Terms and Conditions
1. Generals and Definitions
1.1. Service Order: Document issued by THE CLIENT that includes all the related information of each shipment informed to RADIXER in the Letter instructions.
1.2. Logistics Service: RADIXER, being a logistics operator, has contracts with different Service Providers (CARRIERS) with which it works to give its customers the optimal options for the shipment of their goods. RADIXER covers the freight transport needs of its customers by coordinating one or more carriers so that the client's merchandise travels safely, in the time and manner required by THE CLIENT. In addition, RADIXER is responsible for the coordination of collections, documentation, and monitoring of shipments to their destination, as well as management of any claim of THE CLIENT.
1.3. Carriers: All those service providers contracted by RADIXER to move the goods of THE CLIENT either by land, air, or sea, national, local, and international.
1.4. Letter instructions: Document donate THE CLIENT provides RADIXER with all the data of the origin, destination and level of service and characteristics of the shipment.
1.5. Shipment Scheduling: That activity conducted by RADIXER consisting of the programming of equipment to collect the goods of THE CLIENT.
1.6. Programmed units: The cargo transport units contracted by RADIXER required by THE CLIENT for the execution of the transfer of goods of THE CLIENT.
1.7. Merchandise or Goods: products to be transported duly identified covered with their corresponding documentation and that do not exceed the capacity of the requested units. Merchandise shall not be understood as any illicit product in accordance with the political constitution of the United Mexican States and those that are prohibited from being transported by the service providers ("THE CARRIERS") of RADIXER.
1.8. Consignment Note: Instrument, whose requirements are established by the Commercial Code, the Law of Roads Bridges and Federal Motor Transport and other applicable laws, which establish the instructions and conditions to conduct the Land Cargo Transport applicable from January 1, 2022, as a collection between THE CARRIERS and RADIXER.
1.9. Route: Route between the addresses of origin and destination that THE CLIENT designates. Origin and Destination are the collection and delivery points that THE CLIENT will designate under agreement with his client.
1.10. Limitation of Liability.
1.10.1. Title of the goods. Unless otherwise specified in an Addendum, title to the Goods shall always remain with THE CUSTOMER and shall not pass to RADIXER under any circumstances.
1.10.2. Maximum Liability: Except as specifically provided in an Annex, the maximum liability of RADIXER for THE CLIENT, derived from or related to the loss or damage of goods shall not exceed the amounts of liability contracted by RADIXER with THE CARRIERS that it uses in each case to transport the goods of THE CLIENT. RADIXERCd. Juárez, Chih. (656) 344 3040 firstname.lastname@example.org not be liable for delays, losses or damages of any kind that occur while the Products are under the care, custody, or control of any third party. "Carriers" as used herein includes, but is not limited to, carriers, storekeepers, forwarders, shipping brokers, customs brokers, brokers, or agents who are entrusted with goods for transportation, handling, delivery and/or storage. All claims relating to acts of a third party shall be brought against the third party. RADIXER will manage the said claims to be able to indemnify the Client in accordance with the contracts established with each of them. Sometimes, the Carriers have a basic insurance for a minimum insurance coverage in each shipment. However, not all Carriers have this option. THE CUSTOMER may obtain additional protection that exceeds the basic insurance of the Carriers, for the actual or declared value of the Goods, shipping, or transaction, by written request in the letter instructions and the payment of an additional charge before the provision of the Services. THE CUSTOMER waives all subrogation rights on behalf of its insurers for any loss or damage more than the standard Limits of Liability of RADIXER service providers set forth in their contracts. In the Insurance section of these terms and conditions, the operation of these will be address.
1.10.3. The parties agree that, in case of order, damage or delay, for no reason RADIXER or its CARRIERS, will be responsible for direct or indirect prejudices caused to the sender or the recipient or to any third party, including in this any limitation: Loss of sales, profits, interest on expected profits or loss of market share. Likewise, the parties agree that neither RADIXER nor THE CARRIERS shall not be liable for Loss, damage, missed delivery, non-delivery or delayed delivery of the goods caused by: a) Fortuitous Event, force majeure or other cause beyond the control of RADIXER or its CARRIERS, b) By acts or provisions of any authority; (c)Incorrect or incomplete information on the address of the addressee; d) e) Electrical or magnetic damage, erasure or any other damage to electronic, photographic or recorded images of any kind; e) Use "THE CLIENT" or its "SUPPLIERS" an insufficient or inadequate packaging or packaging.
