This document reports on the terms and conditions of the services provided by Humboldt Cargo S.A., which are understood to be an integral part of the provision of logistics brokerage services Contract to be signed withhired by exporters. Hence, it is essential that, as a client of Humboldt Cargo S.A., you may read these terms and conditions that will serve as a framework for the contractual relationship.
I. Humboldt Cargo S.A.
It is a Cargo and Freight Forwarder Agency registered, certified and authorized by the National Customs Service (SNA), the General Directorate of Civil Aeronautics (DGAC), and the International Air Transport Association (IATA).
It provides logistic intermediation services between exporters and air transport companies, performing shipping of goods abroad, issuing the necessary documents for this purpose, and informing the client about the whole process.
Humboldt Cargo S.A. is neither an export company nor a contractual or documentary air carrier. It is not authorized to offer, nor does it had the means to provide air transport services by itself, nor does it participate in the execution of the transportation itself. Humboldt Cargo S.A. performance is purely an intermediary activity. Contracting parties in air transportation are always carrier and exporter. Any mention of Humboldt Cargo S.A. as shipper or forwarder in any transport document, such as in an Airwaybill, is only for complying with the documentary requirements of the Airline companies, but it does not imply to assume any contractual role which are alien to the Agency, neither in its rights nor in its obligations.
Therefore, Humboldt Cargo S.A. always acts on behalf of, in the name of, at the expense and risk of the exporter who has contracted its services (or whoever represents its rights).
II. The exporting client:
It is the one who hires the services of Humboldt Cargo S.A., and has the following obligations:
- Participate in the preparation of the export program along with Humboldt Cargo S.A. team, which must contain details of the operation.
- Comply with the export program that is elaborated together with Humboldt Cargo S.A., giving detailed instructions regarding the operation, such as dates, nature of the cargo, eventual special cares which have to be necessarily informed to air Carrier, and fulfill documents that may be necessary to issue.
- Make timely delivery of the goods, properly packed and provide all the documentation required to complete the exportation, such as the export invoice.
- Give immediate notice of any problems concerning the shipment, especially upon arrival and/or delivery to consignee.
- Finance the exportation, paying opportunely to Humboldt Cargo S.A. all the informed costs and fees, and especially paying the whole freight to Carrier. In the event that the goods are shipped without prior payment of the freight to carrier, the exporter must pay it anyway, even in the event that the goods may suffer a damage (without prejudice to subsequent actions for compensation against the carrier company). Otherwise, IATA will charge the payment of such freight to Humboldt Cargo S.A., in its capacity as proven accredited intermediary, under penalty of being declared in default for that Association, and its accreditation being removed, which would prevent it from providing its services, with all the economic damage that this may cause. If the exporter does not comply with the payment of the freight, the debt will generate the maximum interest allowed by law, which will be enforceable in addition to any possible further damages.
Airport charges may be invoiced after departure of the flights due to the time lag that occurs with the invoicing of the warehouses.
III. Special care:
It is the responsibility of the exporting customer to instruct Humboldt Cargo S.A. about the special care to be reported to air carriers.
Not every special care is accepted or carried out by air carriers. This is the case of temperature ranges, which usually is not accepted by airlines to be included in the Air waybills or they do not undertake to respect them during the flights, arguing that the cargo compartments of the aircrafts are not designed to comply with such ranges.
The exporting customer must be aware of this circumstance and find out what their cargo could be exposed to. Humboldt Cargo S.A. does not handle thermographs, but If if the exporter does, it is at his own expense and it does not imply any obligation for Humboldt Cargo S.A. In order to guarantee that certain temperature ranges are applied, there is always the choice to hire an “Envirotainer” service from a third party or from those airlines that offer that service, which clearly involves an additional cost.
IV. Estimated shipping and arrival times:
The exporting customer should bear in mind that in the case of goods, it is usual for air carriers not to be bound to fulfill exact days and times of departure and arrival, especially in high season (October to December) of each year. The same applies if connecting flights are involved.
Hence, air carriers use the following acronyms in their itineraries:
- ETD (Estimated Time of Departure)
- ETA (Estimated Time of Arrival)
In this sense, air Carriers often may justify some delays. In addition, some other situations may delay an exportation:
- Cargo may be subject to physical or document controls by airport authority, Customs, agricultural entity, livestock control or any other authority at origin, destination or at connecting airports, which sometimes leads to miss a flight.
- Because of aircraft distribution, and therefore safety, air carriers may choose to offload or unload cargo.
V. Dangerous goods:
Humboldt Cargo S.A. is in charge of issuing the necessary certificates when a dangerous goods shipment is requested. It also involves an additional cost to be paid by the exporting client.
VI. Claims for damages against the air Carrier.
- Any damage caused to the goods as a consequence of air transportation, including those originated by non-respect of special care, is of the exclusive responsibility of the air carrier(s), and in no case of Humboldt Cargo S.A.
- Air carriers are entitled to limit the amount of their compensation according to the weight of the cargo, in accordance with the “Convention for the Unification of Certain Rules Relating to International Carriage by Air on May 28th 1999, in Montreal”, also known as the “Montreal Convention 1999”. This may mean that in the event of damage of the goods, the compensation may be only partial. The exporting customer, knowing this circumstance, has always the option of taking out a cargo insurance against damage, in order to be indemnified in the event of any circumstance may affect the shipment.
- Both the exporter client and Humboldt Cargo S.A. will be coordinated for this effect, in order to present a timely claim to the air carrier of any irregularity, delay or damage to the cargo when required by law.
- In case of a judicial action of indemnification of damages that the exporter client, or whoever represents his rights, initiates against the air carrier, Humboldt Cargo S.A. will have to provide all the pertinent antecedents for the acquaintance and resolution of such action.
- Humboldt Cargo S.A. is not an “Agent” of the air carrier in the terms of article 30 Nº1 of the Montreal Convention 1999