These Conditions of Carriage EXCLUDE GRUPO MARPASI S.L. and its employees or agents from LIABILITY in the event of loss, damage or delay in certain circumstances, LIMIT LIABILITY to those shipments for which liability is accepted and REQUIRE NOTIFICATION OF CLAIMS within strict time limits. The Sender should read these Conditions carefully and, where necessary, take out insurance coverage in order to protect its interests.
The international carriage of a Shipment by air shall be subject to the Montreal Convention or the Warsaw Convention, as applicable. International carriage of a Shipment by land shall be subject to the Convention on the Contract for the International Carriage of Goods by Road ("CMR"), as applicable. Shipments with domestic carriage (between specific locations within a single country) are subject to the laws of that country, these Conditions and any other applicable domestic carriage terms and conditions of the Grupo Marpasi or the applicable freight forwarder.
The Grupo Marpasi may modify or suspend the Services available from time to time. Such modification or suspension shall apply to Submissions submitted to Grupo Marpasi after the date of the modification or suspension.
- Redelivery service
Commercial Deliveries. Carrier will reattempt delivery automatically or upon request if: (a) no one is available at the Receiver's address to receive the Shipment; (b) Shipper has selected a Signature Delivery Option and there is no eligible Receiver to deliver the Shipment; or (c) Carrier determines that it can hold the Shipment. If commercial delivery has not occurred after two attempts or after being held for five Business Days after the first delivery attempt and, where applicable, passing customs clearance in a destination country, the Shipment will be considered an undeliverable Shipment.
Residential deliveries and B2C shipments. If residential delivery could not occur on a first attempt at the Receiver's address or a neighbor's address, the carrier may, at its sole discretion, reattempt delivery, hold the Shipment until it receives additional delivery instructions from the Shipper or the Receiver, or deliver to another location determined by the carrier. If residential delivery has not occurred after several attempts and the Receiver does not provide additional delivery instructions, or if the carrier is unable to deliver to another specified location, the Shipment may be deemed undeliverable.
- Non-deliverable shipments
- An undeliverable Shipment is a Shipment that is undeliverable for a variety of reasons, including, but not limited to, the following: (a) the Receiver's address is incomplete, illegible, incorrect or cannot be found; (b) the Receiver is not accessible or does not pick up the Shipment; (c) the Shipment is addressed to an area in which the forwarding agency does not operate; (d) the Receiver's place of business is closed; (e) delivery is impossible due to the unavailability or refusal of a suitable person to accept delivery or sign for delivery of the Shipment; (f) the Shipment cannot pass customs clearance; (g) the Receiver is unable or unwilling to accept delivery or sign for delivery of the Shipment; (h) the Shipment cannot pass customs clearance; (i) the Receiver is unable to accept delivery or sign for delivery of the Shipment; (f) the Shipment cannot pass customs clearance; (g) the Receiver is unable or refuses to pay for a Shipment with "Consignee Billing"; (h) the contents or packaging of the Shipment are damaged such that repacking is not possible; or (i) for any of the reasons set forth in clause 1 (Redelivery Service).
- Money back guarantee
Exclusions. This money-back guarantee shall not apply, and Grupo Marpasi shall not be obligated to make a refund or credit of the Transportation Charges, if:
The Shipment was delayed due to customs or other regulatory requirements.
The delay in delivery was caused by adherence to the freight forwarder's policies regarding payment of duties and taxes prior to customs clearance or delivery.
The shipment was sent to a P.O. Box address not acceptable for delivery.
The Shipment was delayed due to incorrect, incomplete or inaccurate Recipient information, or the unavailability or refusal of a suitable or eligible person to accept delivery or sign for delivery of the Package.
The Shipment was undeliverable (see clause 2 (Undeliverable Shipments) or was returned.
- Requests for reimbursement or credit.
Failure to comply with any of the following conditions, including notification in the manner and within the time periods indicated, will result in denial of the Recipient's request for refund or credit; as a result, the Recipient will not be able to recover any compensation for a Service Failure:
Required Information. All Service Failure notifications must include the Recipient's customer number; the tracking number of the shipment; the date of Shipment and complete and accurate Recipient information.
- Limitation of liability
Standard limitation of liability for transportation services. Unless the Recipient requests that a higher value for the transportation be declared and pays the required fee as described in clauses 5.3 and 5.4, Grupo Marpasi's liability for loss, damage or delay in connection with the provision of the Transportation Services is limited to the amount provided by the applicable Agreements. Unless the Recipient requests that a higher value for carriage be declared and pays the required fee as described in clauses 5.3 and 5.4, the forwarder shall also apply such limit to all claims arising out of the provision of the domestic carriage Services in the absence of mandatory or lower limits of liability under applicable national carriage laws.
Limitation of liability for other claims. If not governed by clause 4.1 (Standard Limitation of Liability for Transportation Services), Grupo Marpasi's liability for loss, damage, delay or any other claim in connection with the provision of Ancillary Services, or other breach of contract, is limited to €3.40/kg. In all cases, the maximum liability shall never exceed €10,000 per event or series of connected events.
