Terms and
Conditions.
ANNEX 1: Terms and conditions of service
- Our Agreement
The terms and conditions that will be indicated below, constitute the Agreement to be concluded between the CLIENT, as sender of the shipment and BLUE EXPRESS. This applies to any person having an interest in the shipment, especially to the consignee (person to whom the shipment is addressed).
These terms and conditions also apply to any natural or legal person, which BLUE EXPRESS hires to collect, transport or deliver your shipment.
No employee of BLUE EXPRESS or any other person is authorized to modify the terms and conditions agreed in this instrument, nor to make offers on behalf of BLUE EXPRESS.
For all legal and contractual purposes, the shipper is the shipper or shipper of the shipment to which each service order refers, BLUE EXPRESS acting solely in the name and on behalf of the shipper or shipper.
- What does “shipment” mean?
A consignment means all documents, parcels or packages that travel under a waybill. The sender is obliged to declare the contents of the shipment. The details of the shipment indicated by the CLIENT on the waybill must correspond exactly to the contents of the packages or suitcases sent. The sender shall indemnify BLUE EXPRESS and any other person for any damage, cost or prejudice resulting from his irregular, inaccurate or incomplete indications and declarations.
- Shipments not accepted
BLUE EXPRESS will reject as shipment:
a) Anything that is restricted or prohibited by IATA (International Air Transport Association) or by the ICAO (International Civil Aviation Organization).
b) Anything that, delivered closed, is not correctly packed, bundled or boxed.
c) Everything that is devoid of the essential documents for the expeditious transportation of the shipment.
d) Anything that meets the current phytosanitary ban of the Agricultural and Livestock Service.
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 CLIENT 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.
- Inspection
Upon receipt of your shipment, we reserve the right to inspect the shipment to check the condition of the goods.
- Charges
The price for our services, which we will call “freight”, is fixed based on weight. The weight of the shipment is considered as the greater weight resulting 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, such measurement will be merely referential, so we are not obliged to deliver goods by weight, account or measure, unless it is expressly agreed in the corresponding waybill.
Within our freight, duties, taxes, fees or other sums of money that may be generated as a result of the shipment are not included. These will be charged independently.
It is expressly stated that we have the right to be paid for the carriage and expenses incurred for the transported goods, in preference to all other creditors.
- Claim
If you wish to make a claim for damaged or lost shipment (including misdelivery), please follow the instructions below:
All claims must be submitted by filling out the web form within the Blue customer portal.
It should be taken into consideration that each claim has a maximum period of 45 working days after the promised delivery date, to be submitted to a compensation instance. Otherwise, they will be rejected for not complying with the deadline (out of time).
In the event of a claim, please contact your assigned Customer Service Executive or through our customer service channels available at www.blue.cl.
FOR WHICH WE MUST RESPOND
- Our liability
Our liability is determined by the regulations in force.
In any shipment, our liability shall be governed by the following conditions:
It begins with the reception of the shipment by the authorized personnel through the requirement by the CLIENT of the corresponding BLUE EXPRESS credential and extends until the delivery made to the satisfaction of the consignee or the person receiving on his behalf at the address of the final destination ordered by the CLIENT.
Thus, the receipt of the shipment in conformity with the signature of the consignee or the person receiving on his behalf at the address of the final destination ordered by the CLIENT, extinguishes our responsibility, unless the consignee within 48 hours submits a claim to the CLIENT, which must be accompanied as evidence to BLUE EXPRESS in the process described in paragraph 6 above.
Our liability is limited to the payment of the net sale value of the transported good, not including the commercial or expected value of the same, or any other type, all of the above, in accordance with the maximum amounts of liability agreed, indicated below:
The maximum amount of our liability amounts to $ 85,000. – (eighty five thousand pesos) per service order.
We understand that the net sales value, in case of new items, is the one indicated in the corresponding invoice or bill of sale. In the case of used items, the value they have applying to the day and place where the delivery of the shipment was verified or should have been verified, the corresponding depreciation table of the Internal Revenue Service.
- Shipment Risk Coverage
If the net sales value of the transported good exceeds the sum of $ 85,000. – (eighty five thousand pesos) per service order, the CLIENT may purchase additional risk coverage for its shipment. The additional risk coverage shall have the cost and shall be subject to the conditions set forth in Annex 2 of this Agreement, called “General Conditions of Risk of Cargo Transportation and Claims Procedure”.
