Definitions

In this Air Waybill, "we," "our," "us," and "FedEx" refer to Federal Express Corporation, its subsidiaries, affiliates, and controlled entities, and their respective employees, agents, and contractors. "You", "your" refers to the Sender and its employees, officers and agents. If your shipment originates outside the United States, your contract of carriage is with the FedEx subsidiary, affiliate, controlled entity or third party contractor that originally accepted your shipment.

"Package" means any package or envelope accepted by us for delivery, including any and all items delivered to us through our automated systems, records, manifests or air waybills. "Shipment" means all packages delivered to us and accepted by us on a single Air Waybill. By delivering your shipment to us, you agree, regardless of whether or not you have signed the face of this Air Waybill, either by yourself or as an agent or agent of another person who has an interest in this shipment, to all provisions of this NON-NEGOTIABLE Air Waybill, and as appropriate to all terms of the contract of carriage signed between FedEx and you to cover this shipment,  and with any applicable fare, and with our current Service Guide or our Standard Conditions of Carriage, copies of which will be available upon request If there is a conflict between the rules contained in this Air Waybill and the documents referred to above, the Contract for the Provision of Carriage Services shall prevail, respectively, in order of priority, the Contract for the Provision of Carriage Services,  the fare, the Service Guide or the Standard Conditions of Carriage. No one is authorized to alter or modify the conditions of this Agreement. This Air Waybill will become a binding agreement on our part when the shipment is accepted; we may mark this Air Waybill with an employee's identification number as our signature, or our company name printed on this Air Waybill will be sufficient to constitute our signature.

Your Obligations

You warrant that each item contained in the shipment is properly itemized on this Air Waybill and on any export document accepted by us for carriage, and that the shipment is properly marked, labeled, addressed, and packaged in a manner that ensures safe transportation under normal handling conditions. You are responsible for all charges and possible surcharges, customs duties and taxes, including the costs of prepayment thereof by us, government penalties and fines, our attorneys' fees and fees, and any legal expenses related to this shipment.

Air Transport Notification

IF THE CARRIAGE OF YOUR SHIPMENT BY AIR INVOLVES A FINAL DESTINATION OR A STOP IN A COUNTRY OTHER THAN THE COUNTRY OF DEPARTURE, THE WARSAW CONVENTION AND ITS SUBSEQUENT AMENDMENTS AND PROTOCOLS (COLLECTIVELY THE "WARSAW CONVENTION") WILL APPLY AND ITS ARTICLES WILL GOVERN AND LIMIT OUR LIABILITY FOR LOSS,  DAMAGE, DELAY, DEFICIENCY, MISDELIVERY, NON-DELIVERY, MISINFORMATION, OR LACK OF INFORMATION ABOUT YOUR SHIPMENT.

In certain countries, the Warsaw Convention limits our liability to US$9.07 per pound (US$20.00 per kilogram) (or the equivalent in national currency), UNLESS YOU DECLARE A HIGHER VALUE FOR CARRIAGE, as described below. No intermediate stopping points are agreed upon when handing over your shipment to FedEx, and we reserve the right to send the shipment through the route we deem most appropriate.

Notification of Transportation by Land

Shipments transported in part or wholly by land – whether or not there is an explicit agreement to carry out such carriage – within, to, or from a country that is a party to the Convention on the Contract for the International Carriage of Goods by Land (the "CMR"), are subject to the clauses and conditions of the CMR, notwithstanding any other legal provisions contained in this Air Waybill to the contrary,  except for the limitations of liability set forth herein, which shall remain applicable to those referenced in the CMR.

Limits of Legal Liability

If not governed by the Warsaw Convention, the CMR, or any other international treaty, law, governmental resolutions or regulations, orders or requirements, our liability for loss, damage, delay, deficiency, non-delivery, misdelivery, misinformation or lack of information about the shipment is limited by this Air Waybill to the maximum of US$ 100 per shipment or US$ 9.07 per pound (US$ 20.00 per kilogram) (or the equivalent in national currency),  whichever is higher, unless you declare a higher value for the shipment as specified below.

If you declare a higher value for the shipment, you must pay an additional charge on each $100 USD (or equivalent in national currency) calculated based on the declared value for transportation. Please contact us or check our current price list for an explanation of the additional charges.

