Estafeta Courier or Parcel Services Agreement

COURIER AND PARCEL SERVICES AGREEMENT THAT CELEBRATE, ON THE ONE PARTY, ESTAFETA MEXICANA, S.A. DE C.V., ESTABLISHED IN ACCORDANCE WITH MEXICAN LAW ON SEPTEMBER 8, 1979, IN DEED 31,464, BEFORE NOTARY 28 IN THE FEDERAL DISTRICT, WHO SHALL HEREINAFTER BE REFERRED TO AS “THE SUPPLIER”, AND ON THE OTHER PARTY THE SENDER, HEREINAFTER “THE CONSUMER”, WHOSE DATA APPEAR IN THE WAYBILL, IN ACCORDANCE WITH THE FOLLOWING STATEMENTS AND CLAUSES:

STATEMENTS

1. THE SUPPLIER states that:
1.1 It is a commercial company established in accordance with the laws of the Mexican Republic as stated in public deed number 31,464, dated August 8, 1979 granted before Mr. Carlos A. Yfarraguerri y Villareal, Notary Public no. 28 of the Federal District, registered in the Public Registry of Commerce of Mexico City, D.F. under commercial folio number 12,649, on October 8, 1979 1.2 It changed its name to “Estafeta Mexicana, S.A. de C.V.”, by means of public deed number 21,304, dated April 28, 1988, granted before Mr. Maximino García Cueto, Notary Public number 14 of the Federal District. 1.3 Its representative accredits his personality with a copy of public deed number 171,237, dated March 2, 2009, granted before Mr. Alfonso González Alonso, Notary Public number 31 of the D.F., whose powers that have not been revoked, nor limited in any way to this date 1.4 Its address for the purposes of this agreement is located at Av. Jose Vasconcelos número 105, Piso 4, Col. Hipódromo Condesa, Del. Cuauhtémoc, C.P. 06170, Mexico City, it has as Federal Taxpayer Registry EME880309SK5. Within its corporate purpose is the provision of national and international expedited courier and parcel services. 1.5 It has personnel hired to develop its corporate purpose, the lack of own resources makes the intervention of THE SUPPLIER necessary to carry out courier and parcel services.

2. THE CONSUMER states that:
2.1 She/He is named as stated in the WAYBILL. 2.2 It is her/his wish to be bound by the terms and conditions of this Agreement. 2.3 Its address is the one indicated in the WAYBILL data. The parties agree to the modality of the contracted service, in the terms indicated in the WAYBILL which will be subject to the following:

DEFINITIONS

For the purposes of this Agreement, the meanings of the following words or terms, regardless of their use in plural or singular, will be as follows:
1. CONSUMER.- Also identified as SENDER or the person acquiring the WAYBILL, is the person sending the courier and parcel service. 2. RECIPIENT.- It is the person to whom the SHIPMENT is addressed according to the data recorded in the WAYBILL. 3. SHIPPING RECEIVER.- Individual, of legal age, who receives the SHIPMENT at the destination address and who signs the delivery. 4. WAYBILL.- It is the numbered document that THE SUPPLIER will issue to the CONSUMER, in which it will record, among other information: the identity and addresses of THE CONSUMER (as defined below), the RECIPIENT (as defined below) the printing date of the WAYBILL. 5. SHIPMENT.- It is the properly packaged and labeled envelope or package, which will be transported and delivered by THE SUPPLIER at the ADDRESS NAMED AS DESTINATION.

CLAUSES

FIRST. PURPOSE.-THE SUPPLIER is obliged to THE CONSUMER to deliver the SHIPMENT to the RECIPIENT address in the terms described in the WAYBILL payment receipt.

SECOND. PRICE.-THE CONSUMER is obliged to pay the SUPPLIER for the SERVICES provided, the fees in effect at the time of SHIPPING, which are available to THE CONSUMER at each point of sale or on the page www.estafeta.com, which are determined considering the place of origin and destination, the package weight, either in kilograms or volumetric, (in centimeters according to what results from multiplying length, width and height divided by 5000), whichever is greater, plus a percentage of fuel charge, whose percentage can be consulted at points of sale or on the aforementioned electronic page.

