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Dacotrans, Logística de Transporte

Cargo transport
to or from Costa Rica,
by ocean, land o air.

Terms and Conditions

All business transactions with DACOTRANS DE CENTROAMERICA S.A. are subject to the follows terms and conditions:

Definitions

"Company" shall mean DACOTRANS DE CENTROAMERICA S.A., it subsidiaries, related companies, agents and/or representative.

"Customer" shall mean the person for whom the Company is rendering service, as well as its agents and/or representatives, included but not limited to, shippers, importers, exporters, carriers, secured parties, warehousemen, buyers and/or sellers, shipper's agent, 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.

"Documentation" shall mean all information received directly or indirectly from Customer, whether in paper or electronic form

"Ocean Transportation Intermediaries" (OTI) shall include Ocean Freight Forwarder and a Non-Vessel Operating Carrier

"Third Parties" shall include, but not limited to carriers, truckmen, cartmen, lightermen, forwarders, O.T.I s, customs brokers, agents, warehousemen and other to which the goods are entrusted for transportation, cartage, handling and/or delivery and/or storage or otherwise.

Company as 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, post entry services, the securing of export licenses, the filing of export documentation on behalf of the Customer and other dealing with Government Agencies. As to all other services, Company acts as an independent contractor.

Services by Third Parties

Unless the Company carries, stores or otherwise physically handles the shipment, and loss, damage, expense or delay occurs during such activity, the Company assumes no liability as a carrier and is not to be held responsible for any damage, expense or delay to the goods to be forwarded or imported except as provided below and subject to the limitation below, but undertakes only reasonable care in the selection of carrier, truck men, lightermen, forwarders, customs brokers, agents, warehousemen and others to whom it may entrust the goods for transportation, cartage, handling and/or delivery and/or storage or otherwise. When a company carrier, stores or otherwise physically handles the shipment, it does so support the limitation of liability set forth below unless a separate Bill of Lading, waybill or other contract of carriage is issued by the Company, in which event the terms thereof shall govern.

Liability Limitations of Third Parties

Unless otherwise specifically instructed by the Customer, the Company is authorized and shall take reasonable care in selecting carriers, truckmen, lightermen, forwarders, customs brokers, agents, warehousemen and others, as required, to transport, store, handle and deliver the goods, all of whom are considered agents of the Customer, and the goods may be entrusted to such agencies subject to all conditions as to limitation of liability for loss, damage, expense or delay and to all rules, regulations, requirements and conditions, whether printed, written or stamped, appearing in bills of lading, receipts or tariffs issued by such carriers, truckmen, lightermen, forwarders, customs brokers, agents, warehousemen and others. The company shall under no circumstances be liable for any loss, damage, expense or delay to the goods for any reason whatsoever when said goods are in custody, possession or control of third parties selected by the Company to forward, enter and clear, transport or render other services with respect to such goods.

Choosing Routes and/or Agents

The Company has complete freedom in choosing the means of route and procedure to be followed in the handling, transportation and delivery of the goods unless specific instructions are put in writing by the customer and forwarded to the Company. Notification by the Company to the Customer that a particular person or firm has been selected to render services with respect to the goods shall not be construed to mean that the Company warrants or represents that such a person or firm will render services.

Quotation Not Binding

Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by the Company to the Customer are not binding and are for informational purposes only and are subject to changes without notice; no quotation shall be binding upon the Company unless the Company agrees in writing to undertake the handling or transportation of the shipment at a specific rate or amount set forth in quotation and payment arrangements are agreed to between the Company and the Customer.