In the event that the CLIENT transports goods whose values are higher than the maximum amount of BLUE EXPRESS liability, that is, $ 85,000. – and does not acquire additional risk coverage as indicated in the preceding paragraph, the CLIENT hereby expressly declares and accepts that in no case shall its shipment have a value higher than $ 85,000. – . By virtue of the above, in case of total loss, partial loss, loss or damage of the shipment attributable to BLUE EXPRESS, the CLIENT explicitly accepts to be indemnified in the lesser value resulting between the actual value of the content and the amount of $85,000 already indicated.
- Late Shipments
In the event that a delivery time has not been expressly agreed upon in writing, we undertake to send the shipment on the first available trip to the place of destination.
If we have agreed on a delivery time, we undertake to comply with it, unless one of the circumstances indicated in the following number occurs.
- 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.
- Withdrawal
The CLIENT may cancel the shipment at any time before delivery to the consignee.
In case he does it before the shipment leaves the city of origin, he will have to pay the total freight.
On the contrary, if the CLIENT withdraws once the shipment has already departed to its destination, he/she shall pay the total freight, and we shall only be obliged not to deliver it to the consignee as far as possible and return it to him/her as soon as possible. In this case, the CLIENT shall pay the full carriage of the return shipment.
- Undeliverable Shipments
If the shipment could not be delivered, because the consignee’s indications indicated in the waybill were insufficient or incorrect or because the consignee refused to receive it or because the consignee could not be located or is absent for a long time, the shipment will be returned to the place of origin, being the responsibility of the CLIENT its corresponding tracking according to the tools provided by BLUE EXPRESS (web tracking).
In all these cases, the CLIENT must pay the total cost of the shipment.
- Uncollected Shipments
In the case of shipments not delivered and not claimed by the CLIENT within 6 months from the supposed date of arrival, the current regulations will be applied, that is, the abandonment of the cargo will operate in favor of “BLUE EXPRESS S.A.” who will be able to freely dispose of such cargo in order to pay the costs associated with its storage.
- Jurisdiction
All matters related to the application, validity and interpretation of this Agreement shall 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: Priority Service, which consists of next day delivery before 8:00 PM, and Express Service. Please ask your assigned Customer Service Executive or through our customer service channels available at www.blue.cl for the service times for each of the alternatives to a particular destination. We emphasize that to the extent that CLIENT does not specify the type of service contracted, it will be considered a priority service for tariff purposes.
The complementary services offered are cash on delivery (COD), return of goods, return of documents (DD), 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 shipment, considering Santiago as the origin.
The weight of the shipment is considered as the greater weight resulting 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.
The CLIENT will be informed of the movements of its shipments through the tracking of the Service Orders, guides that are attached to each product, package or pallet, as appropriate. These waybills carry a bar code that is captured by a scanner carried by BLUE EXPRESS personnel at each point of the process (pick-up, manifestation at destination, arrival at destination, dispatch to delivery and delivery).
To perform this follow-up, the CLIENT can track the deliveries from his own computer via Internet (by accessing the web page: www.blue.cl) using the service order number as a reference and thus access reports on both deliveries and exceptions in the service.
Alternatively, the CLIENT can contact their assigned Customer Service Executive or through our customer service channels available at www.blue.cl, where executives dedicated to the constant location of the cargo will provide the information needed, even on a daily basis.
Service Restrictions
It is the absolute responsibility of the CLIENT to prepare the Service Orders for each of the shipments ordered to BLUE EXPRESS 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), the delivery is not assured according to the transit matrix, according to the contracted service. In addition, the costs involved in this process will be passed on.
Priority delivery service consists of next day delivery before 8:00 PM in the base cities.
Express delivery service consists of delivery the second next day before 8:00 PM between Copiapo and Puerto Montt. For the rest of Chile, the delivery promise for Arica is 4 days. In Iquique, Calama and Antofagasta the delivery promise is 3 days to the South, in Coyhaique a delivery time of 7 days should be considered and for Punta Arenas a delivery time of 9 days, all the above, except weather or other conditions that prevent the development of the route in the indicated time. Consult with your assigned Sales Executive or through our available channels for transit times for deliveries to supermarkets, department stores and malls (supply) and same day, flex and reverse logistics services.
The defined schedule for requesting non-regular pick ups is between 8:00 AM and 11:30 AM. Requests made after this time will be subject to confirmation for same day pick up. If this cannot be coordinated, it will be done the following day.
