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GENERAL CONDITIONS OF THE OFFER
The following are the General Conditions of our service offer:
They are considered accepted, once we receive your written instruction / confirmation to carry out the shipment, declaring or acknowledging the character of the Contracting Party in all the obligations in money for all the concepts that we invoice, directly or on behalf of third parties:
The foregoing in accordance with the provisions of article 37 of Law 1480 of 2011 (Consumer Statute), and the regulations that modify or add it, it is expressly stated that you know and have in advance the conditions of the offer and of have obtained the corresponding explanation from GEAR International - An ARAS Ltda Brand
When the offer is accepted, the executive nature of the obligations derived from it is recognized; Recognizing as executive title, all invoices and collection accounts issued by GEAR International - An ARAS Brand Ltda. Includes variations in international freight prices and / or other expenses, which, not being part of the initial offer, are caused as associated expenses. to the services provided.
The values indicated in the offer are a simple quotation; of varying any of the elements on which the initial quote was made; the quoted value will vary, either decreasing or increasing.
If the recipient of this offer does not provide exact, precise or complete information on the data of his cargo, the values for international, national freight and other services, may be higher or lower than those initially quoted here. For all purposes, it will be understood that the price to be paid by the recipient of this offer will be the final real values generated by the variations in the load at the time of boarding or providing the corresponding service.
Invoices issued for operations must be canceled upon expiration, meaning that they waive the requirements to be in arrears. GEAR International - A Brand ARAS Ltda. Is authorized to consult and report to the centrals or Data Banks, the status of payment and management of the commercial commitments of the recipient of the Offer.
The acceptor of this offer must provide all the documentation to GEAR International - A Marca ARAS Ltda., With a notice of 5 days prior to the coordination of the shipment (maritime) or with the acceptance of the offer (air).
Tax on financial transactions of the 4x1000 payable by the recipient of the Offer.
The information of the description of the merchandise for the elaboration of the transport documents, is taken directly from the data supplied by the shippers abroad, for import cargo; and of the data supplied by the exporters / shippers in Colombia, for the export loads. Those responsible must be informed about the damages that may be caused by incorrect information at source (weight, volume, number of pieces, description of the merchandise, etc.). The importer / exporter in Colombia will assume the fines or customs sanctions, or any other additional cost, originated by the erroneous information provided by the exporter or shipper.
The acceptor of this service offer, from now on is aware and accepts that GEAR International - An ARAS Ltda. Brand, acts in its capacity as International Freight Agent, and is not an effective Carrier or Transport Commissioner; Therefore, it is agreed that the aforementioned company is not joint and several with the obligations of the Carrier (Article 1313 of the Commercial Code).
Return of the empty container after unpacking: It will be invoiced at the same value charged to us by the Shipping Line, if it is not received within the country. Container inspection costs at the port, as well as damages, cleaning, drop off, dismounting, among others, will be charged when applicable.
International Standard for Phytosanitary Measures - ISPM No.15 (ISPM15): We inform our clients that they are solely responsible for the proper compliance with the standard on wooden packaging. GEAR International - A Brand ARAS Ltda., Will not assume any kind of responsibility for the consequences generated by the breach of said rule.
In the same way, the acceptor of this service offer, declares GEAR International - Una Marca ARAS Ltda., Free from any responsibility or obligation to compensate for actions or omissions of third parties (carriers, customs agents, port operators, authorities public, strikers, strikes, celebrations of holidays, sporting, cultural events, reigns, etc. of a national or municipal nature), or by acts of nature (rains and landslides), which motivate the destruction of goods, breakdowns, delays in their delivery, losses, looting, etc. or by cost overruns in operations such as storage expenses, delay in containers, delay or changes of means of transport, in port operations, freight increases, sanctions imposed by individuals or authorities, etc. the contracting party being obliged to reimburse GEAR International - An ARAS Ltda. Brand, such sums of money in the event that the aforementioned company previously pays or assumes such expenses or costs.
