Terms and Conditions

Key Logistics Colombia

SEA OR AIR FREIGHT FORWARDING QUOTATION NOTES

Terms of Service:

The CLIENT must provide KEYLOGISTICS with the information of the consignee’s NIT and the tariff item or sub-item at least 72 hours prior to the arrival of the cargo to Colombia, in order to incorporate this information in the SIE. In case of not providing this information, KEYLOGISTICS will record this information through the SIE.
KEYLOGISTICS’ responsibility as an international freight forwarder is limited to the procurement of space and bookings acting as a coordinator and therefore does not represent the cargo owners. Under no circumstances may it be construed as a service of a carrier Therefore, it is agreed that KEYLOGISTICS is not jointly and severally liable for the obligations of the carrier (Art. 1313 C. Co).
By accepting the offer, you confirm that you are aware of and fully informed about the conditions of transport and its risks. If you do not feel well informed, please inform KEYLOGISTICS in writing and refrain from trading. The foregoing in accordance with the provisions of Article 37, paragraph 3 of Law 1480 of 2011 (Consumer Statute), it is expressly stated that you know and have in advance the conditions of the offer and have obtained the corresponding explanation. KEYLOGISTICS is committed to handle your information confidentially. Please note that the electronic transmission of information over global communications networks may not be secure, and therefore there is no guarantee as to the confidentiality, secrecy or security of your information. Do not transmit information that is subject to reserve, confidentiality or secrecy of any kind, nor can you guarantee that such information will be treated under the professional secrecy of KEYLOGISTICS.
If there are no precise instructions on the special handling to be given to the cargo, it is understood that the treatment is the same as for general cargo.
For the purposes of the anticipated presentation of the import declaration, it is up to the client directly or through its customs agency to verify with our operations and customer service department the itinerary changes reported by the airlines or shipping companies regarding the arrival of its cargo. This is in order to comply with the deadlines stipulated by the customs authority.
Inform your suppliers of the damage caused by incorrect information on the documents (volume, number of pieces, generic identification of the goods, etc.). The importer will assume the cost of corrections, fines or customs penalties originated by the erroneous information given by the exporter or supplier, as well as warehousing and/or container rental caused by events beyond the control of KEYLOGISTICS (for example: strike, holidays, change of itinerary, force majeure, etc.).
Please note that airlines and shipping lines do not guarantee the reservation of space and do not assume responsibility for the possible partial or delayed shipment, so the extra commercial and customs operation costs that this represents, must be assumed by you, since those offered are approximate times of arrival ETA.
International Standard for Phytosanitary Measures – ISPM No. 15 (ISPM 15) We inform our customers that they are solely responsible for proper compliance with the wood packaging standard. KEYLOGISTICS does not assume any kind of responsibility for the consequences of non-compliance with such national and international legal regulations.
Refrigerated, frozen or heated goods: For refrigerated, frozen or heated goods, KEYLOGISTICS does not assume any kind of responsibility when the damage is not caused by the transportation operation.
For the transportation of dangerous or high-risk goods, the shipment must be pre-alerted through the service order 48 hours in advance, term required to coordinate notice and receive transit authorization from the insurer. Cargoes categorized as “high value” and risk must comply with the agreed security protocol.

For FCL imports on FOB terms, the consignee must request its supplier at origin to require its inland carrier to inspect the containers upon leaving the shipping yard and in cases where any damage to the containers is identified (bumps or breaks in the structure of the container, stains or tears on the floor or any other anomaly), request that such event be noted in the EIR (departure commodatum) and take photographs of the container before loading the goods or request a change of equipment. Only with these supports will it be possible to claim before the shipping company invoices issued for damages or cleaning.
FREE DROP OFF SUBJECT TO AVAILABILITY IN YARDS AND CONDITION OF THE UNIT AT THE TIME OF ITS RETURN: The reception of empty units in yards within the country (Bogota, Medellin and Cali) will be subject to the availability of spaces and the condition of the unit. In the event of any damage to the container, it must be returned to the port of entry and the cost of transportation shall be borne by the importer. In case of a claim, KEYLOGISTICS will process it with the shipping company without being responsible for the decision notified.
When delays, damages and/or container cleanings exceed usd 100, Keylogistics will additionally invoice an Administration Fee of usd 25 corresponding to administrative handling.
Please note that container delays caused by exceeding the free time confirmed for empty container return in our commercial proposal, will be invoiced as own revenue.