Regular pick-up times are generally between 8:00 AM and 17:00 PM. Any pick up request to be made after these hours is considered a late pick up and must be coordinated through the Blue customer portal with your assigned Customer Service Executive or through our customer service channels available at www.blue.cl, which will be accepted by BLUE EXPRESS by assigning a Pick Up Number (subject to technical feasibility).
Delivery to regions in these cases is not assured for the following day. Delivery within Santiago will be made the following day according to the contracted service.
The packaging of the cargo to be transported must be appropriate to the type of cargo that the CLIENT wishes to transport. In such case BLUE EXPRESS at the moment of receiving the cargo may refuse to transport it alleging packaging problems.
The services deliveries in supermarkets, department stores and mall (supply) and same day services, flex, reverse logistics, COD, DD, fullfilment (pick & pack) and storage are only offered after a previous evaluation to determine its feasibility, the associated rate and operational model.
Details of the type of dispatch to the base cities are shown below:
Mainly airfreight dispatch Zones (*)airfreight only | Mainly ground dispatch Zones | Ground dispatch only Zones |
Arica | Copiapó | Vallenar |
Iquique | La Serena | Ovalle |
Antofagasta | Concepción | Los Vilos |
Calama | Temuco | La Ligua |
Coyhaique | Valdivia | San Felipe |
Punta Arenas | Osorno | San Antonio |
Isla de Pascua (*) | Puerto Montt | Viña del Mar |
|
| Quillota |
|
| Rancagua |
|
| San Fernando |
|
| Curicó |
|
| Talca |
|
| Linares |
|
| Chillán |
|
| Los Angeles |
Mainly airfreight dispatching Zones (*)airfreight only |
Arica |
Iquique |
Antofagasta |
Calama |
Coyhaique |
Punta Arenas |
Isla de Pascua (*) |
Mainly ground dispatch Zones |
Copiapó |
La Serena |
Concepción |
Temuco |
Valdivia |
Osorno |
Puerto Montt |
Ground dispatch only Zones |
Vallenar |
Ovalle |
Los Vilos |
La Ligua |
San Felipe |
San Antonio |
Viña del Mar |
Quillota |
Rancagua |
San Fernando |
Curicó |
Talca |
Linares |
Chillán |
Los Angeles |
When shipping cargo to be sent by air, special consideration must be given to the so-called “dangerous goods”, which are defined as: Any substance or product that may 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 larger than these characteristics, the shipment must be previously coordinated.
If so, the CLIENT must notify in advance to its designated Commercial Assistant to coordinate the shipment. In this case, delivery is not assured for the following day.
The packaging of the cargo to be transported must be appropriate to the type of cargo that the CLIENT wishes to transport. In such case BLUE EXPRESS at the moment of receiving the cargo may refuse to transport it alleging packaging problems.
Payment conditions for services
The invoice must be paid within a maximum period of 30 days after its delivery.
By no means shall the CLIENT reduce from the payment of the contracted services, the claims due to date and use this delay as a form of pressure for the term of payment of invoices for services rendered.
In the event of non-compliance with the preceding paragraphs, the unpaid balances shall give rise to the application of the maximum conventional interest for each day of delay without any further procedure.
BLUE EXPRESS also 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 at 100% of the variation experienced by the consumer price index (CPI), determined by the National Institute of Statistics or the agency that replaces it. There may be other adjustments due to cost increases justified by BLUE EXPRESS, which must be informed in advance and justified.
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, partial loss, damage or shrinkage of each package transported by BLUE EXPRESS containing goods, are covered for an amount of up to $ 85,000. – (eighty five thousand pesos) per service order, with the purpose of indemnifying the sender for damaged objects with BLUE EXPRESS responsibility as long as the value of the transported goods has been declared in the BLUE EXPRESS service order in the moments prior to the shipment; in this way, BLUE EXPRESS grants a risk coverage equivalent to 100% of the declared net sales value up to the amount of $ 85,000. –
b) Additional risk coverage per service order
If the transported goods are new and have a value greater than $ 85,000. – (eighty five thousand pesos) per service order, BLUE EXPRESS offers the sender an additional risk coverage for the transportation that covers the events caused within the national territory, up to the value of the declared objects. This additional risk coverage has a ceiling of 300 UF (“unidades de fomento”) per service order and the cost of the prima associated with it, amounts to 0.6% of the declared value, charged to the sender CLIENT, amount that will be billed together with the shipment as an additional service. Each time the CLIENT needs and opts for this additional risk coverage, he/she must formalize it at the time of pick-up by registering it in the third section of the service order (box “insurance”). The prima plus VAT shall be calculated according to the amount declared. In the event of exceeding the amount of 300 UF (“unidades de fomento”), the CLIENT expressly declares to accept that BLUE EXPRESS shall not be liable but up to the amount indicated, i.e. 300 UF (“unidades de fomento”).
