Terms and

conditions.

ANNEX 1: Terms and conditions of service

 
  1. Our Agreement
The terms and conditions that will be indicated below, constitute the Agreement that will be celebrated between the CLIENT, as sender of the shipment and BLUE EXPRESS. This applies to anyone who has an interest in the shipment, especially the consignee (person to whom the shipment is addressed). These terms and conditions also apply to any natural or legal person that BLUE EXPRESS contracts to collect, transport or deliver your shipment. No employee of BLUE EXPRESS or any person is authorized to modify the terms and conditions agreed in this instrument, or to make offers on behalf of BLUE EXPRESS. For all legal and contractual purposes, the sender is the loader or shipper of the shipment referred to in this service order, BLUE EXPRESS will act solely on its behalf.

  1. What does “shipping” mean?
By shipment we mean all the documents, packages or bags that travel under a transport guide. The sender is obliged to declare the contents of the shipment. The detail of the shipment indicated by the CLIENT in the Transport Guide must correspond exactly to the content of the packages or bags sent. The sender must indemnify BLUE EXPRESS and any other person, for any damage, cost or loss that is a consequence of their irregular, inaccurate or incomplete indications and declarations.

  1. Shipments not accepted
BLUE EXPRESS will reject as shipment:
  1. a) Anything that is restricted or prohibited by IATA (International Air Transport Association) or by the ICAO (International Civil Aviation Organization).
  1. b) Anything that, delivered closed, is not correctly packed, bundled or boxed.
  1. c) Everything that is devoid of the essential documents for the expeditious transportation of the shipment.
  1. d) Anything that meets the current phytosanitary ban of the Agricultural and Livestock Service.
  1. e) Anything that we believe cannot be transported safely and efficiently.
In our service centers, the CLIENT will be able to obtain more complete information about the shipments that we do not accept. With his signature, the CUSTOMER will certify that his shipment is not within the cases indicated above. The Client acknowledges and agrees that his maritime shipment transported by air. Consequently, the CLIENT may not recommend the transport of dangerous objects or goods for flight safety unless they are declared as appropriate and this is technically feasible. Failure to comply with this obligation may make the sender liable for the crimes contained in the Aeronautical Legislation. In any case, the CLIENT will be responsible for confiscations, fines, sanctions and in general for any damage or harm suffered by BLUE EXPRESS and/or third parties due to having shipments without the minimum documentation or for having omitted or falsified information. Related to the load to be transported. BLUE EXPRESS provides its services with absolute adherence to current legal regulations and regulations, including, especially, but not limited to, Law 20,393, which establishes the Criminal Liability of Legal Entities in Money Laundering Crimes, Financing of Terrorism and Crimes of Bribery. Consequently, the CLIENT acknowledges and accepts that BLUE EXPRESS complies with said legal and regulatory regulations and undertakes to respect it in its relations with it and not to entrust BLUE EXPRESS services related to objects or merchandise that do not comply with it, being, in particular, prohibited send any of those of a dangerous nature or illicit species or whose commercialization or illicit maritime transport. Failure to comply with the provisions of the preceding paragraphs will make the CLIENT responsible for confiscations, fines, sanctions and in general for any damage or harm suffered by BLUE EXPRESS and/or third parties or authorities, due to having fulfilled shipments in breach of regulations. Current legal and regulatory documentation and/or without the minimum legal and regulatory documentation, or for having omitted or falsified information regarding the cargo to be transported.

  1. Inspection
Upon receipt of your shipment, we reserve the right to inspect the shipment to check the condition of the goods.

  1. Charges
The price for our services, which we will call “freight”, is set based on weight. The weight of the shipment is considered as the greater resulting weight between the physical weight and the volumetric weight (in kilos), which is calculated by multiplying the length by the width by the height of each package (in centimeters) and then dividing it by 4,000. In any case, said measurement will be merely referential, so we are not obliged to deliver merchandise by weight, by account or measure, unless this is expressly agreed in the corresponding transport guide. Within our freight, tariffs, taxes, fees or other sums of money that may be generated with the product of the shipment are not included. These were collected independently. It is expressly stated that we have the right to be paid for the postage and expenses incurred for the items transported, in preference to all other creditors.

  1. Claim
If you wish to make a claim for a damaged or lost shipment (including misdelivery), please follow the instructions below: All claims must be submitted in writing. A claim for a totally lost shipment must be received within 14 days of the supposed arrival date. The claim for partially lost shipment or for damages or other observations, must be received within 14 days following the date of receipt of the shipment. If there is an accident, contact the nearest office or our central office in Santiago, by phone 290 4000.