If you declare a higher value for carriage and pay the additional charge, our maximum liability will be the declared value for carriage or your actual damages, or whichever is less. We do not provide insurance covering all the risks inherent in the transport, in relation to the cargo transported.

Declared Value Limits

The maximum value declared to customs of the contents of the FedEx or FedEx Pak Envelope, regardless of destination, is $500, and the maximum value for transportation is $100 or $9.07 per pound, whichever is greater. Goods whose customs value (actual or declared) exceeds $500 should not be shipped in a FedEx or FedEx Pak Envelope. If you ship more than one package on the same Air Waybill, the declared value for carriage of each parcel will be determined by dividing the total declared value for carriage by the number of parcels contained in the shipment.

For other types of shipments (packages or cargo) that contain all or part of the following items are limited to a maximum declared value for carriage of $1,000 per shipment or $9.07 per pound, whichever is greater. The importation of any of the items below may be prohibited by certain countries, and a lower declared value limit set by a country will prevail over this limit for such items:

1. Works of art, including any work created or developed through the application of skill, taste or creative talent for sale, exhibition or collection. This includes, but is not limited to, items (and parts thereof) such as paintings, drawings, vases, tapestries, limited edition prints, fine art, statuary, sculptures, and collector's items.
2. Film, photographic images (including photographic negatives), photographic stickers and photographic slides.
3. Any commodity which, by its very nature, is particularly susceptible to damage or whose market value is particularly variable or difficult to determine.
4. Antiques, or any merchandise that exhibits the style or fashion of a bygone era and whose history, age, or rarity contributes to its value. These items include, but are not limited to, furniture, tableware, and glassware.
5. Glazing, including, but not limited to, plates, mirrors, ceramics, porcelain, crockery, crystal, glass, framed glass, and any other merchandise with similar fragile characteristics.
6. Plasma screens.
7. Jewelry, including, but not limited to, costume jewelry, watches and parts thereof, gems or mounted stones (precious or semi-precious), industrial diamonds, and jewelry made of precious metal.
8. Furs, including, but not limited to, fur garments, fur-finished garments, and treated furs.
9. Precious metals, including, but not limited to, gold and silver bars or powders, precipitates or platinum (except as an integral part of electronic equipment).
10. Stocks, bonds, cash remittance letters, or cash equivalents, including, but not limited to, food stamps, postage stamps (not collectible), traveler's checks, lottery tickets, money orders, gift cards and gift certificates, prepaid calling cards and credit cards (excluding those requiring secure code for activation), bond coupons, and bearer bonds.
11. Alcohol stamps and tax stamps.
12. Collector's items such as coins, stamps, sports cards, souvenirs, and memorabilia.
13. Guitars and other musical instruments that are more than 20 years old, as well as customized or personalized musical instruments.
14. Scale models (including, but not limited to, architectural models and dollhouses) and prototypes.

Responsibilities Not Assumed

SUBJECT TO THE CONDITIONS OF CONTRACT CONTAINED IN THIS AIR WAYBILL, ANY APPLICABLE FARE, OUR SERVICE GUIDE OR OUR STANDARD CONDITIONS OF CARRIAGE, UNDER ANY CIRCUMSTANCES, WE WILL NOT BE LIABLE FOR ANY DAMAGE IN EXCESS OF THE DECLARED VALUE, OR US$ 100, OR US$ 9.07 PER POUND (US$ 20.00 PER KILOGRAM) (OR THE EQUIVALENT IN NATIONAL CURRENCY),  WHICHEVER IS GREATER, WHETHER SUCH DIRECT OR INDIRECT, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES OR LOST PROFITS, REGARDLESS OF WHETHER OR NOT WE WERE AWARE THAT SUCH DAMAGES COULD OCCUR.

We will not be liable for acts or omissions on your part, including, but not limited to, misdeclaration of cargo, improper or insufficient packaging, insufficient protection, mismarking, or misaddressing of the shipment, or for the acts or omissions of the recipient or any other person with an interest in the shipment. Similarly, we will not be liable if you or the recipient breaches any of the provisions of our agreement. We will not be liable for loss, damage, delay, deficiencies, non-deliveries, misdeliveries, misinformation, or lack of information regarding remittance of money, currency, or any other prohibited item.