1.10.4. Confidentiality of information. Due to the nature of the service that RADIXER will provide to THE CLIENT and for the proper execution of this, it may be the case that both parties exchange information that they consider as "Confidential Information". The Party receiving such Confidential Information shall not disclose such Information and shall exercise the same degree of care to prevent its disclosure as it employs with respect to its own Confidential Information, or no less than reasonable care. Confidential information does not include information that: (a) is now known or in the future is made public without violation of these Terms and Conditions, (b) is known since prior to disclosure without the obligation to preserve confidentiality; (c) was received by a third party without a legal obligation to preserve confidentiality; (d) was developed independently by the beneficiary, or (e) is authorized to be disclosed by the disclosing party. In addition, if the beneficiary receives a court or other subpoena requiring disclosure of confidentialCd. Juárez, Chih. (656) 344 3040 email@example.com from the disclosing party, the recipient may comply with the demand, in which case it will inform the disclosing Party to allow disclosure in a reasonable time so that the party can rely on it.
1.11. Force Majeure Events. "Force Majeure Event" means any event beyond the control of RADIXER, including but not limited to: acts of war, acts of public enemies, terrorist attacks, government orders related to the foregoing, insurrections, riots, sabotage, earthquakes, floods, acts of God, embargoes, laws, labor disputes (including strikes, lockouts, labor actions or boycotts), fires, explosions or failures in electrical power, or in equipment that controls heat, light, air conditioning or communications. To the extent that the performance of either Party (except payment obligations) is excluded or delayed by a "Force Majeure Event", such performance shall be excused for the time required by such Force Majeure Event. If RADIXER or any of the "Carriers" takes unusual steps to protect the Goods of THE CLIENT due to a Force Majeure Event, the client must pay for storage or other similar charges associated with such efforts.
1.12. Independent contractor. RADIXER is an independent contractor. Except as set forth in a duly authorized Power of Attorney, RADIXER shall not remain as an agent or in a joint venture with THE CLIENT, and RADIXER shall have no authority to act on behalf of THE CLIENT.
1.14. Hazardous materials, dangerous goods, and other regulated goods. Unless RADIXER expressly agrees in an Addendum to handle, receive, accept, ship, transport, store or arrange for the handling, disposal, storage or transportation of: (a) any type of hazardous materials, or Products containing hazardous materials, or (b) any type of Goods that may be regulated by a governmental body, entity or agency in countries in which the Services are provided ("Dangerous or Regulated Goods"), it is agreed that THE CUSTOMER warrants that nothing in these Terms and Conditions contemplates or requires RADIXER, its affiliates, or subcontractors to handle, receive, accept, ship, transport, store or organize the handling, disposal, storage or transport of any dangerous or regulated goods. RADIXER may take any action that, in its sole discretion, it deems appropriate or necessary in connection with any actual or allegedly Dangerous or Regulated Product. THE CUSTOMER hereby releases totally and completely and forever releases RADIXER and Indemnified from and against all Claims arising out of or caused by actual or allegedly Dangerous or Regulated Goods. THE CUSTOMER shall indemnify, defend, and hold harmless RADIXER and its Indemnities from all Claims arising from any action taken by RADIXER in relation to such goods and for the breach by THE CUSTOMER of applicable laws and regulations, or the breach of any agreement of THE CUSTOMER contained or made in accordance with this Section.
2.1.1. The quotes are issued to THE CLIENT are of an informative nature, without any commitment for the parties, being subject to changes and availability of equipment.
2.1.2. The rates granted to THE CLIENT are based on the information provided by THE CLIENT (i.e., weight, dimensions, postal codes of origin / destination). Any change may change the price.
2.1.3. The goods must travel with the appropriate packaging. RADIXER reserves the right to refuse the goods if they do not come in appropriate conditions. Any damage in transit associated with poor packaging is the responsibility of THE CUSTOMER.