Commercial Conditions

In order to guarantee that the offered rate is correctly applied by our agent abroad, we request that the order confirmation be previously sent via e-mail or to our main address, to ensure follow-up and provide timely information about your shipments.
KEYLOGISTICS is free to select the international carrier based on reservations and space availability.
The rates and services presented in our condition of INTERNATIONAL FREIGHT AGENT in the contracting of transportation are subordinated to the changes in air and sea rates.
Freights will be settled for air and sea imports at the rate in reference or according to the conditions established in the handling invoice.
If the invoice appears in a currency other than the Colombian peso or is converted to dollars, it must be paid at the R.R.M. rate of the date of payment plus 30 pesos, provided that this value is not lower than the rate recorded on the sales invoice.
The airlines and/or shipping lines, nor we guarantee the reservation of space, nor assume responsibility for the possible partialization or delay of the shipment, so the extra commercial costs and customs operation that this represents, must be assumed by the CUSTOMER.
We are not responsible for quoting changes, delays, unforeseen events or force majeure events that have the lines involved in their various movements, in case of any situation that generates an extra-cost will be billed to the CUSTOMER.
When the customs or competent authority orders the mobilization of the cargoes in order to proceed with the respective recognition of the same, the costs inherent to this transfer and handling of the cargoes will be invoiced as third party income.

Insurance and Claims Conditions

All merchandise must have an insurance taken by the client against all risks; for cases in which this insurance does not exist, one must be taken under the modality of specific policy through KEYLOGISTICS and will be billed at the agreed rate; as Freight Forwarder we are not responsible for loss, losses, damages, etc. suffered by the merchandise, since the responsibility is direct of the importer and/or the transporting line, its shipping agents, port operators and other entities contracted or subcontracted directly or indirectly by each participant in each operation.
Our contractual liability shall in no case exceed the limitations stipulated in the official regulations in force for sea, air or land transportation as mentioned on the back of the corresponding shipping documents.
Any claim presented by the client contracting the operation will be attended via subrogation; this provision constitutes a contractual and mandatory condition and the Montreal agreement, Haya Visby and other regulations that complement and/or modify them will be applied.
The deductible applied by the client’s insurer will be assumed by the client, i.e., it cannot be recovered.
In the event that our agent assumes obligations as carrier, his liability shall in no case exceed that assumed by the shipping, air and land transportation companies or any other intermediary involved in the course of transportation.

Legal Conditions

Commercial Code
Hague Visby Convention
Montreal Convention

MORE INFORMATION AT www.keylogisticsgroup.com

NATIONAL GROUND TRANSPORTATION SERVICE NOTES

Terms of Service

The weights indicated in tons for each of the scales do not include the tare weight of the container, therefore, it should be considered for the 20-foot container 2,300 kg and for the 40-foot container 4,300 kg.

The services of loading or unloading of the goods shall be assumed by the generator of the cargo, unless it is agreed to contract this service by express order, in which case they shall be charged as an additional amount to the inland freight quoted.

The rates for 20″ containers correspond to consolidation rates, in case it is not possible to consolidate, the express quota rate will be used after specific negotiation for each shipment.

The greater weight between the document and the actual weight on the scale at the port exit will be charged.

According to Decree 2092 of June 14, 2011, if in the development of the operation including the processes of loading or unloading of goods there are external factors that delay or delay the start and/or successful completion of the contracted trade, it will be cause without exception of the recognition of the stand by which will be applied after 12 hours of waiting including the time of loading or unloading.

In case of force majeure due to weather conditions, congestion, stoppages or high seasons, the price will be modified according to costs transferred by transportation companies or, if necessary, express service will be chosen.

The documentary weights of your goods must coincide with the actual weight, as excess weights, except for the established tolerance margins, entail fines which are equivalent to a percentage according to the difference presented.

CARRIER has the freedom to select the carrier according to the availability of vehicles and subject to availability of space when it comes to cargo consolidation.

It is the responsibility of the sender of the cargo to inform about the special conditions for loading, packing or distribution, in case there are no precise instructions about the special handling that should be given to the cargo, it is understood that the treatment of the cargo is the one that is carried out for general cargo and the sender will be responsible for the payment of the damages derived from the inadequate handling, according to article 1010 of the Code of Commerce.

