TERMS AND CONDITIONS OF CARRIAGE – AGILMARKET MEXICO

IMPORTANT NOTICE: By handing over your shipment, you agree to all the terms set forth herein, regardless of whether or not you sign the front of the air waybill. No person is authorized to alter these terms.

1. Definitions and Acceptance of the Service

In this contract, «+AGILMARKET» refers to +AGILMARKET MÉXICO, its branches, employees, and contractors. «You» o «Sender» refers to the person or entity that delivers the shipment.

• «Shipping»: This refers to all documents or packages shipped under a single air waybill and that may be transported by any means (air or land) that +AGILMARKET deems appropriate.
• Acceptance: You agree that the Shipment may be transported via any route and may be rerouted, including stopovers, as we deem appropriate.

2. Sender's Obligations and Warranties

You warrant and are responsible for the following:

1. Exact Statement: Ensure that each item is correctly described in the Guide and in the export documents.
2. Packaging: Ensure that the shipment is properly labeled, packaged, and sealed to ensure safe transport with reasonable care.
3. Legality: That you have complied with all applicable laws, including customs, import/export, and data protection laws. You certify that you are not shipping any prohibited items.
4. Compensation: You shall indemnify +AGILMARKET for any damages or losses arising from your breach of any applicable law or these warranties.
5. Prohibited Items and Right of Inspection

+AGILMARKET reserves the right to refuse, open, and inspect any shipment for security, customs, or regulatory reasons, without prior notice.

We do not accept shipments of:

• Cash (coins or negotiable instruments).
• Animals, weapons, explosives, human remains, or narcotics.
• Hazardous materials or items prohibited by IATA or ICAO.

4. Customs Office

When you hand over your shipment to us, you designate +AGILMARKET as your exclusive logistics agent before the relevant operators and customs authorities at any point of transit. In the event that the required documentation is incomplete, you authorize us (without this constituting an obligation on our part) to complete or correct such documents on your behalf and at your expense

You will be ultimately responsible for all charges, taxes, duties, and government fines, even if you instructed us to bill the recipient.

5. Limits of Liability

AGILMARKET's liability for loss, damage, or delay is strictly limited to the following:

1. Insurance and Limitation of Liability: For a shipment to be processed, it must have an insurance policy. In the event of loss or damage, compensation will be based exclusively on the value declared on the waybill and the commercial invoice. No additional value will apply, unless the mandatory application of an international treaty is validated. AGILMARKET will not assume any liability for goods that have not been properly insured by the shipper.
2. Excluded Damages: Under no circumstances will we be liable for incidental, special, or consequential damages (such as loss of earnings, loss of revenue or business opportunities), even if we were aware of the possibility of such damages.
3. Declared Value: If you need additional protection, you can declare a higher value and pay the corresponding additional fee. The maximum liability will be the declared value or the actual damages, whichever is lower.
4. Money-Back Guarantee Policy

Exceptions and Limitations:

• Applies only to shipping costs, not to taxes or duties.
• This does not apply if the delay is due to force majeure, customs, an incorrect address, or the recipient's unavailability.
• The warranty may be suspended or revoked at the discretion of +AGILMARKET without prior notice.

7. Claims and Legal Actions

For a claim for loss, damage, or delay to be valid:

1. Notice: The claim must be submitted in writing within the twenty-one (21) days after delivery or after the date on which delivery was due. 
2. Package Condition: The recipient must make the contents and the original packaging available to +AGILMARKET for inspection.
3. Prescription: The right to claim damages shall expire if legal action is not brought within two (2) years following delivery.
4. Applicable Law

Any dispute arising out of or in connection with these Terms and Conditions shall be subject to the jurisdiction of the courts of the country of origin of the Shipment (Mexico) and shall be governed by the laws of that country.