Duty to Furnish Information

On an import at a reasonable time prior to entering of the goods for U. S. Customs, the Customer shall furnish to the Company invoices in proper form and other documents necessary or useful in the preparation of the U.S. Customs entry and, also, such further information as may be sufficient to establish, inter alia, the dutiable value, the classification, the country of origin, the genuineness of the merchandise and any mark or symbol associated with it, the Customer's right to import and/or distribute the merchandise, and the merchandise's admissibility, pursuant to U. S. law or regulation. If the Customer fails in a timely manner to furnish such information or documents, in whole or in part, as may be required to complete U.S. Customs entry or comply with U.S. laws or regulations, or if the information or documents furnished are inaccurate or incomplete, the Company shall be obligated only to use its best judgment in connection with the shipment and in no instance shall be charged with knowledge by the Customer of the true circumstances to which such inaccurate, incomplete, or omitted information or document pertains. Where a bond is required by U. S. Customs to be given for the production of any document or the performance of any act, the Customer shall be deemed bound by the terms of the bond notwithstanding the fact that the bond has been executed by the Company as principal, it being understood that the Company entered into such undertaking at the instance and on behalf of the Customer, and the Customer shall indemnify and hold the Company harmless for the consequences of any breach of the terms of the bond. On an export at a reasonable time prior to the exportation of the shipment the Customer shall furnish to the Company the commercial invoice in proper form and number, a proper consular declaration, weights, measures, values and other information in the language of and as may be required by the laws and regulations of the U. S. and the country of destination of the goods. On an export or import the Company shall not in any way be responsible or liable for increased duty, penalty, fine or expense unless caused by the negligence or other fault of the Company, in which event its liability to the Customer shall be governed by the provisions of below paragraphs. The Customer shall be bound by and warrant the accuracy of all invoices, documents and information furnished to the Company by the Customer or its agent for export, entry or other purposes and the Customer agrees to indemnify and hold harmless the Company against any increased duty, penalty, fine or expense including attorneys' fees, resulting from any inaccuracy, incomplete statement, omission or any failure to make timely presentation, even if not due to any negligence of the Customer.

Declaring Higher Value to Third Parties

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 instruction from the Customer, which must agree to pay any charges; in the absence of written instructions or the refusal of a third party to agree to a higher decaled value, at Company's discretion, the goods may be tendered to the third party, subject to the terms of the third party's limitations of liability and/or terms and conditions of service.

Insurance

Unless requested to do so in writing by the Customer, the Company is under no obligation to procure insurance on Customer's behalf, in all cases, the Customer shall pay all premiums and costs in connection with procuring requested insurance.

Limitation of Liability for Loss, etc.

Except as specifically set forth herein, the Company makes no express or implied warranties in connection with its services. The Customer agrees that in connection with any and all services preformed by the Company, the Company shall only be liable for its negligent acts, which are the direct and proximate cause of any injury to the Customer, including loss or damage to the Customer's goods, and the Company shall in no event be liable for the acts of third parties. In connection with all services preformed by the Company, the Customer may obtain additional liability coverage, up to the actual or declared value of the shipment or transaction, by requesting such coverage and agreeing to make payment therefore, which request must be confirmed in writing by the Company prior to rendering services for the covered transaction. In the absence of additional coverage, the Company's liability shall be limited to the following:

  • Where the claim arises from activities relating to "Customs Business," $50.00 per entry or the amount of brokerage fees paid to the Company for the entry, which ever is less.
  • The Company will not be liable or responsible for consequential, indirect incidental, statutory or punitive damages even if it has been put on notice of the possibility of such damages.
  • Where the claim arises from "International Air Exportation," the weight will be taken into account in determining the Company's limits of liability. $9.07 per pound or $20.00 per kilo.
  • The Company will not be liable or responsible for any loss, damage or delay due to an "Act of God."
  • Where the claim arises from "Domestic Business," the weight will be taken into account in determining the Company's limits of liability. $50.00 minimum or $0.50 per pound.
  • The Company will not be liable or responsible for any loss, damage or delay due to an "Act of God."

Presenting Claims

In the case of total loss or visible damage, the Company shall not be liable for any claim not presented in writing within 7 days from the date of delivery or arrival date, in the case of total loss. In the case of concealed damage, the Company shall not be liable for any claim not presented in writing within 14 days of date of delivery; no suit to recover for any claim or demand hereunder shall be maintained against the Company unless instituted within six (6) months after the presentation of the said claim or such longer period provided for under statute of the State having jurisdiction of the matter.

Advancing Money

All charges must be paid by the Customer in advanced unless the Company agrees in writing to extend credit to the Customer; the Company shall not consider the granting of credit to the Customer in connection with a particular transaction a waiver of this provision.

Indemnification/Hold Harmless

The Customer agrees to indemnify, defend, and hold the Company harmless from any claims and/or liability arising from the importation or exportation of the Customers merchandise and/or any conduct of the Customer, which violates any Federal, State and/or other local laws, and further agrees to indemnify and hold the Company harmless against any and all liability, loss, damage, costs, claims 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.