All cargo will be subject to the application of a security protocol (attached to this offer) according to the nature and value of the cargo.

The freight rates and services presented in our capacity as coordinators of the national land transportation operation are subordinated to the changes in the companies’ rates.

The customer will assume the cost of corrections, fines or penalties originated by the erroneous information given, as well as warehousing and/or container rentals caused by events unrelated to the management of THE OVERLAND CONVEYOR (e.g. strike, holidays, change of itinerary, force majeure, etc.), please inform your suppliers of the damage caused by incorrect information on the documents (volume, number of pieces, generic identification of the goods, etc.).

The documented weights of your goods must coincide with the actual weight since the excess of 1 kilogram and upwards may result in fines of 1(one) and 700 (seven hundred) monthly minimum wages in force (SMMLV) according to law 336/96.

In case of force majeure due to weather conditions, congestion, stoppages or high seasons, the price will be modified according to costs transferred by transport companies or if your merchandise is urgent, we will opt for express service.

International Standard for Phytosanitary Measures – ISPM No. 15 (ISPM 15) We inform our customers that they are solely responsible for proper compliance with the wood packaging standard. The LAND CARRIER does not assume any kind of responsibility for the consequences of non-compliance with such national and international legal regulations.

Insurance and Claims Conditions

CARRIER may make use of the right of retention established in Article 1033 of the Code of Commerce, for non-payment of freight or expenses generated in the operation and which are for the account of the customer.

All goods must have an insurance taken out by the customer for the protection of the goods and the CUSTOMER shall inform about the particular conditions and guarantees required in the policy and must be complied with in the execution of the transport operation.

In case this insurance does not exist, a specific policy shall be taken out through the LAND CARRIER, and it shall be invoiced at the agreed rate.

THE GROUND CONVEYOR, has a civil liability insurance with an insured limit per dispatch equivalent to $(___), for dispatches exceeding this limit, a fee must be paid on the excess, which will be calculated at (___)% or otherwise the client’s insurer must present a non-subrogation charge.

Any claim presented by the client contracting the operation will be attended via subrogation. This provision constitutes a contractual and binding condition.

The deductible applied by the customer’s insurance company shall be assumed by the customer, i.e., the customer shall not be able to recover it from the LAND CARRIER.

Legal Conditions

Commercial Code
Drafting of used merchandise and machinery.

EXPORT NOTES – ACI

Freight rates and services presented in our capacity as ACI and international transportation contracting are subject to changes in air, sea and land rates.
Please inform your suppliers of the damages caused by incorrect information in the documents (volume, number of pieces, generic identification of the merchandise, etc.) The exporter will assume the cost of corrections, fines or customs penalties caused by the erroneous information given by the exporter or supplier, as well as the storage and/or rental of the container caused by events unrelated to the handling of the merchandise. ACI (e.g. strike, holidays, change of itinerary, force majeure, etc.).
Our contractual liability shall in no case exceed the limitations stipulated in the official regulations in force for sea, air or land transportation as mentioned on the back of the corresponding shipping documents.
If there are no precise instructions on the special handling to be given to the cargo, it is understood that the treatment of the cargo is the same as for general cargo.
For the dispatch and follow-up of the operational process, it is required to fill out the shipping instructions, merchandise insurance and Circular 170 of 2002.
The dates of documentary and physical closure of LCL cargo are established in the itineraries, any variation or special acceptance of booking receipt and cargo that is outside these dates (CUT OFF) exempt ACI of responsibility for shipping and payment of extra costs generated by any eventuality, as it is automatically subject to quota, additionally keep in mind that any changes in the dates of the closures are subject to changes made by the lines.
All cargoes must be delivered to ports properly labeled and packed for easy identification at the time of consolidation and deconsolidation of the container.
THE SHIPPER is responsible for verifying the gross mass of the containers, for this reason, prior to each export shipment, the ACI shall request the delivery of the weight certificate verified on properly calibrated and certified scales, duly signed by the SHIPPER, in accordance with the provisions of Resolution No 2793 of July 1, 2016 of the Ministry of Transportation and Resolution 0004 of July 1, 2016 of the DIMAR.
It is the responsibility of the customs broker to ensure that the corresponding documents are authorized before the Port Company and DIAN. ACI is not responsible for any extra costs generated by any eventuality. These will be transmitted to the customer.
All documentation: BLS Cutting, Shipment Authorization, Document with entry number to the Port Society. It must be delivered exclusively at PORTS.
ACI is not responsible for the shipment of cargo that is notified as general cargo and in port shows dangerous cargo labels and does not have prior authorization from the shipping company. The customer must assume any extra costs that may be generated by a change in the container in a given case.
For security reasons, the exporter or customs broker must accompany the cargo with its respective letter of responsibility and present it to the port authorities, both for the journey and at the time of inspections. This is for security reasons.
The cancellation of reservations may be made 48 hours prior to the closing of the vessel, otherwise the requesting company will be billed for any additional costs incurred within the stowage schedule, with a penalty NOT MINIMUM to USD 200.