THIRD. DELIVERY TERM.- THE SUPPLIER is obliged to deliver the SHIPMENT on time, through operators who will appear properly uniformed and identified with the RECIPIENT. The term will be counted from the SHIPPING receipt and documentation, therefore, the SUPPLIER’s delivery times published in its Price List must be considered, which will be visible to the public at each point of sale.

FOURTH. CONSUMER OBLIGATIONS.- THE CONSUMER is obliged to THE SUPPLIER:
a. To pay the service fee and taxes; b. To answer for the veracity of what he declared in the WAYBILL, stating under oath that he legally owns the SHIPMENT and that it has the power to enter into this agreement; c. To remove the SUPPLIER in peace and safety, as well as its staff, representatives and carriers from any claim or liability arising from the SHIPMENT content and must pay upon presentation of a simple receipt the damages and losses incurred; d. To pay upon delivery of the SHIPMENT the expenses and costs for storage and/or return of the SHIPMENT to its place of origin, motivated by errors not attributable to the SUPPLIER.
FIFTH. CONDITIONS OF SERVICE.- THE CONSUMER acknowledges and accepts that:
e. The service will be provided as long as THE CONSUMER has unequivocally inserted the data from the WAYBILL; f. THE SUPPLIER will choose the transportation; g. If the content does not agree with what was declared, or is one of those included in the tenth clause, THE SUPPLIER is automatically released from its obligations and will notify THE CONSUMER about the place and conditions of the SHIPPING so that he can assume his responsibilities; h. THE SUPPLIER has the right, but not the obligation, to inspect the SHIPMENT, so it may: i) demand from the CONSUMER, ii) make the decision for itself, and iii) at authority request; proceed to the opening and recognition of the SHIPMENT, if the CONSUMER refuses, THE SUPPLIER will be free of any responsibility; i. THE SUPPLIER will have the right to withhold the SHIPMENT when THE CONSUMER owes charges for the contracted service, without prejudice to the latter deducting the actions that correspond to him. j. In the event of total loss, damage or impairment, THE CONSUMER may make the Sixth and Seventh Agreement Clauses effective as appropriate.
SIXTH. MAXIMUM LIABILITY.- The parties agree that, if SHIPMENT value is not declared and suffers, for reasons attributable to the SUPPLIER, total loss, damage or impairment, THE SUPPLIER will pay as maximum responsibility for loss or damage, the equivalent amount of up to 30 (Thirty) times the Updated Measurement Unit (UMA, for its acronym in Spanish), effective on the date the SHIPMENT has been received and documented. THE CONSUMER must justify the commercial value of the loss or its repair through reliable documentation. In the event of declared value SHIPPING, it must be insured, and the responsibility will be, in accordance with the twelfth clause.

SEVENTH. FAILURE TO COMPLY WITH THE DELIVERY TERM, CONVENTIONAL PENALTY.-If THE SUPPLIER does not comply with the delivery deadline due to reasons attributable to itself, upon written request by THE CONSUMER, within 20 (Twenty) business days following SHIPMENT receipt, THE SUPPLIER will provide with a free service similar to the one contracted between the same cities and up to the same weight of the delayed SHIPPING.. This free service will be non-transferable and must be used within 12 months from the day the delayed SHIPPING was received and documented. Except for the responsibility that THE SUPPLIER has in this clause, the parties agree that THE SUPPLIER does not assume any other responsibility for delay in the collection, documentation, transportation or delivery of the SHIPMENT

In the event that ESTAFETA cannot deliver on the first attempt, will leave a notice to the RECIPIENT and a second visit will be scheduled at no additional cost according to the zip code service frequency; if for the second time the SHIPMENT cannot be delivered, ESTAFETA will deposit it at the point of sale closest to the DESTINATION ADDRESS leaving a notice to the RECIPIENT; the SHIPMENT will remain up to 10 (ten) calendar days at the point of sale before being returned to the CONSUMER.