2.1.4. The weight to invoiced shall be the greater between the actual weight and the volumetric weight. Within the United States the weight to invoiced will be determined by the number of freight class and NMFC; if THE CLIENT does not provide these classifications, an estimate will be determined based on the density and description of the product, being in both cases subject to audits and changes in cost.
2.1.5. The services are free of maneuvers, and travel without insurance unless expressly described in the concepts of this quote. If THE CUSTOMER wishes to ensure the cargo, its and extra charge that must be in que quote. Note: fragile merchandise cannot be insured.
2.1.6. The cost of collection and home deliveries is for industrial and commercial zones of metropolitan areas. There are hard-to-reach areas for which additional costs may apply. (i.e., downtown area, residential, shopping center). When deliveries and pickups need an appointment, additional charges may apply.
2.1.7. Delivery times are an estimate and defined in working days (not holidays or weekends). Neither RADIXER nor its Service Providers are responsible for any delays related to weather events, mechanical failures and/or major cause events.
2.1.8. Goods leaving the border strip need to travel with national documents. (Invoice or Petition).
2.1.9. We reserve the right to interrupt any service if it is determined that the cargo or its contents pose a risk to the transport equipment, its personnel, infrastructure, illegal or dangerous goods. In this case, the customer and the authorities will be notified immediately if required.
2.1.10. The prices expressed in the quotes are valid for five (5) working days from the date of issue.
2.1.11. These terms and conditions are non-negotiable and may change at any time.
2.2. Fees and taxes.
2.2.1. THE CLIENT undertakes to pay RADIXER all the charges specified in the invoice without the right to compensation for any claim by THE CLIENT. Complaints shall be dealt with separately between the Parties.
2.2.2. THE CLIENT acknowledges and accepts that RADIXER calculated its rate based on certain assumptions provided to RADIXER by THE CLIENT
2.2.3. THE CUSTOMER shall pay directly or reimburse RADIXER for all sales, use and similar taxes on the services, if applicable.
2.2.4. All payments under these Terms and Conditions must be made in Mexican pesos unless another currency is specified on the invoice.
2.2.5. Payments must be made by electronic transfer or nominative check for credit to the account, as instructed in the invoices. For physical points of sale, payments may also be by commercial means appropriate for retail sale, these may be cash, debit card or credit, but RADIXER are not limited or obligated to these.
2.2.6. All payments must be in advance (before the service is performed), unless THE CLIENT has some credit approved and granted in writing, and in such case the invoices must be paid in full at the end of the credit granted.
2.2.7. If any invoice goes past due, RADIXER may apply an overdue payment fee equivalent to 3% of the total invoice.
2.2.8. THE CLIENT will have a period of (5) days after receipt of the invoice to request clarifications or corrections to it, after this period, it will be assumed that the invoice has been accepted and any subsequent rebilling will have an additional cost. Rebilling from previews months is not accepted.
3.1.1. THE CLIENT may request an insurance that protects the merchandise for loss or damage in accordance with the value declared and that appears in the consignment note up to a maximum value of $ 500,000 (Five hundred thousand Mexican pesos 00/00 M.N.) and being subject to the general conditions, coverages and exclusions of the insurance program that RADIXER and / or its agents have contracted, and/or the representatives used by RADIXER, with an insurance company authorized by the national insurance and surety commission. This guarantee will have a cost specified by RADIXER in its quotation considering the value of the merchandise. The insurance will cover 100% of the cost of said merchandise indicating in advance, with a minimum deductible of 40 Units of Measurement and Update (UMAS), the amount of the deductible will vary depending on the type of claim and the total value declared. If the claim relates to material damage, it is a mandatory requirement for the documentation, origin, and payment of the claim by the Insurance Company, the delivery of the damaged goods to RADIXER.
3.1.2. In the same way "THE CLIENT" will always have the right and the option to contract at its risk and cost the insurance that it deems most convenient and appropriate to protect the merchandise that will be sent, using the services of RADIXER and / or its agents, and / or the representatives used by RADIXER. For this purpose, THE CLIENT will deliver a copy of said insurance and will release from that moment to RADIXER and THE CARRIERS, so THAT THE CLIENT will not be able to subrogate his right to his insurance company.