International Standard for Phytosanitary Measures – ISPM No. 15 (ISPM 15) We inform our customers that they are solely responsible for proper compliance with the wood packaging standard. ACI assumes no responsibility whatsoever for the consequences of non-compliance with such national and international legal regulations.

Insurance and Claims Conditions:

All merchandise must have insurance taken out by the customer for the protection of the merchandise. If this insurance does not exist, a specific policy must be taken out through ACI and will be billed at the agreed rate.

Any claim presented by the client contracting the operation will be attended via subrogation.

ACI is not responsible for losses, losses, damages, etc., suffered by the merchandise, since the responsibility is directly of the lines that intervene in the transports, their shipping agents, port operators and other entities contracted or subcontracted directly or indirectly by each participant in each operation.

The Hague Visby Rules, the Montreal Agreement and other regulations that complement and/or modify them shall be applied for the purpose of attending to claims.

In the event that our agent assumes obligations as carrier, his liability shall in no case exceed that assumed by the shipping, air and land transportation companies or any other intermediary involved in the course of transportation.

Commercial Conditions:

If the invoice appears in a currency other than the Colombian peso, it must be paid at the MARITIMA exchange rate of the day of payment according to the currency of issue on the date of invoice, as long as it is not lower than the base exchange rate appearing on the invoice. T.R.M. of the date of the invoice, plus $30.00

The invoices issued by ACI for services rendered and object of this contract constitute an enforceable title and shall become due on their due date without the need for additional acceptance.

OTM QUOTATION NOTES

Terms of Service:

Freight rates and services presented in our capacity as Coordinators of Multimodal Transportation Operators in connection with the contracting of transportation, are subordinated to changes in air, sea and land rates.

When the type of cargo requires ADVANCE DECLARATION; in case freight certification is required, this must be informed in advance and in writing by e-mail.
Original transport documents will only be issued at destination if our overseas agent has received precise instructions from your supplier.

Please inform your suppliers of the damage caused by incorrect information on the documents (volume, number of pieces, generic identification of the goods, etc.). The importer will assume the cost of corrections, fines or customs penalties originated by erroneous information given by the exporter or supplier, as well as warehousing and/or container rental caused by events beyond the control of KEYLOGISTICS (for example: strike, holidays, change of itinerary, force majeure, etc.).
Please note that airlines, shipping lines, nor we as OTM guarantee the reservation of space and assume no responsibility for the possible partial or delayed shipment, so the extra commercial and customs operation costs that this represents, must be assumed by the importer.
Refrigerated, frozen or heated goods: For refrigerated, frozen or heated goods, KEYLOGISTICS does not assume any kind of responsibility when the damage is not caused by the transportation operation.
STAND BY DECREE 2092 of June 14, 2011: If in the development of the operation including the processes of loading or unloading of goods there are external factors that delay or delay the start and/or successful completion of the contracted trade, it will be cause without exception to the Stand By which will apply after 12 hours of waiting including the time of loading or unloading.
We reserve the right to carry out the OTM process.
The service order must be filled out in its entirety, if this information is not provided it will be cause for rejection of the OTM operation.
The documentation required for the management of the OTM must be delivered at least three (3) working days prior to the arrival of the vessel in order not to affect the operation. If the documentation is not complete and legible, we reserve the right to carry out the operation since all documentation is required by the DIAN.
The times stipulated for OTM handling are those authorized by Customs from the completion of the main transport in the MUISCA system, except in cases of force majeure.
Theoretical documentary weights of your goods must coincide with the actual weight since the excess of 1 Kilogram and above may result in fines under law 336/96, or seizures.
The physical inspection generates mobilization and port operator charges, which will be billed as income to third parties.
In case of force majeure due to weather conditions, congestion, stoppages or high seasons, the price will be modified according to costs transferred by transport companies or if your merchandise is urgent, we will opt for express service.