The obligations and rights derived from this offer will be regulated by the commercial, customs and administrative regulations in force in Colombia.
CONDITIONS TO MOBILIZE GOODS
The service provided by GEAR International - An ARAS Ltda. Brand, in the coordination of the transport will be conditioned to the fact that the shipment is always insured under a real damage merchandise transport policy. If you do not have one, you must notify the person who attends you in advance, and request that the coverage be quoted and contracted. If you have a policy, you must deliver a copy to GEAR International - An ARAS Ltda. Brand, before boarding. Likewise, the beneficiary of this offer must guarantee to GEAR International - An ARAS Ltda. Brand, the accuracy of the information of the merchandise being shipped, its nature, weight, volume, value, dangerous nature, special care and other characteristics.
PROCEDURE TO ATTEND CLAIMS OR CLAIMS
All claims or claims that may arise caused by accidents or circumstances inherent to transportation must be claimed only through the mechanism established with the insurance company that granted coverage to the shipment. Under this understanding, GEAR International - Una Marca ARAS Ltda., Will not attend direct claims due to its condition of freight forwarder, nor in the circumstance that the insurer objects to the claim.
In the event of shipment without a policy, GEAR International, - A Marca de Aras Ltda., Will not be liable in its own name beyond the responsibility assumed by the corresponding real service provider.
MAXIMUM LIMIT OF YOUR LIABILITY
The maximum responsibility of GEAR International - An ARAS Ltda. Brand, in any event will be ten percent (10%) of the responsibility of the transporter contracted for the service, and in accordance with the existing legal regulations for each mode of transport, but never more than USD 10,000 Special Drawing Rights (SDR) per event.
Similarly, if the policy is under the responsibility of the client and it has a deductible, GEAR International - Una Marca ARAS Ltda., Is not responsible for responding for the value of the deductible of this policy, but it will be able to do the due diligence of claim before the provider that provides the service and the claim was generated.
REQUIREMENTS TO PROVIDE THE SERVICE
In case of being the first time that GEAR International - An ARAS Ltda. Brand provides the service to the company, the legal information of the company is required for client registration, and the completion of Circular Format 170 and other required formats and annexes, which must be signed by the legal representative, as well as the corresponding visit, if requested. Without having said information and format, the service will not be provided. In the case of an already registered client, this requirement operates with respect to the request to update information. All of the above in accordance with the terms of the Risk Management Manual of GEAR International - A brand of Aras Ltda.
Bear in mind the penalties or cost overruns caused by incorrect information in the documents (volume, number of pieces, generic identification of the merchandise, etc.). The importer / exporter will bear the cost of corrections, fines or customs sanctions caused by the erroneous information provided.
Keep in mind that the shipping companies / airlines do not guarantee the reservation of space and do not assume responsibility for the possible partialization or delay of the shipment, so the extra commercial and customs operation costs that this represents must be assumed by the importer / exporter.
RELEASE PROCESS
Take into account the following information for the payment of invoices with GEAR International - Una Marca ARAS Ltda., And release processes:
Cash: GEAR International - An ARAS Ltda Brand, does NOT accept cash payments.
Bank Transfer: the release is made once the money paid in the Aras bank account is evidenced.
Business Check: the release is made after the check is exchanged and the amount is credited to the Aras account.
Online payments (PSE): the release is made once the money paid into the Aras bank account is evidenced
COMPLIANCE WITH PROTECTION STANDARDS OF PERSONAL DATA
I authorize GEAR International - Una Marca ARAS Ltda., To collect, use and process the personal data that is provided as a result of the acceptance of this quote and those that are supplied or collected in the future, for the purposes and in the terms described in the Manual of policies and procedures for the treatment of personal data available on the page www.aras.com.co, which I declare to have read. In any case, I understand that I may exercise my rights to know, update, rectify or delete the data or revoke this authorization by sending a written communication to the email habeasdata@aras.com.co.