WHY WE MUST RESPOND


  1. Our responsibility
Our responsibility is determined by current regulations. In any shipment, our responsibility will be governed by the following conditions: It begins with the receipt of the shipment by authorized personnel through the requirement of the corresponding credential and extends until the delivery is made to the satisfaction of the consignee. In this way, the receipt in accordance with the shipment, through the signature of the consignee, extinguishes our responsibility. Our responsibility is limited to the payment of the net cost value of the transported goods, not including the commercial or expected value of the same, or of any other type. The maximum amount of our liability amounts to 17 “Unidades de Fomento” per package with a limit of 150 “Unidades de Fomento” per service order. We understand by net cost value, in the case of new items, it is the one indicated in the corresponding purchase invoice. In the case of used articles, the value that they will have applying to the day of the shipment, the corresponding depreciation table of the Internal Revenue Service.

  1. Shipment Risk Coverage
If the net cost value of the good transported exceeds the sum of 17 “Unidades de Fomento” per package with a limit of 150 “Unidades de Fomento” per service order, we recommend that you purchase additional risk coverage for your shipment. The additional risk coverage will have the cost and will be subject to the conditions indicated in Annex 2 of the Agreement for the Start of Services, called “General Risk Conditions for Freight Transportation”.

  1. Late Shipments
In the event that a term to deliver the shipment has not been expressly agreed in writing, we undertake to send it on the first available trip to the place of destination. If we have agreed on a deadline to deliver the shipment, we undertake to comply with it, unless some of the circumstances indicated in the following number are predestined.

  1. Force majeure
We are not responsible for losses, damages or delays that are the result of a fortuitous event, force majeure or shipping defects. We remind you that BLUE EXPRESS does not have a special program for the transport of perishables, refrigerated products or similar.

  1. Withdrawal
The CUSTOMER may withdraw from the shipment at any time before delivery to the consignee. In case you do it before the shipment leaves the city of origin, you must pay half of the total postage. On the contrary, if you give up once the shipment has already left for its destination, you must pay the total postage, We only have the obligation not to deliver it to the consignee and return it as soon as possible. In this case, the CUSTOMER must pay the total cost of the return shipment.

  1. Undeliverable Shipments
If the shipment could not be delivered, because the instructions of the consignee indicated in the transport guide were insufficient or incorrect or because the consignee refused to receive it or because the consignee has not been able to locate or is absent for a long time, the shipment will be returned to the place of origin, the customer being responsible for its corresponding tracking according to the tools delivered by BLUE EXPRESS (web tracking). In all these cases, the CUSTOMER must pay the total shipping cost.

  1. Uncollected Shipments
In the case of shipments not delivered and not claimed by the CLIENT within a period of 6 months from the date of this document, current regulations will apply.

  1. Competition
Everything related to the application, validity and interpretation of this Agreement, will be resolved by the Ordinary Courts of Justice in the city of Santiago, Chile.

Additional Specifications of our Services
The traditional distribution services offered for major cities are: Premium service, consisting of the best possible delivery schedule for each city. Priority service, consisting of the next day delivery before 8:00 PM, and Express service. Ask your executive or our call center (800 800 400) the service times for each of the alternatives to a destination in special. We emphasize that to the extent that the client does not specify the type of service contracted, it will be considered a priority service for tariff purposes. On Saturdays there is only distribution until 2:00 p.m., otherwise they will be delivered the next business day. The complementary services offered are cash on delivery (COD), return of goods, return of documents, proof of delivery (POD), storage, pick & pack, labeling, machining, mailing or others that are specially designed for the client. The rates are defined according to the type of service, the weight / volume of the shipment and the origin / destination of the dispatch, considering Santiago as the origin. The weight of the shipment is considered as the greater resulting weight between the physical weight and the volumetric weight (in kilos), which is calculated by multiplying the length by the width by the height of each package (in centimeters) and then divide it by 4,000. The Client will be kept informed of the movements of their dispatches through the follow-up of the Service Orders, guides that are attached to each product, package or pallet, as appropriate. Are The guides carry a bar code that is captured by a scanner carried by BLUE EXPRESS personnel at each point of the process (withdrawal, demonstration at destination, arrival at destination, dispatch to distribution and delivery). To carry out this follow-up, the client can track the shipments from his own computer on the Internet (entering the web page: www.bluex.cl) using as a reference the number of the Order of Service and thus access reports on both deliveries and exceptions in the service. Alternatively, the customer can contact the Customer Service department (800 800 400), where executives dedicated to constantly locating the load will be in charge of providing the information you need, even on a daily basis.

