GENERAL CONDITIONS – DOMESTIC AIR WAYBILL
I) General Definitions
1.1. When using the cargo transport services, hereinafter referred to as the company, the sender undertakes to observe the rules and conditions set forth herein, as well as the legal provisions of the Brazilian Aviation Code and other rules provided for in the applicable laws.
1.2 This contract shall have the following legal parties: Sender, the company (courier company identified on the front page) or any of its associates and the Recipient. A Consignee – the natural or legal person that sends the cargo on behalf of and as instructed by the Sender, and in the absence thereof – may also constitute a party to the cargo transport contract of the company.
1.3 The Air Waybill, or AWB, is the formal instrument and material evidence of the air transport contract entered into between Sender or Consignee and the company.
1.3 The company hereby issues, in a non-negotiable manner, this Air Waybill on behalf and as instructed by the Sender or Consignee, who, by signing it, expressly acknowledges its terms and conditions. All the information required for correctly filling out the Air Waybill (via electronic transfer or via filling out the document called Waybill (Minuta de Despacho)) or presentation of the invoice/statement must be provided by the Sender or the Consignee.
1.5 The routes used for the transport of cargo may, at all times, be chosen at the exclusive discretion of the courier company, with no fixed or pre-established connections.
II) Unacceptable Goods or Restricted Goods for Transport
2.1 The following will not be accepted by the courier company for transport within the Brazilian territory:
2.1.1 Hazardous cargo: explosives.
2.1.2 Class-3 HAZMAT fuels: flammable liquids.
2.1.3 Valuable cargo, such as: objects made of gold, platinum, silver, precious and semi-precious gemstones; and cash: bills or coins, checks, transport vouchers, credit cards and other.
2.1.4 Other articles prohibited under specific laws.
2.2 To obtain addition information regarding whether cargo may be transported, as well as the restrictions applicable to each type of transported good and special cares in preparing, handling and packaging certain types of products, we recommend you consult the company Cargo Service Center.
2.3 Objects deemed as valuable shall only be accepted bythe company upon declaration of value and payment of the respective “ad valorem” insurance.
2.4 In case transportation is covered by insurance contracted by the Sender or Consignee or by any interested party, the insurance policy must be registered with the business unit of cargo transport management system, and information relayed to the insurance policy number and insurance company must be provided. The Sender or Consignee will be responsible for informing, immediately, any change in the contracted insurance company or insurance policy.
III) Obligations of Sender/Consigner
3.1 Sender or Consignee is responsible for delivering the cargo duly stored/packed, accompanied by the necessary documents to comply with legal requirements before tax, customs, police and health inspection by federal, state and local authorities, including in relation to the record information of Sender or Consignee and Recipient, as well as the right tax description of the document issued by Sender or Consignee.
3.2 Sender or Consignee is responsible for the accuracy of the information or statements in the documents required to issue the Air Waybill, as well as for any damages resulting from inaccurate, irregular and/or incomplete statements or information that may be incurred by the courier company or by any other person.
3.3 The company is not responsible for the declaration of content made by the Sender or Consignee in the Air Waybill, and assumes such statements to be true.
3.4 The company shall refuse to accept any cargo that is not accompanied by the required documentation or when transportation and sale are not permitted.
4. Sender acknowledges that, in case of loss or misplacement of the cargo sent and covered by the Air Waybill, damages will be limited as provided for in the Brazilian Aviation Code (available at http://www.anac.gov.br/) in domestic territory.
V) Conditions of Delivery and Storage Periods
5.1 In case the Sender or Consignee chooses delivery via pickup at one of the company , the cargo must be collected within fifteen (15) days of its arrival at the destination.
5.2 If the Recipient fails to pick up the cargo within the period above, the company will notify the Recipient to collect the cargo within fifteen (15) days of receipt of the notice. If the cargo is not collected in this period, LATAM will notify the Sender or Consignee to collect the cargo within fifteen (15) days of receipt of the notice, or it will otherwise consider it to be abandoned and proceed to adopt the applicable legal measures. Additional fees may apply if the cargo is not collected within the aforementioned terms.
