WAYBILL TERMS AND CONDITIONS APPLICABLE TO INTRA-MEXICO COURIER AND PACKAGE DELIVERY SERVICE

In this document, “FedEx,” “we,” and “our” refer to Federal Express Holdings (México) y Compañía, S.N.C. de C.V., while “you” refers to the sender whose name appears on the  front page and who has requested the services covered by the Waybill. 

Upon delivery to us of the documents and/or packages, as well as the shipping information indicated on the front page of the Waybill, you expressly agree that you have reviewed and agreed with the information you have provided to us to fill  in this Waybill and that such information is correct. You also 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 Ship 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. 

FedEx agrees to transport and deliver the shipment covered by this Waybill to the address of the recipient, and within the period, indicated in the front page  . 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 in the Waybill. For the FedEx Embarques Pesados Económico service, FedEx will make arrangements to deliver shipment within 2 to 5 business days depending on the delivery location. 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 reserves the right to provide the services either directly or through any suitable third party retained by it.

You must appropriately, correctly and safely pack the contents of the shipment in accordance with its nature, properties and attributes, and provide FedEx, with correct and complete information on the Waybill, in person or through any of our automation tools you have selected. For embarque pesado services, the shipment must be palletized and shrinkwrapped before being delivered to FedEx. If you do not state the number of packages covered by this document, it will be understood that you only delivered one package to us. FedEx reserves the right to 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 Ship Centers. You hereby declare that the following statements are true. That the contents of the shipment have been correctly declared in this Waybill 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 stated in the Reglamento para el Transporte Terrestre de Materiales y Residuos Peligrosos and other applicable regulations, unless previously approved by the competent 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 which transportation requires a specific permit or is restricted by law, unless such permit has been obtained; or any other articles or products which transportation is restricted by FedEx as set out in the Service Guide. ;

Although you may provide us with different billing instructions, you will be the principal obligor to pay and settle the total charges for our services (including any others that become payable, such as storage for reasons not attributable to FedEx, return of the shipment, declared value, multiple delivery attempts because of the absence of the addressee, etc.). FedEx reserves the right to suspend your FedEx Account in case of breach of your obligations and/or non-compliance with the operational conditions related to your shipments.   

FedEx will not be liable for: (i) acts or omissions of the shipper, consignee, or any third party, including, among others, defects or faults in wrapping, packing, marking or labeling of the shipment; (ii) violation of the terms and conditions herein contained, by the shipper or the consignee; (iii) prohibited items; (iv) failures, delays or any other situation derived from FedEx operational and/or system changes that were previously informed to you in writing or in our website at www.fedex.com/mx; (v) theft, loss or damage arising from causes not attributable to FedEx or from Acts of God, force majeure, natural disasters, public disturbances, or acts of subversive groups, guerillas, or organized crime, or any acts or omissions of government authorities, whether federal, state, or municipal. Our liability for (i) stolen, damaged, misplaced or missing contents of the shipment, (ii) lost shipment, (iii) damages of any nature, (iv)  strict liability, or for any other cause, effectively caused by FedEx, is limited to an amount equal to thirty (30) Unidades de Medida y Actualización , unless: (a) you have expressly declared and we have accepted a declaration of additional value on the appropriate line in the front page of this document , at the time of delivery to FedEx; (b) you have paid FedEx the declared value surcharge, which you may calculate in accordance with the formula described at fedex.com/mx and with the limitations indicated in Clause 7 of these Terms and Conditions. In all cases, it will be necessary for you to ascertain with reliable proof, the liability and the amount of the loss or damage suffered and submit your claim to FedEx within the period set out in Section 8 below. FedEx does not provide insurance, which you expressly acknowledge. Except for  the foregoing, FedEx does not accept any other liability for loss or damage that you may suffer. You agree that, in the event that FedEx is unable to deliver your package or shipment within 30 calendar days following the estimated delivery date, for reasons not attributable and beyond the control of FedEx, the shipper will be responsible for the accrued storage costs and, you acknowledge and expressly agree that  FedEx will have the right to dispose of the package or shipment at its sole discretion, including its destruction or donation to a recognized charitable or non-profit organization, without any liability. 

The highest declared value for each shipment that FedEx accepts is $5,500.00 Mexican Pesos for shipments tendered in an envelope provided by FedEx for documents (a FedEx Envelope) and $550,000.00 Mexican Pesos for any other shipment, except for items of extraordinary value, as defined in our Service Guide (including fine handcrafts, jewelry, gemstones and precious metals, furs, non-negotiable securities and/or antiques, etc.), with respect to which, the maximum limit will be the equivalent to USD $1,000.00 calculated according to the exchange rate published in the Diario Oficial de la Federación on the payment date.

Notwithstanding any applicable 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, ACCOMPANIED WITH ALL THE NECESSARY INFORMATION AND DOCUMENTATION REQUIRED TO PROVE THAT THE SERVICE WAS PURCHASED AND THE CHARACTERISTICS OF THE SHIPPED GOODS OR MERCHANDISE. Even though you may call our Customer Service Center at 55.5228.9904, in any case you must submit your claim in writing within the above mentioned period. FedEx will not be required 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. To be able to process your claim, having the original packaging materials readily available for our inspection will be appreciated. The packaging used for your shipment is your sole responsibility, therefore FedEx will not be responsible if the packaging used is not suitable for your shipment. You will have 5 business days to provide any missing information and/or documentation necessary for the investigation of your claim. FedEx reserves the right to request any information or document it deems necessary to carry out the investigation or payment of the claim in question. If the consignee accepts the shipment without making any notation or caveat on the delivery record, it will be assumed that the shipment was delivered to you in good condition.

FedEx reserves the right to inspect the shipment at any time as well as to allow competent authorities to carry out such inspections as they may consider appropriate. In addition, FedEx may reject or suspend the carriage of any prohibited item or shipments containing goods or merchandise that damage or may damage other shipments or which may constitute a risk to FedEx equipment, employees or third party service providers.

This Waybill may not be used to make C.O.D. (collect on delivery) shipments, which require a prior and special contract. Please refer to your FedEx account executive or customer service agent at a FedEx Ship Center.

If FedEx does not deliver the shipment within the transit time stated in the front page of this document, or in the receipt, invoice or corresponding purchase ticket and such failure is attributable to FedEx, the shipper’s exclusive remedy will be the reimbursement of the transportation charges paid to FedEx, subject to the provisions contained in the Service Guide

The above may be modified, suspended or revoked at our discretion at any time, giving notice published on fedex.com/mx, including without limitation, during peak seasons determined by FedEx. 

FedEx will not be required to refund service charges if delay in delivery was a result, in whole or in part, of any of the circumstances described in Section 6. Limitation of our liability.

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.