We will not be liable for loss, damage, delay, deficiency, non-delivery, misdelivery, misinformation, or lack of information about your shipment, caused by events beyond our control, including but not limited to, force majeure, air hazards, weather or weather conditions, mechanical delays, acts of public enemies, war, strikes, civil disturbances,  or acts and omissions of public officials (including customs or public health officials) with actual or presumed authority.

No Warranties

We do not make any warranties, express or implied.

Claims for Loss, Damage or Delay

ALL COMPLAINTS MUST BE MADE IN WRITING AND WITHIN STRICT DEADLINES. FOR MORE DETAILS, PLEASE CHECK OUR APPLICABLE RATE, OUR SERVICE GUIDE, OR OUR STANDARD CONDITIONS OF CARRIAGE.

The right to compensation for damages will lapse unless an action is brought within two (2) years of the date of delivery of the shipment or the date the shipment should have been delivered.

Within twenty-one (21) days after notifying FedEx of the claim, this must be documented and sent to us with all relevant information regarding the matter. We are not obliged to take any action on any claim until all payments for carriage have been made; The amount related to the claim cannot be deducted from the amounts owed to us.

If the consignee receives the consignment without making any statement about any damage or damage, the consignment will be deemed to have been received, for all legal purposes, in good condition. In order for us to ascertain the merits of a claim for damage, the original contents, packaging and wrapping of the shipment must be made available to us for inspection.

Right to Inspect

Your shipment may, at our option or at the request of government authorities, be opened and inspected by us or such authorities at any time.

Responsibility for Payment

Even if you give us different payment instructions, you will always be primarily responsible for all charges, including payment for transportation and freight costs, any additional charges, customs charges, covering all applicable taxes and duties, including costs related to the prepayment of such customs expenses incurred by us, governmental sanctions and fines,  tax fines or penalties and our attorneys' fees and any legal expenses related to this shipment. You will also be responsible for any expenses we may incur if we have to return your shipment or for the storage of your shipment while it is unavailable.

Invoices for billing for FedEx Services ("Service Invoices") will be issued daily by FedEx and must be paid by you within seven (7) days of their issuance.

Invoices may be contested within thirty (30) days of their issuance, exclusively in the disputed amount, which will have the collection suspended until investigation and regularization between the parties, and the remaining and uncontroversial amount of the invoice will be fully due within the original term, without suffering any type of suspension, under penalty of being charged a fine of 2% (two percent) and default interest of 1% (one percent) per month and monetary correction for the purpose of the invoice. Die rat. 

After a period of thirty (30) days from its issuance without the indication, by the Contracting Party, of any possible divergences in the amounts posted on its invoice, it will be considered correct and fully accepted by the Contracting Party, without the possibility of any type of subsequent dispute.

Customs Clearance

By delivering this shipment to us, you hereby appoint us as your agent, and the consignee, specifically to execute the customs clearance of the shipment and certify us as a consignee with authorization to designate a customs broker to effect the respective customs clearance. In some cases, local authorities may require additional documentation confirming our appointment. It is your responsibility to provide the appropriate documentation and confirmation when requested.

You are responsible for ensuring that you are aware of and that you are complying with all applicable laws, rules and legal provisions, including but not limited to customs laws, import, export and re-export laws, governmental provisions of any country to, from, through, or through which the shipment may be transported. You agree to provide such information and to complete and attach to this Air Waybill all documents deemed necessary to comply with such laws, rules and provisions. We assume no liability to you or any other person for any loss or expense resulting from your failure to comply with these provisions.

You are also responsible for all charges, including transportation and freight charges, and any additional charges, customs charges, covering all applicable taxes and duties, including costs related to the prepayment of such customs charges incurred by us, government penalties and fines, tax fines or penalties, and our attorneys' fees, and any legal expenses related to this shipment.

Export Control

You authorize FedEx to act as your shipping agent for export control and customs purposes. You hereby certify that all statements and information contained in this Air Waybill, as well as those contained in any documents relating to the export, are true and correct. In addition, you acknowledge that civil and criminal penalties, including forfeiture, may be imposed for misrepresentation or fraudulent misrepresentation; violation of any U.S. Export Law, including but not limited to 13 U.S.C. Sec. 305, 22 U.S.C. Sec. 401, 18 U.S.C. Sec. 1001, and 50 U.S.C. App. 2410; or for violation of any export laws or rules of other countries.

