Terms and Conditions - Domestic Services
BILL OF LADING TERMS AND CONDITIONS APPLICABLE TO INTRA-MEXICO COURIER AND PACKAGE DELIVERY SERVICE
1. Definitions. In this document, “FedEx,” “we,” and “our” refer to Federal Express Holdings (Mexico) and Company, S.N.C. de C.V., while “you” refers to the sender whose name appears on the front and who has requested the services covered by this document.
2. Acceptance of these terms and conditions. Upon delivery to us of the documents and/or packages indicated on the front, you expressly accept the terms and conditions contained herein and those that appear on the FedEx Service Guide, which you acknowledge to be familiar with and have consulted on our webpage:www.fedex.com/mx or at any of our Customer Service Centers. If there is a conflict between the FedEx Service Guide and this document, the FedEx Service Guide in effect on the date we receive your shipment will control. No one is authorized to modify such terms and conditions on behalf of or as a representative of FedEx or to accept others that are different from those contained herein.
3. Carriage of documents and/or packages. FedEx agrees to transport and deliver the shipment covered by this document to the address of the recipient, and within the period, indicated on the front. Next day service means that FedEx will do its best efforts to deliver the shipment within the day following the date on which it was received; nevertheless, in remote locations, this period may be extended as necessary, as set out on the front of this document. FedEx will make its best efforts to obtain a delivery record signed by the addressee or someone at the address at the time of delivery. FedEx may provide the services either directly or through any third party retained by it, as it may deem fit under the circumstances.
4. Packing shipment and completing documentation.You must properly pack the contents of the shipment, and correctly complete this document. If you do not state the number of packages covered by this document, it will be understood that you only delivered to us one package. FedEx may verify the true weight of the shipment and, if necessary, adjust the rate applicable to the shipment in accordance with the rates in force on the date on which FedEx received the package (these may be found on our webpage:www.fedex.com/mx or at any of our Customer Service Centers. You state, under affirmation to tell the truth, that the contents of the shipment have been correctly declared in this document and that it does not contain any of the following items (“prohibited items”): tickets or advertising materials for foreign lotteries or prohibited games of chance; materials or waste to which the Transport by Land of Hazardous Materials and Waste Regulations apply, unless with the previous approval of the appropriate authorities; drugs whether hallucinogenic or narcotic unless their possession and transportation is lawful; firearms or explosives; animals or perishable items that do not comply with the safety and hygienic requirements imposed by law; money or bearer or otherwise negotiable instruments; any other item whose transportation requires a specific permit or is restricted by law, unless such permit has been obtained; or any other articles or products whose transportation is restricted by FedEx as set out in the Service Guide.
5. Obligation to pay. Although you may provide us with different billing instructions, you will be the principal person obligated to pay the total charges for our services (including any others that become payable, such as storage for reasons not the fault of FedEx, return of the shipment, additional declared value, multiple delivery attempts because of the absence of the addressee, etc.).
6. Limitation of our liability. Our liability for damage to the contents of the shipment or its loss, for loss or damage of any nature, for absolute liability, or for any other reason, is limited to an amount equal to thirty (30) days of the daily minimum wage for the Federal District, unless: (a) you have expressly declared and we have accepted a declaration of additional value on the appropriate line on the front of this document, at the time of delivery to FedEx; (b) you have paid to FedEx the charge for the additional value. In all cases, it will be necessary for you to prove, in a legally unquestionable manner, the amount of the loss or damage suffered and submit your claim to FedEx within the period set out in Section 8 below. FedEx is not providing any insurance, something that you expressly acknowledge. With the exception of the foregoing, FedEx does not accept any other liability for loss or damage that you may suffer. FedEx will also not be liable for: (i) acts or omissions of the sender, addressee, or any third party, including, among others, defects or faults in wrapping, packing, marking or labeling the shipment; (ii) violation of the terms and conditions contained herein, by the sender or the addressee; (iii) prohibited items; (iv) loss and/or damage arising from causes not the fault of FedEx or from Acts of God, force majeure, natural disasters, public disturbances, or acts of subversive groups, guerillas, or organized crime, or for any other acts or omissions of government authorities, whether federal, state, or municipal.
7. Declaration of additional value and limits. The highest declared value for each shipment that FedEx accepts is Pesos $5,500 for shipments tendered in an envelope provided by FedEx for documents (a FedEx envelope) and Pesos $550,000 for any other shipment, except for items of extraordinary value, as defined in our Service Guide (including fine handicrafts, jewelry, precious stones and metals, furs, non-negotiable securities, and antiques, etc.), with respect to which, the maximum limit will be Pesos $5,500.
8. Claims.Without prejudice to what may be provided by law, ALL CLAIMS MUST BE SUBMITTED TO FEDEX IN WRITING WITHIN THE 21 CALENDAR DAYS FOLLOWING THE DATE OF DELIVERY OF THE SHIPMENT OR THE ESTIMATED DATE OF DELIVERY. Even though you may call our Customer Service Department at telephone number 01-800-900-1100, in any case you must submit your claim in writing within the period above mentioned. FedEx will not be obligated to pay any claim unless the charges for our services have been totally paid. You will have no right to deduct any amount with respect to a claim from the charges to be paid to FedEx. For us to be able to process your claim, we would appreciate your having handy for our inspection the original shipping packing. If the addressee accepts the shipment without making any notation or exception on the delivery record, it will be assumed that the shipment was delivered in good condition.
9. Right to inspect. FedEx may inspect the shipment at any time and may permit government authorities to carry out such inspections as they may consider appropriate. FedEx, in addition, may reject or suspend the carriage of any prohibited items or one that contains materials that damage or may damage other shipments or that may constitute a risk to FedEx equipment or employees or to those of its service providers.
10. C.O.D. Services.This document may not be used to make C.O. D. (cash-on-delivery or return) shipments.
11. Reimbursement of Charges. If FedEx does not deliver the shipment within the stated transit time and such failure is the fault of FedEx, the sender may obtain reimbursement of the transportation charges paid to FedEx, subject to the provisions contained in the Service Guide.
12. Jurisdiction. In the event of any dispute, the parties submit to the jurisdiction of the common courts of Mexico City, waiving any other jurisdiction that may apply by reason of their domiciles, present or future, or for any other reason.