EIGHTH. LIMIT OF LIABILITY.- The parties agree that, in the event of loss, damage or delay, for no reason will THE SUPPLIER be responsible for direct or indirect damages caused to the CONSUMER, the RECIPIENT or any third party, including, without limitation, losses on sales, profits, interest, expected profits, market losses, etc. In any case, both parties agree that the responsibilities that THE SUPPLIER assumes are exclusively those provided for in the sixth and seventh clauses.

NINETH. EXCLUSIONS OF LIABILITY.- The parties agree that THE SUPPLIER will not be responsible for loss, damage, mis-delivery, non-delivery, or delayed delivery of the SHIPMENT caused by:
k. Unforeseeable event, force majeure, or other cause beyond the control of THE SUPPLIER; l. By acts or provisions of any authority; m. Incorrect or incomplete RECIPIENT address information; n. Electrical or magnetic damage, erasure, or any other damage to electronic, photographic, or recorded images of any type; o. THE CONSUMER use insufficient or inadequate packing or packaging.

TENTH. CLAIM.- In the event of damage, loss, partial loss, or misplacement THE CONSUMER must submit her/his claim in writing to THE SUPPLIER within 24 business hours after receiving it or confirming the loss. Claims will be directed to THE SUPPLIER Customer Service department in Mexico City.

ELEVENTH. SHIPPING RESTRICTIONS.- THE SUPPLIER does not accept to receive SHIPMENTS containing: money, negotiable instruments, securities, jewelry, antiques, precious metals, pieces of art, carbons or industrial diamonds, glass in all its presentations, alcoholic beverages, liquids, detergent, perishable and easily decomposed items, weapons, explosives, plants and animals, obscene or offensive materials or counterfeit, controlled and restricted circulation medications, pornography, packaging with hazardous materials or waste symbols; effects restricted by laws or by authority provisions and/or by IATA, including hazardous materials in their handling, such as corrosive, flammable, magnetic or radioactive, those that give off bad odors, as well as articles of foreign origin that are not legally protected with documentation that proves their legal entry into the country, the original or notarized certified copy must be attached to the SHIPMENT, likewise, the SHIPMENT must be properly packaged, (not black packaging or egg carton).

TWELFTH. OPTIONAL TRANSPORT INSURANCE.- If the SHIPPING commercial value is declared, upon payment of the corresponding premium made by THE SENDER, THE SUPPLIER must contract transportation insurance with an authorized company in favor of THE CONSUMER covering SHIPMENT partial or total loss, damage, or impairment. Claims will be submitted directly to the insurance company, THE SUPPLIER being obliged to deliver the notice of loss or damage to the insurer and the deductible will be the responsibility of the SENDER, according to the price list displayed at points of sale. In any case, THE CONSUMER must verify, when submitting his claim, the commercial value of the total or partial loss or its repair through reliable documentation. In the event that the CONSUMER declares the value of the SHIPPING and does not acquire the optional Transport Insurance referred to in this clause, the maximum SUPPLIER responsibility will be that declared in the sixth clause.

THIRTEENTH. CANCELLATION.-The CONSUMER may cancel the shipment, without giving cause and without incurring liability, on the same day it was requested until before the shipment connects with THE SUPPLIER'S network, by written notice at the point of sale where the purchase was made, or suitable means that guarantees that THE SUPPLIER receives the cancellation request.

FOURTEENTH. NOTICE OF PRIVACY.- ESTAFETA MEXICANA, S.A. de C.V., with address in Av. Jose Vasconcelos número 105, Piso 4, Col. Hipódromo Condesa, Del. Cuauhtémoc, C.P. 06170, Mexico City, will use the personal data collected for the fulfillment of the AGREEMENT, in the terms of the Privacy Notice that can be consulted on the page www.estafeta.com/Privacidad, at points of sale as well as on your purchase receipt. THE CONSUMER may state that she/he does not want her/his personal data to be used for marketing purposes through the process established in the Privacy Notice.