C.O.D. or Cash Collect Shipments

The company shall use reasonable care regarding written instruction relating to "Cash/Collect" or "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.

Cost of Collection

In any dispute involving monies owed to the Company, the Company shall be entitled to all costs of collection, including reasonable attorney's fees and interest at 15% per annum or the highest rate allowed by law, whichever is greater, unless a lower amount is agreed to by the Company.

General Lien and Right to Sell the Customer's Property

The Company shall have a general and continuing lien on any and all property of the Customer coming into the Company's actual or constructive possession or control for monies owed to the Company with regard to the shipment on which the lien is claimed, a prior shipment and/or both. The Company shall provide written notice to the 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. The Customer shall notify all parties having an interest in its shipment of the Company's right and/or the exercise of such lien. Unless, within thirty days of receiving notice of lien, the Customer posts cash of letter of credit at sight, or, if the amount due is in dispute, an acceptable bond equal to 110% of the value of the total amount due, in favor of the Company, 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 at public or private sale or suction and any net proceeds remaining after shall be refunded to the Customer.

No Responsibility for Governmental Requirements

It is the responsibility of the Customer to know and comply with the marking requirements of the U. S. Customs Service, the regulations of the U. S. Food and Drug Administration, and all other requirements, including regulations of Federal, state and/or local agencies pertaining to the merchandise. The Company shall not be responsible for action taken or fines or penalties assessed by any governmental agency against the shipment because of the failure of the Customer to comply with the law or the requirements or regulations of any governmental agency or with a notification issued to the Customer by any such agency.

No Duty to Maintain Records for the Customer

The Customer acknowledges that pursuant to Sections 508 and 509 of the Tariff Act, as amended, (19 USC &1508 and 1509) it has the duty and is solely liable for maintaining all records required under the Customs and/or other Laws and Regulation of the United States; unless otherwise agreed to in writing, the Company shall only keep such records that it is required to maintain by Statute and/or Regulation, but not to act as a record keeper or record keeping agent for the Customer.

Loss, Damage or Expense Due to Delay

Unless the services to be performed by the Company on behalf of the Customer are delayed by reason of the negligence or other fault of the Company, the Company shall not be responsible for any loss, damage or expense incurred by the Customer because of such delay. In the event the Company is at fault, as aforesaid, its liability is limited in accordance with provisions in the above paragraphs.

Obtaining Binding Rulings, Filing Protests, etc.

Unless requested by the Customer in writing and agreed to by the Company in writing, the Company shall by under no obligation to undertake and pre or post Customs release action, including, but not limited to, obtaining binding rulings, advising of liquidations, filing of petitions and/or protests, etc.

Preparation and Issuance of Bills of Lading

Where the Company prepares and/or issues a bill of lading, the Company shall be under no obligation to specify the number of pieces, packages and/or cartons, etc; unless specifically requested to do so in writing by the Customer or its agent and the Customer agrees to pay for same, the Company shall rely upon and use the cargo weight supplied by the Customer.

No Modification or Amendment Unless Written

These terms and condition of service may only be modified, altered or amended in writing signed by both the Customer and the Company. Any attempt to unilaterally modify, alter or amend shall be null and void.

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. On ocean exports, upon request, the Company shall provide a detailed breakout of the components of all charges assessed and a true copy of each pertinent document relating to these charges. In any referral for collection or action against the Customer for monies due the Company, upon recovery by the Company, the Customer shall pay the expenses of collection and/or litigation, including a reasonable attorney fee.

Severability

In the event that any Paragraph(s) and/or portions hereof is found to be invalid and/or unenforceable, then in such even the remainder hereof shall remain in full force.

Governing Law; Consent to Jurisdiction and Venue

These terms and conditions of service and the relationship of the parties shall be construed according to the laws of the State of Virginia without giving consideration to principals of conflict of law.

Customer and Company

Irrevocable consent to the jurisdiction of the United States District Court and the State courts of Virginia; agree that any action relating to the services performed by the Company, shall only be brought in said court; consent to the exercise of in personam jurisdiction by said courts over it, and Further agree that any action to enforce a judgement may be instituted in any jurisdiction.

Approved by the National Customs Brokers and Forwarders Associate of America (Revised 01/00)



PBX: (506) 4000-8400 · Fax: (506) 4000-8401
400 metros norte de Construplaza, Oficentro Latitud Norte, Guachipelín, Escazú, Costa Rica
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