Service Restrictions
It is the client’s absolute responsibility to prepare the Service Orders for each of the shipments that a BLUE EXPRESS orders to carry out and to indicate precisely the services required. If the cargo enters the BLUE EXPRESS Hub without the service order, or if it is empty or incomplete and/or without labels (total or partial), delivery is not guaranteed according to the transit matrix, according to the contracted service. In addition, the costs involved in this process will be transferred. The Premium delivery service consists of next day delivery before 11:00 AM. This promise is only valid for shipments to base cities, with the exception of Arica, Coyhaique, Punta Arenas and Puerto Montt, where only next day delivery is offered before 8:00 PM. The Priority delivery service consists of the next day delivery before 8:00 PM in the base cities. The Express delivery service consists of delivery the second day after before 8:00 PM between Copiapó and Puerto Montt. In the case of the rest of Chile, the delivery promise for Arica is 4 days.  Iquique, Calama and Antofagasta the delivery promise is 3 days. Towards the South, in Coyhaique, a period of 7 days should be considered and for Punta Arenas, 9 days. Consult with your executive the transit times for deliveries in supermarkets, department stores and malls. The defined time to request withdrawals is not regular between 8:30 AM and 4:00 PM. Requests made after these hours will be subject to confirmation for pick-up the same day. In case of not being able to coordinate, it will be done the next day. The defined schedule for regular pick-ups is between 8:30 AM and 6:30 PM. Any pick-up request to be made after these hours is considered a late pick-up and must be coordinated in advance to the Customer Service department (800 800 400) or to the account manager, who will be received by BLUE EXPRESS by displaying a Withdrawal Number (conditional on technical feasibility). Delivery to regions in these cases is not guaranteed for the next day. Delivery within Santiago is made the next day according to the contracted service. The detail of the type of dispatch to the base cities is shown below:

When loading cargo to be sent by air, special consideration must be taken with the so-called “dangerous goods”, which is defined as: Any substance or product that endanger health, safety, property or the environment.

Dangerous goods have been classified by Chilean Standard No. 382 Of 89; Similarly, the United Nations Group of Experts has classified these goods into nine risk classes:

Explosives:

Compressed gases (butane, hydrogen, propane, acetylene, cigarette lighters, fire extinguishers, insecticide sprays, pesticides, hair sprays, deodorant sprays, etc.)

Flammable liquids (alcohols, fuels, ketones, paints, varnishes, thinners, etc.)

Flammable solids (photo celluloid, lighter stones, fishmeal, wet cotton, ferrous metal shavings, white and yellow phosphorus, powdered aluminum, sodium, etc.)

Oxidizing substances (oxidants) and organic peroxides (ammonium nitrate, calcium chlorate, stain removers, tert-butyl hydroperoxide, etc.)

Toxic and infectious substances (arsenic, pesticides, nicotine, cyanide, strychnine, viruses, bacteria, rickettsia, fungi, etc.)

Radioactive materials:

Corrosives (battery acid, sulfuric acid, mercury, sodium hydroxide, etc.)

Various hazardous substances (polymeric beads, substances with pungent odors, substances with anesthetic or harmful properties, irritants, asbestos, magnetized materials, dry ice, liquids

cryogenic, etc.)

Every time you want to transport any of these goods by air, the shipper must identify, classify, pack, label and document (Declaration of the Shipper of Goods

Dangerous) your shipments.

If the product is prohibited or does not comply with the regulations for air transport, the shipper must mark the service orders, tickets, invoices and packages VIA LAND.

Also, this type of service has an additional review period at the Airport at the time of boarding, which can be from 12 to 24 hours.

Given the complexity of this regulation, the Department of Dangerous Goods of BLUE EXPRESS offers advice in this regard, carrying out the survey and the respective training.

The weight of each package to be transported by regular traditional service cannot exceed 100 Kgs., the volume cannot exceed 1 m3 and the maximum measurements, in the case of air cargo, are 1.2 meters in length.

Wide and 0.86 meters high.

For packages greater than these characteristics, the shipment must be previously coordinated. If so, the customer must notify the Customer Service department in advance (800 800 400) or to the executive who keeps the account to coordinate the shipment. In this case the delivery is not guaranteed for the next day.

The packaging of the cargo to be transported must be suitable for the type of cargo that the client wishes to transport. In such case BLUE EXPRESS at the time of receiving the cargo may refuse to transport it citing packaging problems.

COD, DD, pick & pack and storage services are only offered after a prior evaluation to determine their feasibility and define the associated rate.

Payment conditions for services

The invoice must be paid within a maximum period of 30 days from its delivery.

By no means should the “CLIENT” reduce the payment of the contracted services, the claims owed to date and use that delay as a form of pressure for the bill payment deadline. Established in the seventh clause.

In the event of non-compliance with what is stated in the preceding paragraphs, the unpaid balances would give rise to the application without further formality of the maximum conventional interest for each day of arrears.

Likewise, “BLUE EXPRESS” reserves the right to transfer the collection to an external company after 90 days of expiration of the payment term by the “CLIENT”.

