María Elena Sierra Díaz, AS Consultores, Mexico
- The Freight Forwarding Agent is a corporation established in accordance with the Mexican legislation and its corporate bylaws shall include the provision of services for the transportation of all kinds of personal properties or merchandise through all the national or international territory, either by land, air or sea, using its own or third-party infrastructure.
- Its services include international land transportation of merchandise; therefore, it requires the revision of its internal procedures regarding legal protection for future contingencies.
For providing legal certainty of its operations, the following information such as policies, procedures, legends, and legal forms is given for its protection.
- Legal framework.
The agreement for land transportation is legislated in the Commercial Code, Title 10 Chapter 1 from articles 576 to 604.
In the same manner, the limits of liability for land transportation are legislated in the Federal Roads, Bridges and Motor Carrier Transportation Act, Chapter 2 from articles 66 to 69.
- Policies
The following are the recommended policies which shall be made known to every salesperson and account manager who hire and coordinate land transportation in the Freight Forwarder Agency, by a signed written document to verify its compliance.
Policies for the provision of land freight transportation services.
2.1 For the provision of land freight transportation services, the salesperson of the Freight Forwarder Agency shall ensure the existence of the company by requesting the following information to integrate the corresponding file.
2.1.1 General
- Articles of incorporation of the company.
- Tax Registration Number of the legal person or entity and R1
- Verified proof of address.
- Policies Form for the Public Transportation System (STC).
2.1.2 If the provision of services on credit is needed.
- Articles of incorporation of the company
- Tax Registration Number of the legal person or entity and R1
- Verified proof of address.
- Policies Form for the Public Transportation System (STC).
- Credit agreement.
2.2 Quotations.- The quotations shall be made in writing, electronically or printed, with a handwritten signature.
2.2.1 The electronic or printed quotations shall contain at least:
- Name of the client.
- The contracted service
- Origin and destination
- Type of goods to be transported.
- Cost breakdown plus taxes (if that is the case)
- Legend of insurance or merchandise risk.
- Quotation’s validity
- The total amount of cargo per transportation unit.
- The specification of “not authorized if there is an incorrect packaging” under the legend.
- Change of the payment rates. (Subject to change without prior notice).
- Special conditions in the observations, in case of requiring an excess of dimensions, IMO transportation, refrigerated cargo, etc.
2.2.2 The following information may be included in the quotation.
Our units have:
- A professional operator, with experience in food handling.
- Containers equipped with
- Fastening kit (jacks) for fastening your products.
- Technical Support and Communication 24 hours a day.
- A tracking system 24 hours a day. 365 days a year / in case of having GPS.
Our service includes:
- Product collection in your facilities.
- On time delivery in the agreed destination.
- Toll costs.
- Others that apply.
Our service excludes:
- Permits required for your cargo.
- Loading and unloading maneuvers, containers and product.
- Cargo insurance in case of Robbery or Act of God or Force Majeure.
- Customs office. (If that is the case)
- Taxes, rights, insurances, warehousing, delays with containers, authority revisions, or any other expense on the cargo, during the route, the loading and unloading location.
2.3 Carriers contracting. The account managers and the personnel of the Freight Forwarder who enter into a contract with carriers shall be subject to the following policies.
2.3.1 Every carrier’s contract shall be made depending on the verification of the documents, the facilities, and the transportation means.
2.3.2 The file of the recruited carriers shall have at least:
- Articles of incorporation (if applies)
- Tax Registration Number of the legal person or entity and R1
- Official identity card of the legal representative.
- Verified proof of address.
- A number of units and registration before the Public Transportation System (STC).
2.3.3 Payment rate according to the destinations and the origins, with the estimated transit lead-time and validity.
2.3.4 The signature of a contract for the provision of services and a non-disclosure agreement for the information and protection of the group’s clients are recommended.
2.3.5 For the services contracting, the Freight Forwarder’s account manager or personnel shall send a letter of instructions to the Carrier, by email or fax.
2.3.6 The letter of instructions shall contain at least:
- Name of the shipper or sender
- Information of the shipper or sender
- Address for the cargo collection.
- Name and information of the freight forwarder.
- Description of goods to be transported
- Net weight
- Gross weight
- Volume
- Quantity
- Name of the Consignee
- Destination address.
- Name of the person to be notified.
- Customs agent to be contacted (in case of international transportation)
- Observations
- Annexed documentation.
- Invoice
- Packing list
- Origin Certificate
- Other
2.3.7 At the start of the service, the carrier shall deliver the Freight Forwarding Agent the unit number, the driver, copy of the waybill and other conditions that are required.
2.3.8 The carrier and the driver shall carry the waybill at all times when transporting the merchandise from its loading to its delivery.
2.4 Payments. Payments shall be made in advance or for rendered service, with their corresponding invoice.
2.4.1 The commercial invoice shall contain the requirements determined by the applicable legislation in the national territory.
2.4.2 The invoices that include connected services, in case of tax payments and other services derived from the exportation and importation of merchandise on behalf of the client, shall be made on a separate sheet of paper.
2.5 Delays, merchandise losses and transportation means.
2.5.1 The Freight Forwarding Agent’s account manager or personnel shall monitor the transportation of merchandise by verifying the recollection and delivery on the estimated times by the carrier, in accordance with its payment rate.
2.5.2 In case of a delay, there shall be a written notice, that includes the reasons to the Client, within the 12 hours following the estimated time of delivery.
2.5.3 The Freight Forwarding Agent’s account manager or personnel shall give notice of any accident that the merchandise suffers and shall inform in writing to the client, within the 12 hours following the accident.
2.5.4 The legal department of the Freight Forwarding Agent shall be notified to deal with the problem derived from:
- Detention of the truck.
- Detention of the merchandise.
- Merchandise robbery.
- Transportation accident.
- Spilling or explosions (IMO merchandise)
- Any other contingency related to the merchandise.
2.5.5 The Freight Forwarding Agent is liable as the merchandise operator when it:
- DOES NOT receive the merchandise in the agreed time and place.
- DOES NOT start and conclude the trip within the agreed term and route specified in the agreement.
- Keeps and takes care of the merchandise under its exclusive responsibility, from the moment of reception until the moment of delivery, to the consignee’s full satisfaction.
- DOES NOT deliver the merchandise to the holder of the waybill or the corresponding order.
- DOES NOT deliver the merchandise in the weight, amount and measurement considered in the waybill, unless they are in barrels, boxes or packages, if that is the case, they shall be delivered without any exterior damage.