or on inland waterways, and the Owner, Charterer or operator of the vessel establishes a limitation fund, the liability of the Carrier shall be limited to the proportion of the said limitation fund allocated to the Goods.
E- Air Carriage
If the Carrier acts as a principal in respect of a carriage of Goods by air, the following notice is hereby given:
If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and the Convention governs and in most cases limits the liability of carriers in respect of loss of or damage to cargo. Agreed stopping places are those places (other than the places of departure and destination) shown under requested routing and / or those places shown in carriers' timetables as scheduled stopping places for the route.
The address of the first carrier is the airport of departure.
14. GOVERNING LAW
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject to the jurisdiction of the courts of, and governed by the law of Costa Rica.
Cafta Aprobado por Costa Rica, el 7 de octubre del 2007, a través de un Referéndum.
Para ver la información completa sobre el CAFTA ingresar al siguiente link
Tratado de Libre Comercio entre Centroamérica y Chile, Ley 8055 del 4 de enero del 2001, publicada en la Gaceta No. 42 del 28 de febrero del 2001, vigente a partir del 15 de febrero del 2002.