Maximum liability: declared value for carriage. If the forwarder does not provide comprehensive and cargo liability insurance, the Consignee may request to pay an additional surcharge to indicate a Declared Value for carriage on the Waybill that is above the limits mentioned in clauses 5.1 and 5.2 above. If the Consignee chooses to do so, the following conditions apply:
The Declared Value for carriage represents the maximum liability of the Grupo Marpasi in relation to the Shipment and may not exceed the Declared Value for Customs indicated on the Waybill.
The Recipient assumes the risk of loss and damage in excess of the Declared Value for carriage.
A fee will be charged for each $100 (or fraction thereof) by which the Declared Value for carriage exceeds the applicable standard limitation of liability, as set forth above, up to the maximum amounts shown below.
Maximum Declared Value for customs and transportation is limited, may vary by location and is not available in all countries and territories.
No indemnity will be paid for losses related to Ancillary Services.
- Responsibilities not assumed
Grupo Marpasi assumes no liability for the following:
Subject to the additional limitations set forth in these Conditions, any damage in excess of the Declared Value for carriage (as limited in clause 5.3 [Maximum Liability: Declared Value for carriage]) or the limit of liability set forth in the relevant Convention or, in the case of Shipments from and between specific locations within the same country, in the mandatory local laws in force, whichever is greater, whether or not Grupo Marpasi knew or should have known that such damage might be incurred.
Special, incidental, consequential or indirect loss or damage, including costs for alternative transport
The Recipient assumes all exposure and risk for any loss, damage or delay beyond that expressly assumed by Grupo Marpasi in these Conditions. The Recipient shall purchase its own insurance if it so desires. Grupo Marpasi does not provide insurance coverage.
The Grupo Marpasi assumes no liability, nor will it make any adjustment, refund or credit of any kind for any loss, damage, delay, misdelivery, non-delivery, misinformation or lack of information, caused by or resulting from any of the following events (not an exhaustive list):
The act, omission or default of the Receiver or any other party with an interest in the Shipment.
Fines, penalties or other financial amounts imposed on the Recipient by any regulatory authority or third party.
Any event beyond the control of the carrier or Grupo Marpasi, including a pandemic or epidemic, air hazards, public enemies, public or regulatory authorities acting with apparent or actual authority, acts or omissions of customs officials, riots, strikes or anticipated strikes, or other local disputes, civil commotion, hazards incident to a state of war or weather conditions, or national, international or local disruptions in air or ground transportation networks, criminal acts of any person or entity, including acts of terrorism, natural disasters, interruption or failure of communication and information systems (including Grupo Marpasi or carrier systems), mechanical delay or conditions that present a danger to carrier personnel.
Compliance with verbal or written delivery instructions from the Recipient or persons claiming to represent the Recipient.
Failure of the transportation agency to provide a copy of the delivery record or a copy of the signature obtained on delivery.
Failure or delay by the forwarder to notify the Consignee or Shipper of any delay, loss or damage to a Shipment, incomplete, incorrect or inaccurate address of the Consignee or customs broker, incorrect, incomplete or missing documentation, or failure to pay duties and taxes required to complete a Shipment.
- Absence of guarantees
Except as expressly set forth in these Conditions, the Grupo Marpasi makes no warranties, either express or implied.
- Claims
Grupo Marpasi will only accept the submission of claims related to a Shipment, other than for a Failure of transportation service, if the person submitting the claim complies with any applicable Agreement and the following procedure; otherwise, no claim may be submitted against Grupo Marpasi:
Notification of a Claim. All claims must be notified to Grupo Marpasi within the following deadlines:
Claims for damage (visible or concealed), delay (including claims for spoilage) or lack of contents, within 21 days after delivery of the Shipment. Receipt of the Shipment by the Receiver without such notice of damage on the delivery receipt is prima facie evidence that the Shipment was delivered in good condition.
All other claims, including claims for loss, non-delivery or misdelivery, within nine months of delivery of the shipment. All such claims must be reported at the time of delivery in the appropriate delivery record or by contacting Customer Service.
Required Information. All claim notifications must include the Recipient's complete information, as well as the tracking number of the shipment, the date of the Shipment. Within nine months of delivery of the Shipment, the claim must be fully documented by sending all relevant supporting documentation to Grupo Marpasi (e.g., purchase invoices or repair estimates). As a condition precedent to Grupo Marpasi's consideration of any claim for damage, the Recipient must make the contents, original shipping cartons and packaging available for inspection by Grupo Marpasi at Grupo Marpasi's premises until the claim is concluded.
Limitations. The Grupo Marpasi is not obligated to act on any claim until all Charges have been paid; the person making the claim cannot deduct the amount of the claim from those Charges. Only one claim may be made in connection with each Shipment. Acceptance of payment of a claim shall preclude any right to collect further damages or claim further compensation in connection with that Shipment.
Legal Actions. The right to claim damages for an action arising out of carriage shall be barred unless the claim is brought in an authorized court within two years from the actual date of delivery (in case of damage, shortage or delay) or from the expected date of delivery (in case of loss, non-delivery or misdelivery), or within any applicable statute of limitations, whichever is shorter.