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ORDER #11203119
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DATE: TUE 02-JAN-2024
SHIPPER: CONTINENTAL AUTOMOTIVE MEXICANA SA D
NAME: SHIPPER
PHONE:
VECTRALIS SA DE CV
ANILLO PERIFÉRICO MANUEL GOMEZ MORÍN 2507
PARQUE INDUSTRIAL SINERGIA, BODEGA 24
PICKUP FROM
SAN JUAN DE OCOTLAN
ZAPOPAN, JA 45019
MEXICO
VITESCO TECHNOLOGIES MEXICO S DE RL DE CV
AVENIDA IGNACIO ALLENDE LOTE 20
PARQUE INDUSTRIAL CUAUTLA
DELIVER TO
CUAUTLA, MOR 62700
MEXICO
TERMS AND CONDITIONS
DEFINITIONS>> In this contract and as appearing hereon: "Carrier" includes Courier Network, Inc. its affiliated
companies, and every carrier, subcontractor, servant and agent who carries or undertakes to carry the goods or
perform any other service related to, or incidental to, such carriage. “Merchants” includes the identified shipper,
consignee, bill-to party and any other party having an interest in the goods or acting on their behalf.
APPLICATION OF THESE TERMS>> All provisions herein shall govern to the fullest extent permissible under
any national law or international convention which may apply by force of law. In the event one or more provisions
herein should for any reason be held unenforceable or invalid, such provision(s) shall be enforced to the
maximum extent possible and the remaining provisions shall survive unaffected. Nothing in this waybill contract-
for-carriage shall be considered a waiver of any defense available to the Carrier under applicable national law or
international convention. No agent, employee or representative of Carrier has the authority to waive or revise in
any way any provision of this contract.
SHIPPER WARRANTY>> The shipper warrants it has the authority of all Merchants to enter this contract on
their behalf. In tendering the goods described herein for carriage, shipper agrees to the conditions of this contract
and that this Waybill is non-negotiable. Shipper further warrants on behalf of the Merchants that the goods and
all parties having any interest in the goods are in full compliance and adherence with all rules and regulations of
this contract as well as government regulations and controls applicable for the carriage contemplated on the face
hereof. The shipper is responsible for sufficiency and accuracy of accompanying documents and for
determination of and provision of any required license. Except in the circumstance of packing performed by the
Carrier, the Shipper warrants the cargo is packed to withstand the ordinary rigors of the carriage contemplated on
the face hereof.
INSPECTION OF GOODS>> Without any obligation to do so, the Carrier shall have the unrestricted liberty to
inspect the packaging and contents of the cargo including opening and/or screening for any purpose and to
inquire and verify the accuracy or sufficiency of information provided and to seek assurances. Any discrepancies
may result in shipment delay, cancellation and/or additional charges assessed by the Carrier. The Carrier may
disclose and report, whether on a mandatory or voluntary basis, any and all regulatory non-compliance to
authorities; such authorities may exercise forfeiture or assess penalties against the Merchants.
MERCHANT JOINT AND SEVERAL LIABILITY>> The Merchants shall be jointly and severally liable for any
and all unpaid charges payable on account of this contract and also for indemnity payment to carrier for any and
all damages, fines, claims, penalties, liabilities, costs or other moneys whatsoever which may be incurred by
Carrier by reason of breach of this contract or other cause not exclusively attributably to Carrier. Charges may be
reversed to the responsible parties if shipment is refused or payment is not made by the original bill-to party.
Claims for overcharges and duplicate billings must be made within ninety (90) days from the date of the issue of
the waybill, as must claims for duplicate payments and overpayments.
PROHIBITED GOODS>> Carrier does not accept any goods designated as hazardous, dangerous or restricted
by the International Air Transport Association (IATA), U.S. Department of Transportation (DOT) or any
organization having regulatory authority over the shipment of goods. Firearms, explosives, combustible materials,
currency, cashier checks, negotiable instruments, precious metals, precious stones, animals, plants, perishables,
pharmaceuticals, drugs, pornography, infectious substances, embryos, semen, blood, organs, liquors, tobacco,
gambling devices and any goods which are prohibited by the laws of any country involved in the carriage are
strictly prohibited. The liability for any foregoing commodities nevertheless accepted for transportation for any
reason shall in all events be governed by these Waybill Contract-For-Carriage Terms. Restrictive terms may
apply to Carrier’s services as to other goods.
ROUTE AND MODE OF TRANSPORT>> Carrier shall be permitted to use alternative equipment operators and
modes of transport without notice. Carrier shall exclusively determine the mode and routing of transportation as it
deems appropriate, and shall have the liberty to change or deviate from any routing quoted to Merchant.
TIME FOR TRANSIT>> Transit times are not guaranteed. The Carrier undertakes to complete the carriage with
reasonable dispatch. Carrier shall have no liability for delay unless such liability is mandated by applicable law, in
which event such liability shall be limited as provided in these Waybill Contract-For-Carriage terms or in such
applicable law.
C.O.D. SHIPMENTS>> In the event Carrier accepts a C.O.D. shipment, Carrier reserves the right to refuse
delivery until all freight, transportation and other charges incurred are paid. If the consignee refuses payment, the
shipper will be liable for all charges, including the cost of returning the shipment. Notwithstanding the foregoing,
Carrier assumes no risk of collection and shipper remains obligated to pay all freight and charges if Carrier is not
able to collect the same from any party upon request, without necessity of resort to legal process.