In the event that the CLIENT transports goods whose values are higher than the maximum amount of ordinary risk coverage of BLUE EXPRESS detailed in letter a) above, i.e. $ 85,000. – and does not acquire additional risk coverage as indicated in the preceding paragraph, the CLIENT hereby expressly declares and accepts that in no case shall the value of the shipment exceed $ 85,000. -. By virtue of the above, in case of total loss, partial loss, damage or shortage of the shipment, attributable to BLUE EXPRESS, the CLIENT explicitly accepts to be indemnified in the lesser value resulting between the real value of the content and the amount of $85,000 already mentioned.
Both risk coverages are mutually exclusive. That is to say, the respective indemnities are not cumulative.
It is hereby stated that BLUE EXPRESS transfers the eventual insurance costs to the CLIENT, consequently, any premium variation, any change in the coverage conditions, new exclusions and/or other internal adjustments of BLUE EXPRESS, shall also be transferred in full to the CLIENT.
Products excluded from risk coverage
The following goods are excluded from the ordinary risk coverage by order of service and from the additional risk coverage:
Money, jewelry, watches, bearer vouchers, securities, valued documents, mercantile documents, marketable securities, checks, demand vouchers, bills of exchange, promissory notes, stocks, medical licenses, proposals and/or other sumptuous goods.
Special considerations:
- In cases of loss or damage of tax documentation BLUE EXPRESS will grant upon request of the CLIENT 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 damages that the transported goods may present.
- In the unlikely event that the CLIENT has not made a declaration of contents, makes an inconsistent declaration or is unable to prove the acquisition of the goods transported (by showing supporting documents e.g. bills, invoices) the parties signatories of this Annex, agree that BLUE EXPRESS will grant by way of compensation the single and total amount equivalent to the refund of the value paid for the amount (freight).
General procedure for reporting cargo accidents.
Complete all the information requested in the claim form available in the Customer Portal.
It is a requirement to prove the value of the goods claimed as required by BLUE EXPRESS by means of invoice or bill of lading.
Valued waybill
Photocopy of invoice or waybill accompanying the cargo in the failed transport.
Quotations for repair in case of damage.
Additionally, for claims related to a damaged delivery and orders withdrawn without movement, additional photographic evidence described in the form must be included.
The CLIENT is obliged to declare in moments prior to shipment and in copulative form the following data: reference number (invoice or bill that covers the transfer of goods to transport), net value of sale and detail of the content. The obligations set forth in this paragraph are an essential condition for BLUE EXPRESS to initiate the general procedure for cargo claims, being a cause for rejection the contravention of the aforementioned declarations in moments prior to shipment.
The indemnity shall cover the replacement cost of the damaged object only up to the amount indicated above. In no case shall it cover the expected value, loss of sale or other amounts required by the CLIENT, sender or consignee.
The grounds for non-acceptance of a formal claim, will obey the general conditions stipulated in the transport agreement and the service standards offered by BLUE EXPRESS.
All claims for partial loss, total loss, damage or shortage must be submitted to BLUE EXPRESS within 45 working days from the date of delivery to the consignee, or in its absence from the presumed date of delivery. Subsequent claims will be rejected due to the expiration of the time limit for reporting the loss.
In the event of a loss, BLUE EXPRESS will reject any invoice issued by the sender equating to the value of the sale of the loss occurred, due to the fact that in the event there are no actions, nor will of purchase and sale between the parties, according to DL 825 articles 2, 8 and their respective Regulations.
In the event of total loss losses that cause damage to the transported object, the sender and/or consignee shall make the damaged remains available to BLUE EXPRESS.
BLUE EXPRESS shall advance the respective indemnity once it has in its possession the required documentation, in the forms stipulated herein, provided that the formalities required in this Annex are met, delivering a resolution to the CLIENT within 7 working days from the receipt of all the necessary information for the analysis of the case.