The value of the services will be readjusted every six months by 100% of the variation experienced by the consumer price index (CPI), determined by the National Institute of Statistics or the replacement body. There may be other definitions, due to increased costs justified by “BLUE EXPRESS” and which must be informed in advance and argued.

ANNEX 2: General Conditions of the Freight Transport Risk Coverage and claims procedureS


a) Ordinary risk coverage per service order
The risks of total loss, loss, partial damage or reduction of each package transported by BLUE EXPRESS containing merchandise, are covered for an amount of up to 17 development units with a limit of 150 development units per order of service, equivalent in national currency. , in order to indemnify the sender for damaged objects under the responsibility of BLUE EXPRESS as long as they have been declared in the BLUE EXPRESS Service Order.

b) Additional risk coverage per service order
If the transported goods were removed new and had a value greater than 17 “Unidades de Fomento” per package with a limit of 150 “Unidades de Fomento” per service order, BLUE EXPRESS makes available to the sender an additional risk coverage for the transport that covers the events within the national territory, up to the cost value of the objects caused. This additional risk coverage is capped at 1,000 “Unidades de Fomento” per service order and the cost of the premium associated with it increases to 0.3% of the value deposited, charged to the sending customer, an amount that will be invoiced together with the shipment, as additional services Each time the customer needs and opts for this additional risk coverage, it must be formalized at the time of withdrawal by registering it in the third section of the Service Order (“insurance” box). The premium plus VAT will be calculated according to the amount issued. Both risk coverages are mutually exclusive. In other words, the respective compensations are not cumulative. It is recorded that “BLUE EXPRESS” transfers the eventual cost of insurance to the “CLIENT”, consequently, any variation in premium, any change in coverage conditions, new exclusions and/or other internal adjustments of “BLUE EXPRESS”, will be in the same way transferred in integrity the “CLIENT”.

Products excluded from risk coverage
The following goods are excluded from the ordinary risk coverage by service order and from the additional risk coverage:
  1. Electronic items.
  2. New and used cell phones.
  3. Money, jewelry, watches, bearer vouchers, securities, valued documents, commercial documents, chattels, checks, sight vouchers, bills of exchange, promissory notes, stocks, medical licenses, proposals and/or other sumptuous goods.
Consult your Account Executive regarding the transport of the goods indicated in numbers 1 and 2 above or other types of goods that require transport under special conditions with a differentiated Agreement, whose transfer will contemplate its own rate based on the commercial agreements reached.

Special considerations:
  • In cases of loss or damage to tax documentation, BLUE EXPRESS will grant a customer request a letter informing the status of the shipment at the time of the request.
  • BLUE EXPRESS will not be liable for technical, mechanical, electrical, magnetic, electronic, photographic or recording defects that the transported goods may present.
  • In the unlikely event that the client has not declared the content, makes an inconsistent declaration or has prevented the acquisition of the transported goods from being accredited (by displaying documents that support it, for example tickets, invoices), the parties signing this Annex agree that BLUE EXPRESS will grant an indemnity title the unique and total sum equivalent to the return of the amount (freight) paid for the shipment.


General procedure for reporting cargo accidents.
  • Claim letter addressed to BLUE EXPRESS.
  • Mentioning the Service Order, date, address of the recipient and amount claimed.
  • Copy of the BLUE EXPRESS Service Order
  • Prove the value or cost of the things or, failing that, the cost of repair, through some of the following documents:
  • Invoice
  • Valued dispatch guide
  • Purchase ticket
  • Photocopy of invoice or dispatch guide that accompanies the load in the failed transport
  • Quotes for repair in case of damage

The compensation will cover the replacement cost of the damaged object only up to the amount indicated above. In no case will it cover the expected value, the loss of sale or other amounts that are required by the sender or consignee client. In the event that the declaration of values ​​by the client is due to a net sale value, 20% will be discounted. The grounds for non-acceptance of a formal claim will obey the general conditions stipulated in the Transportation Agreement and the service standards offered by BLUE EXPRESS. Any claim for partial loss, total loss, damage or shrinkage must be presented to BLUE EXPRESS within 14 days following the date of delivery to the consignee, or failing that, on the supposed date thereof. Subsequent claims will be rejected due to expiration of the claim reporting period. If a loss occurs, BLUE EXPRESS will reject any invoice issued by the sender equating to the value of the sale of the loss that occurred, because in fact there are no actions, or willingness to buy-sell between the parties, according to DL 825 articles 2, 8 and their respective Regulations. In case of claims with total loss that cause damage to the transported object, the sender and/or consignee must make the damaged remains available to BLUE EXPRESS. BLUE EXPRESS will anticipate the respective compensation once it has in its possession the required documentation, in the forms stipulated here, as long as the formalities required in this Annex are met.

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