FIFTEENTH. JURISDICTION.-For the interpretation or fulfillment of this agreement, the parties state that they are competent within the sphere of their powers and, as the case may be, to the Federal Consumer Prosecutor's Office and the Common Jurisdiction Courts of Mexico City, and the laws that govern Mexico City, expressly waiving any other jurisdiction that may apply to them due to their present or future address.
This Agreement is accepted by both parties on the date and place of issuance of the purchase receipt that THE CONSUMER will receive for the purchase of the service. THE CONSUMER will keep a copy of this Courier and Parcel Services Agreement, which will be found on the back of the aforementioned purchase receipt.
This model of Adhesion Agreement was registered in the Public Registry of Adhesion Agreements of the Federal Consumer Prosecutor's Office, under the number 6999-2019 dated September 27, 2019, file PFC.B.E.7/007387-2019.

INTERNATIONAL COURIER AND PARCEL SERVICES ARE SUBJECT TO THE AGREEMENT APPROVED AND REGISTERED WITH THE FEDERAL CONSUMER PROSECUTOR’S OFFICE, WHICH CLAUSES ARE IDENTICAL TO THOSE OF THE PREVIOUSLY TRANSCRIBED AGREEMENT, EXCEPT THE FOLLOWING:

FOURTH. CONSUMER OBLIGATIONS.- THE CONSUMER is obliged to THE SUPPLIER: p. To pay the service fee and taxes; q. To deliver all documentation in compliance with the applicable legal, customs, export and import provisions of the countries to, from, or through which the SHIPMENT will be transported, and to make the payment of the expenses and costs that this originates, including without limitation, surcharges, tariffs, fines, fees, etc., therefore, THE SUPPLIER does not assume any responsibility for failure to comply with these obligations; r. In response to the veracity of what he declared in the WAYBILL, stating under oath that he legally owns the SHIPMENT and that it has the power to enter into this agreement; s. To remove the SUPPLIER in peace and safety, as well as its staff, representatives and carriers from any claim or liability arising from the SHIPMENT content and must pay upon presentation of a simple receipt the damages and losses incurred; t. e. To pay upon delivery of the SHIPMENT the expenses and costs for storage and/or return of the SHIPMENT to its place of origin, motivated by errors not attributable to the SUPPLIER.
SEVENTH. FAILURE TO COMPLY WITH THE DELIVERY TERM, CONVENTIONAL PENALTY.-If THE SUPPLIER does not comply with the delivery deadline due to reasons attributable to itself, upon written request by THE CONSUMER, within 20 (Twenty) business days following SHIPMENT receipt, THE SUPPLIER will provide with a free service similar to the one contracted between the same cities and up to the same weight of the delayed SHIPPING. This free service will be non-transferable and must be used within 12 months from the day the delayed SHIPPING was received and documented. Except for the responsibility that THE SUPPLIER has in this clause, the parties agree that THE SUPPLIER does not assume any other responsibility for delay in the SHIPMENT collection, documentation, transportation, or delivery.

In the event that the SHIPMENT cannot be delivered on the first attempt, it will be taken to a contact point of the Carrier closest to the address of the RECIPIENT, leaving a notice, SHIPPING will remain up to 10 (ten) calendar days at said contact point, if it is not collected, the SHIPPING treatment will be agreed with the CUSTOMER, the cost of which will be borne by the CUSTOMER, if applicable.
NINTH. EXCLUSIONS OF LIABILITY.- The parties agree that THE SUPPLIER will not be responsible for loss, damage, mis-delivery, non-delivery, or delayed delivery of the SHIPMENT caused by: u. Unforeseeable event, force majeure, or other cause beyond the control of THE SUPPLIER; v. By acts or provisions of any authority; w. Incorrect or incomplete RECIPIENT address information; This model of Adhesion Agreement was registered in the Public Registry of Adhesion Agreements of the Federal Consumer Prosecutor's Office, under the number 6996-2019 dated September 27, 2019, file PFC.B.E.7/007388-2019.