3.1.3. THE CLIENT acknowledges and accepts that with respect to the following materials: Ceramics, porcelain, glass, glass, marble, granite, quarry, floors, tiles, sanitary, sinks, grids, fiberglass, used articles and merchandise any other fragile merchandise or merchandise without packaging or appropriate packaging, in case of contracting some of the insurances described in this clause, will apply only the coverage for theft and in no case will apply the coverage for damages, so THE CUSTOMER agrees that the merchandise travels at his own risk, freeing RADIXER from the damages he may suffer.
3.2. Consignment Note. For the purposes of collecting any service offered by RADIXER and in accordance with the new rules and articles established by the SAT that came into force on January 1, 2022, only a stamped invoice with the concept of Logistics Service Management will be issued. Since when the service of a logistics intermediary or transport agent is contracted, it must issue the CFDI (invoice) of income type without complement Porte Letter for its logistics service, which will be valid for the purposes of the deduction or the corresponding accreditation in accordance with the tax provisions based on articles 29 and 29-A of the Fiscal Code of the Federation; Rules 188.8.131.52., 184.108.40.206., 220.127.116.11. and 18.104.22.168. of the Miscellaneous Tax Resolution.
3.3. Claims. Unless expressly stated otherwise by applicable statute, international convention or other mandatory national law, all claims against RADIXER for a potential or actual loss (except arbitration claims or claims) must be submitted in writing within fifteen (15) days of the event giving rise to the claims, or such claims are held to be void. No settlement will be made on any claim made by THE CUSTOMER until THE CUSTOMER has paid all outstanding invoices
4.1. Amendments; Waiver; Separability. These terms may only be modified or amended by an instrument written and signed by both Parties. The waiver of any right of either Party shall not constitute a waiver of such right on any subsequent occasion. RADIXER's acceptance of the amounts (or lesser amounts) payable under these Terms and Conditions shall not be deemed a waiver of any breach. If any provision of these Terms and Conditions is found to be invalid, such invalidity shall not affect the validity of the remaining portions of this Term.
4.2. Control Law. These Terms and Conditions shall be governed by Mexican law without regard to conflicts of law provisions.
4.3. Use of Trademarks. THE CLIENT shall not use the corporate name or logo of RADIXER or its affiliates without prior written consent; however, RADIXER may disclose the name of THE CLIENT as a reference to any current or potential client.
4.4. Import and export laws. The Parties acknowledge and agree that all activities included herein, including the export, re-export, import, transshipment, transfer and release of all Goods, are subject to all applicable laws of Mexico and other countries governing the import and export of goods, including, but not limited to, laws relating to economic and export sanctions, customs and related laws, other similar import laws and executive orders, and regulations and other measures enacted pursuant to such laws (collectively, "Import and Export Laws"). THE CUSTOMER agrees to function as the "importer", "exporter" or other responsible party (as the case may be) before all Import and Export Laws and, in such capacity, is solely responsible for properly classifying under such laws products shipped between countries. THE CUSTOMER is responsible for providing written instructions to RADIXER or the carrier regarding any export, re-export, delivery, collection, or other activity related to any Product, software and technology, the instructions of which shall comply with all Import and Export requirements. THE CUSTOMER is solely responsible for complying with all Import and Export Laws applicable to the export of Goods, software and technology from any country, including obtaining the licenses and other authorizations required for export, completing and properly filing all export-related documents required by the Import and Export Laws of any government, as applicable, as well as ensuring that all export-related documents, including shipping and selling documents generated in connection with the Services provided under this Agreement, are adjusted and maintained in accordance with the Import Act and Export Laws. THE CUSTOMER shall indemnify, defend, and hold harmless RADIXER, and it is Indemnified from all Claims or investigations arising out of or in connection with THE CUSTOMER's failure to comply with this Section or RADIXER's or carrier's compliance with THE CUSTOMER's instructions in export, re-export and delivery, collection or other activity related to any Product, software, and technology.