TERMS AND CONDITIONS OF BILL OF LADING APPLICABLE TO THE NATIONAL TRANSPORTATION AND SHIPPING SERVICES EXCLUSIVE TO THE FEDEX® TARIFA ÚNICA SERVICE.
Whenever used in this document, the terms “FedEx”, “we” and “our” refers to FedEx de México, S. de R.L. de C.V., while the term “You” refers to the person requiring the services and whose name or corporate name appears as sender in the computerized Waybill (the “Waybill”), which enclosed to the package covers the same under the same terms and conditions established below.
Likewise, FedEx® Tarifa Única refers to the type of collection for the services FedEx® Nacional Día Siguiente and FedEx® Nacional Económico only under 3 (three) packing options, that is, Envelope, Medium Box and Big Box, the foregoing according to the weight, size and prices determined depending on the type of package You select. FedEx® Tarifa Única offers a sole fee for all the national coverage areas of FedEx depending on the type of FedEx package and Service you acquire. Please refer to the coverage, weights and dimensions available for this option in the FedEx® Authorized Shipping Center in which FedEx® Tarifa Única is available or by calling 800 900 11 00.
2. Acceptance of these terms and conditions.
Upon your delivery of the documents and/or packages referred to in the Waybill and after providing us all the shipping information, You expressly accept that You have reviewed it and that the shipping information provided by You for filling in the Waybill is correct, and that You agree with it. Likewise, you agree that prior to the delivery of the documents and/or packages stated in the Waybill, You read the terms and conditions established herein and acknowledge you are aware of the same, that you understand their scope and that you read them in the FedEx® Authorized Delivery Center where FedEx® Tarifa Única is available.
In the event of any conflict between these terms and conditions and the information available for revision in the FedEx® Authorized Delivery Center where FedEx® Tarifa Única is available, the provisions established herein shall prevail. No person is authorized to amend these terms and conditions on their own or on behalf of FedEx, nor to accept any terms different to the ones established herein.
3. Freight payment of documents and packages
FedEx shall be responsible of paying the freight and delivery costs of the shipment covered by the Waybill in the domicile of the receiver and within the term established thereby. FedEx® Nacional Día Siguiente service means that FedEx shall make its best efforts to deliver the shipment at any time during the business day following to the date in which it receives the package; nevertheless, regarding any remote locations, such term shall be increased as necessary according to the provisions on the webpage www.fedex.com/mx. “FedEx® Nacional Económico” service means that FedEx shall make its best efforts to deliver the shipment during the next 2 to 5 business days, depending on the place of delivery. FedEx shall make its best efforts to obtain a delivery receipt duly signed by the recipient or by any person present at such domicile upon delivery. Regarding the rendering of the services, FedEx reserves to itself the right to use its own resources or those resources engaged with third parties considered as appropriate for such purposes.
4. Packing obligations of shipment and filling in of documents.
Please revise the coverage, weights and dimensions available for this option in the FedEx® Authorized Delivery Center where FedEx® Tarifa Única is available or by calling 800 900 11 00. Whenever electing any of the packing options available for FedEx® Tarifa Única and upon the payment of delivery of such option, you state that you previously read, is aware of and agree with the permitted dimensions and weights per each of the packing options. Likewise, You accept that FedEx® Tarifa Única does not allow the shipment of several packages, therefore, each Waybill shall correspond to only one package. You declare under oath that the contents of the package were duly stated in this document, and that it does not include any of the following items (hereinafter “forbidden shipments”): foreign lottery bills or advertisements or forbidden games of chance; materials or wastes referred to in the Regulations for Ground Transportation of Hazardous Materials and Wastes unless you obtain the corresponding authorization from the competent authority; drugs, psychotropic and narcotic drugs, unless its possession or transportation is legal according to the applicable legal provisions; fire arms or explosives; animals or perishable items whenever they do not comply with the corresponding hygiene and security conditions under the applicable laws; money or bearers’ certificates or negotiable instruments; any other item which transportation requires any specific permit or is restricted by any particular law, provided such permit is not obtained, and any other items or products restricted by FedEx and that are established in our webpage, www.fedex.com/mx.
5. Payment Responsibility
Even when you provide us different billing instructions, You shall be the main responsible of the payment and total satisfaction of any fees caused by any of our services (including any other fees that may be applicable, such as storage by causes not attributable to FedEx, the return of delivery and multiple delivery intents due to the absence of the recipient; etc.).
6. Limitation of Liability
Our liability shall be limited to any damages caused to the contents of the shipment or to its loss, and the payment of damages and loss profit of any nature caused by strict liability or by any other causes shall be limited to an amount equivalent to 30 (thirty) days of general minimum wage effective for the Mexican Republic. Except for the previous statement, FedEx shall not be liable for any damages or loss profit suffered by You. FedEx shall not be responsible of: (i) any acts or omissions of the receiver, recipient or any third party, including, among others, from any flaws or defects in the packing, wrapping, labeling or marking of the shipment; (ii) the breach with the terms and conditions established herein by the receiver or recipient; (iii) forbidden deliveries; (iv) damages and/or loss profit caused by any actions not attributable to FedEx or caused by acts of God, force majeure, natural disasters, riots or any actions performed by rebel groups, guerilla or organized crime or by any acts or omissions of any authority, whether federal, local or municipal. You accept that in the event FedEx cannot deliver your package or shipment within the 30 calendar days following the estimated delivery time due to causes not attributable to FedEx, the sender shall be responsible for all the storage expenses caused due to the foregoing, and FedEx shall be entitled to dispose of the package or deliver it, at its own discretion, including the option of destroying or donating it to a reputable private institution with no responsibility whatsoever. Likewise, upon your delivery of the package under the FedEx® Tarifa Única option, you expressly agree and acknowledge that such option does not include the possibility to pay the additional charge of declared value, which allows to increase the aforementioned liability, therefore you accept that any indemnification that may be corresponding by any of the previous events shall be done according to the provisions established herein.
Without prejudice to the legal provisions and any other applicable legal regulations, ANY CLAIMS MUST BE FILED TO FEDEX IN WRITING WITHIN 21 BUSINESS DAYS FOLLOWING THE DELIVERY DATE OF THE SHIPMENT OR THE SUPPOSED DELIVERY DATE. Even when You can reach our Client Service Department at the phone number 800.00.333.39, You shall be obliged to file your claim in writing within the aforementioned term. FedEx shall not be obliged to pay the amount of any claim, unless the fees for our services were fully paid. You are not entitled to discount any amount from the fees to be paid to FedEx due to any claim. In order to process your claim, we will appreciate you have available for revision all the packages used for shipment. In the event the recipient accepts the shipment without any note or comment in the proof of receipt, it shall be understood that the shipment was delivered in good conditions.
8. Inspection Right
FedEx reserves itself the right to inspect the shipment at any moment, as well as to allow the competent authorities to perform all the inspections deemed as necessary. Likewise FedEx reserves itself the right to reject or suspend the freight of any forbidden shipment or that contains any material that damages or might damage any other shipments or that can endanger the equipment of employees of FedEx or its contractors.
9. Devolution of service charges
In the event that due to causes attributable to Fedex, it does not timely deliver the package within the term established in the back of this document, sender shall be entitled to obtain the reimbursement of the transportation charges paid for the delivery to FedEx, subject to the provisions established herein.
10. Applicable Courts.
In the event of any controversy, the parties agree to be bound to the jurisdiction of the common courts in Mexico City, expressly waiving to any other forum that may be corresponding due to their present or future domiciles or by any other cause.