5.3 In case of door delivery, three (3) attempts to deliver will be made. If all three fail, in the last attempt the Recipient will be notified to collect, within the period mentioned in clause 5.2.
VI) Inspection of Packages/Acceptance of Transportation
6.1 The company undertakes to adopt security control for cargo handled by third parties outside the airport, as well as to verify the packages against transport documentation, whether through electronic or analysis devices.
6.2 In the case of suspicious packages, the company will conduct an inspection manually, using electronic devices, X-Ray and/or other types of analyzers.
6.3 LATAM shall not accept cargo that shows visual signs of violation, adulteration, damage, exposed wiring or leaks, which may cause the cargo to be unsafe for transport.
VII) Cargo Retention
7. The company is entitled the right to retain any cargo sent if any freight fees, fees or customs taxes and charges of any nature related to the transport contracted herein are not fully paid, and may retain all and any package until the full payment of the expenses, including any surcharge for extended stay until the payment of the respective values due.
VIII) Conditions for Shipment – Freight Collect
8. Cargo transport where Sender or Consignee indicates the Recipient as responsible for payment is the exclusive responsibility of Sender. In case of rejection or any situation that prevents the delivery, receipt and payment for the services by Recipient, the Sender or Consignee will be required, under the penalty of law, to pay for all expenses in connection with the contracted transport, including the return freight, taxes, fees and other expenses incurred with the respective services provided.
IX) Limitation of Liability
9.1. Although the company endeavors its best efforts to deliver, within the agreed deadlines, the cargo entrusted thereto, it shall not be deemed responsible for any losses and damages, misplacement or any other incident caused by the following:
- Act of war or armed conflict;
- Acts, failures or omissions of Sender or Consignee, Recipient or any other party involved with the object of this Air Waybill;
- Electrical or magnetic damage, as well as deletion or any other similar damage to electronic images, photographs or any other type of recorded information;
- Defective packaging made by the sender;
- Any vice, defect or characteristics inherent to the transported cargo;
- Any effects arising from fortuitous case or force majeure that may affect the company facilities, vehicles or aircraft.
9.2. The company shall not be held responsible, under any circumstances, for paying damages for pain and suffering, loss of profit or any other form of indirect damage or loss, including, but not limited to, the loss of use, of market and other that may, for any reason, be incurred by Sender or Recipient, regardless of whether the company was previously aware that said loss could have occurred.
10.1. Cargo shall be deemed delivered in good condition and in conformity with the conditions set forth in the Air Waybill if Recipient receives it and does not register a complaint within the periods defined in the item below.
10.2 Complaints shall be lodged using the respective field in the Air Waybill or through any form of written notice, within the following terms:
10.2.1 In case of delay in delivering the cargo in relation to the established term, Recipient shall have fifteen (15) days to lodge a complaint, from the date the cargo was made available.
10.2.2 For other cases not expressly mentioned in the items above, Recipient shall have thirty (30) days to lodge a complaint from the date of receipt of the cargo.
10.2.3 For the cases provided in the items above, in addition to lodging a complaint within the pre-established term, the inspection report must be filled upon collection or delivery of the cargo.
10.3 In case of damages for a complaint, the company liability shall be limited to the amount provided for in the Brazilian Aviation Code, except when a special declaration of value has been made by Sender or Consignee.
10.4 The client paying the freight is the only one capable and legally permitted to receive damages, except when the client authorizes the payment to a legal representative, through a power-of-attorney. In these cases, in addition to the power-of-attorney, an express request authorizing the transfer of beneficiary will be required.
10.5 Any doubts or conflicts arising from this agreement shall be resolved by the Central Court of the Capital of the State of São Paulo, waiving any other court, however preferable it may be.