BILL TO: SHIPPER CUA
CONTENTS: Automotive parts
PCS: 1 250.0 kg
DECLARED VALUE FOR CUSTOMS PURPOSES:
*Declared Value for Carriage Liability and/or Insurance is considered NVD unless prior written
approval and extra charges are paid.
DUTIES: DAP HS:
MFG CTRY: ITN:
SERVICE: SERVICE: Special Ground
DIMENSIONS: 286.0 kg REFERENCES:
1@47x37x60in REQNA RUBEN PINZON
CB OUT OF CB
PAY CUAUTLA
CAM .
VITESCO TECHNOLOGIES MEXICO S DE RL DE CV
AVENIDA IGNACIO ALLENDE LOTE 20
PARQUE INDUSTRIAL CUAUTLA
CONSIGNEE
CUAUTLA, MOR 62700
MEXICO
10. LIMITATION OF LIABILITY; DECLARATION OF VALUE FOR LIABILITY>> Carrier limits any liability for
loss or damage to goods and for any error or omission of Carrier to the greater of: (a) USD 0.50 (fifty cents)
per pound of the adversely affected portion of the goods; or (b) USD 100 (one hundred dollars) per
shipment; unless The Convention for the Unification of Certain Rules Relating to International Carriage by
Air, signed at Warsaw, 12 October 1929 (“Warsaw Convention”) or successor Convention applicable by
force of law mandates a higher liability of Carrier, in which event liability shall be determined in accordance
with such Convention. The foregoing liability limitations of Carrier may be avoided by declaring a higher
value for carriage liability purposes and paying a commensurate charge prior to shipment. Certain
commodities may have a maximum value which may be declared. Where there is a collective declared
value for all packages, the declared value for each package will be determined by dividing the total declared
value by the number of packages on the waybill face, absent verifiable evidence to Carrier's satisfaction of
alternative allocation. In no event shall Carrier be liable for an amount greater than the value of the affected
cargo or for consequential, indirect, incidental, or punitive damages even if Carrier has been put on notice
of the possibility of such damages. Carrier shall have no liability for damage to, or loss of, the cargo or any
part of the cargo in circumstances of inherent defect of that cargo, quality or vice of that cargo, defective
packing not performed by the Carrier, or any force majeure event, to include but not be limited to, natural
disasters, strikes, civil unrest, acts of war or armed conflicts, acts of public authorities, and acts or
threatened acts of public enemies, hijackers or assailing thieves. Carrier shall have no liability for electronic
derangement or electronical or magnetic erasure or any other damage or loss to photographic, electronic or
recording devices and/or data content. The liability of Carrier constitutes the singular, aggregate and
collective liability of Carrier and all equipment operators, subcontractors and agents to the extent
participating in the performance of carriage.
11. INSURANCE>> The goods may be eligible for inclusion under a cargo policy maintained by Carrier. It is
the Merchants obligation to confirm eligibility. Insurance coverage under Carrier’s cargo policy is subject to
policy terms and conditions, which shall be provided to Merchant upon request. Unless a value is declared
for carriage liability or insurance is confirmed under Carrier’s cargo policy, Merchant shall secure
independent insurance coverage for the risks of transportation in excess of Carrier’s limited liability.
12. LIEN>> The goods under this waybill are subject to a general lien by the Carrier for monies owed the
Carrier relating to these goods, a prior shipment, and/or both. Carrier may lien the goods for any sums
owed Carrier and may sell the goods at public or private sale not less than 30 days after having given
written notice thereof to the Merchants identified on the waybill. Carrier further reserves all other rights as
may exist by law to recover unpaid amounts
13. TIME-FOR-CLAIM; TIME-FOR-SUIT>> To the extent applicable, and for good and sufficient consideration
hereby acknowledged received, the shipper expressly waives pursuant to 49 U.S.C. § 14101 the minimum
periods for the filing of claims and civil actions, as defined under 49 U.S.C. § 14706(e)(1), and any
successor statute(s). Receipt by the person entitled to delivery of the cargo without complaint shall be
prima facie evidence that the cargo has been delivered in good condition and in accordance with the
contract of carriage. In the case of loss of, damage or delay to cargo a written complaint must be made to
Carrier by the person entitled to delivery. Such complaint must be made:
(a) in the case of damage to the cargo, immediately after discovery of the damage and at the latest
within 14 days from the date of receipt of the cargo;
(b) in the case of delay, within 21 days from the date on which the cargo was placed at the disposal of
the person entitled to delivery.
(c) in the case of non-delivery of the cargo, within 120 days from the date of issue of the air waybill.
Unless a written complaint is made within the time limits specified above, no action may be brought against
Carrier or any equipment operators, subcontractors or agents participating in the performance of carriage.
Any rights to damages against Carrier, equipment operators, subcontractors or agents participating in the
performance of carriage shall be extinguished unless an action is brought within two years from the date of
delivery or the date the good should have reasonably been delivered.
14. LAW & JURISDICTION>> Unless prohibited by mandatory applicable law not otherwise waived herein, all
disputes hereunder shall be determined exclusively in the State and Federal courts located in Los Angeles
County, California. If applicable, and for good and sufficient consideration acknowledged hereby, shipper
expressly waives pursuant to 49 U.S.C. § 14101 the venue provisions of 49 U.S.C. § 14706(d) to the extent
inconsistent with Los Angeles County, California.