Letter of Instruction

If you fail to complete all documentation required for carriage or if the documents you submit to us are not appropriate for the services or destination requested, you hereby authorize us, where permitted by law, to complete, correct, or replace the documents for you, at your expense. However, we are not obliged to do so. If a replacement Air Waybill form is required to complete the delivery of your shipment, and if we complete such document, the conditions of this Air Waybill will continue to prevail. We are not liable to you or anyone else for our actions on your behalf under this provision.

Items not acceptable for shipping

We do not accept the carriage of cash (including, but not limited to, currencies, negotiable instruments equivalent to cash, such as stocks, any instrument representing credits, securities or the like). WE ARE NOT RESPONSIBLE FOR SHIPMENTS OF SUCH ITEMS THAT ARE ACCEPTED IN ERROR. Other items may be accepted for carriage only to limited destinations or under restricted conditions. We reserve the right to reject packages based on these limitations or for safety or security reasons, as well as those prohibited by law and regulations. You may refer to our Service Guide, or our Standard Conditions of Carriage, or any applicable tariff for more specific details.

If any provision contained or referred to in this Air Waybill is in contravention of any applicable international treaty, law, governmental provision, order or requirement, such provision shall continue in effect as part of our agreement unless it does not prevail. The invalidity or unenforceability of any provision shall not affect any other provision or provision contained in this Air Waybill.

Unless otherwise indicated, the Shipper's address indicated on the face of this Air Waybill shall be the place of execution and the place of departure, and the Consignee's address, also indicated on the face of this Air Waybill, shall be the place of final destination. Unless otherwise noted, Federal Express Corporation, P.O. Box 727, Memphis, TN, U.S.A. 38194, is the first carrier of this shipment.

Money-back guarantee policy for shipping and delivery times

Effective January 8, 2024, FedEx will reinstate its applicable money-back guarantee for payers based in Latin America and the Caribbean (LAC), shipping to/from and within LAC (Export/Import), using the following international services: FedEx International First® (IF), FedEx International Priority (IP), FedEx International Priority®® Express (IPE),  FedEx International Priority® Freight (IPF) and FedEx International Priority® Direct Distribution (IPD).

We offer a money-back guarantee for our services¹. This warranty may be suspended, modified, or revoked in our sole discretion without notice.

A. Money-back guarantee. For LAC-based payers, FedEx, in its sole discretion, will refund or credit, at Customer's request, the applicable transportation charges to the applicable invoice only in the event that FedEx delivers a shipment 60 seconds or more after the stated delivery time. This money-back guarantee is your exclusive remedy in the event of a service failure to recover all or part of FedEx's charges for a shipment. If the money-back guarantee is suspended, there will be no recourse or recovery of charges for a service failure. Delivery times may be suspended, modified, or revoked at our sole discretion without notice. There are no delivery times for shipments where the money-back guarantee is suspended.

B.Limitations. The following limitations apply:

1. Credits for transportation expenses shall be applied only to the payer's account, and reimbursements shall be made only in the name of the payer.
2. In FedEx's sole discretion, the money-back guarantee may not be honored when the claim is made by a third party, or the information used to determine the status of the package is determined by a third party other than the payer of the charges.
3. Only one refund or credit is allowed per package. For multi-package shipments, this money-back guarantee applies to each package in the shipment. If a service failure occurs on any package in the shipment, a refund or credit will be issued only for that portion of the transportation charges applicable to that package. For FedEx International Priority Direct Distribution (IPD) shipments, the money-back guarantee is prorated based on the quantity and weight of the packages in the shipment in cases where delivery is not completed on time. 
4. A credit or refund will be applied in accordance with our money-back guarantee policy for the shipping cost that gave rise to the credit.
5. An exact delivery time commitment can only be obtained by contacting International Customer Service and providing the following information:
   • Goods shipped
   • Date of remittance
   • Exact destination
   • Remittance weight
   • Remittance Value
6. Any transit time published in the FedEx Service Guide or elsewhere, or quoted by the Customer Service Department, without the five data required above, is only an estimate and not a delivery time commitment. You agree that our records relating to the delivery times quoted shall constitute conclusive proof of such quotations. 
7. If the sender or recipient requests delivery after the original delivery time before the first delivery attempt, the delivery commitment time for the application of the money-back guarantee policy will be adjusted according to the requested delivery date and/or time. However, the money-back guarantee may not apply to certain shipments for which the recipient has requested modification or customization of delivery using FedEx-approved methods.
8. If the sender or recipient has informed FedEx that the delivery location is closed on a certain day or at a certain time, the delivery commitment time for the application of the money-back guarantee policy will be the next business day after the delivery time of the service originally selected.
9. This money-back guarantee does not apply to requests for invoice adjustments based on overcharges or shipments to PO Box addresses acceptable for delivery.
10. The money-back guarantee for shipments destined for our extended service areas applies only to the portion of the transportation provided directly by FedEx. 
11. This money-back guarantee applies only to transportation charges from payers based in Latin America and the Caribbean and does not apply to duties, taxes, and other charges, including customs clearance service charges.
12. Holidays in international destinations may affect our transit times. Please contact International Customer Service for information on delivery times that may be affected by these holidays. Deliveries scheduled to be made on the day of a holiday will be rescheduled for the next business day. The delivery commitment for the application of the money-back guarantee policy will be extended for a period equivalent to the duration of the holiday.

C. Exceptions. FedEx will not be obligated to refund or credit your transportation charges if:

1. We provide you with proof of on-time delivery, consisting of the date and time of delivery and, if applicable, the name of the person who signed for the shipment, or service exception information that reflects that the failure to deliver on time was due to the circumstances described in the "Liabilities Not Assumed" section.
2. The failure to service resulted, in whole or in part, from any of the circumstances described in the "Responsibilities Not Assumed" section.
3. The payer's FedEx account number is not in good credit standing, or the payment instructions are not valid, and delivery is delayed until payment is agreed.
4. The shipment is scheduled for delivery during the seven calendar days prior to Christmas via any FedEx Express or FedEx Express Freight international service and delivered by the end of the day of the published delivery time for the selected service and destination.
5. The consignment cannot be delivered or is returned.
6. The shipment contains dangerous goods or dry ice.
7. The shipment is delayed due to an incorrect address or the unavailability or refusal of a suitable or qualified person to receive the delivery or sign for the package.
8. The shipment is delayed due to customs or regulatory delays, including but not limited to any delay resulting from meeting notice or advance notification requirements.
9. The delay in delivery is due to compliance with FedEx policies on the payment of duties and taxes prior to customs clearance or at the time of delivery.
10. Incorrect FedEx tracking numbers are applied to the package or shipment in question by customers using FedEx electronic shipping devices.
11. Complete recipient information is not provided at the time of delivery to FedEx. Complete recipient information must be provided on the air waybill or through a FedEx electronic shipping device.
12. You do not book an international shipment of cargo as required. 

D. Refund or Credit Requests. To be entitled to a refund or credit due to a service failure, you must notify us of the service failure and request a refund or credit of your transportation fees, fulfilling the conditions below. If you fail to comply with these conditions, you will not be entitled to a refund or credit and will not be able to recover costs for a service failure in any other action.

1. You can request reimbursement or credit of transportation expenses for service failures in the following ways:
   1. Using our FedEx Billing Online app in fedex.com/br, if you are a registered user; or
   2. Submit your request through the invoice adjustment function on the fedex.com/br website; or 
   3. Submit the request through our FedEx Customer Service team by calling the designated local telephone number available on the fedex.com/br website.
2. Your notification of a service failure must include the FedEx account number, if available, the FedEx tracking number, and the date of shipment.
3. All requests for reimbursement or credit of transportation expenses must be received through one of the approved channels within 15 calendar days from the date of invoice or within 15 calendar days from the date of shipment, if paid by credit card or if prepaid in cash,  check or money order.
4. Partial payment of an invoice is not considered an invoice adjustment request or refund request notice. A notification of the reason for an unpaid charge along with your payment is not considered an invoice adjustment request or refund request notice if the reason is related to a service failure. 

^{1 Offer void where prohibited by law.}

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