The offering of this service is subject to changes made by the port customs for the handling of voyage continuations.
As coordinators of the operation, we have the freedom to select the carrier according to reservations and subject to space availability. All prices are based on current rates and changes in effect, and are subject to change without notice.
We are not responsible for changes, delays, unforeseen events or forces majeure of the conveyor lines involved in their various movements.
The weight of the goods must be added to the weight of the container, the average tare for the container.
The commodatum contract will be signed as coordinators of the multimodal transportation operation upon presentation of the letter of guarantee of use of the container, the constitution of the deposit and compliance with the other requirements demanded by each shipping company to the importer.

Documents required for the OTM process

Fully completed service order
Complete data of the importer of the cargo (NIT, address, telephone number, e-mail).
Copy of the RUT of the importer of the cargo.
Original B/L
Legible copy of the commercial invoice in accordance with articles 187 and 188 of resolution 4240/00.
Legible copy of packing list
Type, nature and description of the goods in Spanish in writing
FOB value of goods in writing
Copy of insurance policy
Product certifications or import authorizations
Datasheet if the goods are dangerous

Insurance and Claims Conditions

All merchandise must have insurance taken out by the customer for the protection of the merchandise. If this insurance does not exist, a specific policy must be taken out through KEYLOGISTICS and will be billed at the agreed rate.
Any claim presented by the client contracting the operation will be attended via subrogation.
The deductible applied by the client’s insurance company will be assumed by the client, that is to say, he/she will not be able to recover it from KEYLOGISTICS.

Commercial Conditions:

Freight will be settled for air and ocean imports at the rate in reference listed on our commercial invoice.
As OTM coordinators, we reserve the right to request an adjustment in the event that currency fluctuation exceeds unpredictable rates.
If the invoice appears in a currency other than the Colombian peso or is converted to dollars, it must be paid at the R.R.M. rate of the date of payment plus 30 pesos, provided that this value is not lower than the rate recorded on the sales invoice.
To ensure that the rate offered is applied correctly, we request that you send us the order confirmation by e-mail or in writing to our offices to ensure follow-up and provide timely information on your shipments.

Legal terms and conditions

LACKING IN AN OTM OPERATION: If in the Colombian port during the inspection or at final destination it is established that the merchandise arrives with a lack of merchandise in units or weight as a consequence of not having been shipped in its entirety, or due to an error in the information consigned in the documents, the client is obliged to deliver a certification from the supplier that certifies it, which must be apostilled / consularized. If this document is not processed, the customer will be responsible for the payment of the penalty and taxes established in the customs regulations (decree 2685 of 1999, resolution 4240 of 2000 and decree 390 of 2016 (including its amendments)).
Liabilities to cargo and third parties according to JUNAC decision 331 and 393 and the commercial code.
International Standard for Phytosanitary Measures – ISPM No. 15 (ISPM 15: We inform our distinguished customers that they are solely responsible for the proper compliance with the wood packaging standard. OTM assumes no liability whatsoever for the consequences of non-compliance with such national and international legal regulations.

MORE INFORMATION AT www.keylogisticsgroup.com

Key Logistics Panamá

Terms & Conditions:

Rates are only valid for general cargo and do not apply for dangerous goods, oversized, perishable, high value or personal effects shipments
Rates are subject to final confirmation of exact dimensions, packaging and weight
Any special documentation, handling or equipment requirement, will be invoiced separately.
Rates are based on services via carrier of our choice
Rates are exclusive of any storage or additional charges accrued due to Customs Exam
Rates are subject to fuel cost & foreign currency fluctuations.
Rates are subject to space availability with carriers and subject to market conditions at time of booking
Transport insurance is available upon written request.
All shipments are handled pursuant to the Terms and Conditions of Service applicable House Ocean Bills of Lading and Air Waybills.
The said Terms are incorporated herein and made part of this quotation and shall be binding upon the Customer

Refer to full terms on our website at: https://keylogisticsgroup.com/terminos-y-condiciones/panama-terms-and-conditions/

Terms and Conditions

Key Logistics Colombia

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