Contractual terms and conditions for the provision of Pasar Express SAS services

In compliance with the current applicable regulations for Express Courier and International Express Transport services, the following are the texts of the contracts under whose clauses the provision of these services by Pasar Express SAS is governed.

  1. Package and Document Transportation Agreement

Between Pasar Express SAS, and the natural or legal person identified as the sender on the shipping label (hereinafter THE SENDER), a contract for the provision of Express Courier Services is hereby entered into. It is also understood that, for the provision of the postal courier service, the conditions agreed upon by the parties are those provided for in the regulations governing postal services, the provisions of the Commercial Code for the contract of carriage to the extent applicable, and the current International Agreements and Conventions ratified by Colombia on these matters. All of the foregoing shall be governed by the following clauses:

FIRST. – PURPOSE.The purpose of this contract will be the provision of Express Courier Service, which consists of the development of the activities of reception, classification, transportation and delivery of postal objects whose weight is less than that indicated by postal regulations, through postal networks, within the country or for shipment to other countries or reception from abroad, related to a properly identified shipment.

SECOND. Price and payment method.It will be the one indicated in the guide and/or in the invoice issued for that purpose and will be set according to the following variables:

  1. Specific service to be provided.
  2. Distance to be traveled.
  3. Quality of the postal item.
  4. Quantity of postal items in a single shipment.

Payment will be made in cash, using electronic means, physical currency, or by bank deposit at the time of acceptance of the shipment by Pasar Express SAS.

THIRD. Maximum term and conditions for the delivery of postal objects. The maximum delivery term will be set in accordance with the logistics matrix designated by Pasar Express SAS, and which is sensitive to variables such as delivery distance, service availability, external factors such as public order, or climate.

In any case, the maximum delivery time set by the logistics matrix, which will be stated in the corresponding guide, will comply with the quality indicators set by the Communications Regulatory Commission, and can be tracked by the user through the electronic channels designated by the Operator for this purpose.

First paragraph.The fulfillment of the maximum delivery time may be affected by force majeure or fortuitous events; in any case, Pasar Express S.A.S., will use all its capacity and will always strive to deliver the postal object in a shorter time than that fixed.

Second paragraph:The package will be considered delivered at the moment the recipient receives the package and signs the proof of delivery.

Third paragraph: it is impossible to deliver for any reason, complying with any of the causes established in Article 5.4.2.10 of Resolution CRC 5050 of 2016, a return will be processed according to the procedure established in Article 3 of Resolution CRC 6494 of 2022 that substitutes Article 5.4.2.10 of Resolution CRC 5050 of 2016.

FOURTH. Operator’s Obligations. Article 2.2.5.1. and subsequent articles of Resolution 5050 of 2016, issued by the Commission for the Regulation of Communications (CRC), and any regulations that modify, add to, or supplement them, in addition to the following:

  1. To ensure the security of the postal network in order to guarantee the inviolability of users’ postal shipments, the information transmitted through it, and users’ personal data.

Except for the exceptions provided for in article 15 according to the Political Constitution, Pasar Express S.A.S. will not permit, either by action or omission, the interception or violation of postal shipments that circulate through its networks. If the violation comes from a third party, and the postal operator has knowledge of such violation, it must immediately take the necessary measures to stop the conduct and inform the authorities. For this purpose, each postal operator must implement formal processes for the treatment of incidents of network security and inviolability of postal shipments.

  1. To process petitions, complaints, claims, or requests for compensation in accordance with Articles 2 and 3 of Resolution CRC 5587 of 2019 and any other regulations that may supplement or replace it.
  2. To have clear and unambiguous communication channels in place so that users can receive timely information about the quality of service, the status of their shipment, and any circumstances related to the specific service provided.
  3. To comply with all regulatory standards regarding data protection, consumer rights, and the provision of postal services.
  4. To provide the service in full, acting with good faith and the due diligence required by the service.

FIFTH. User Obligations. In addition to the obligations contained in Article 2.1.2.2. of Resolution 5050 of 2016 issued by the CRC, the user assumes the following obligations: 1) To declare the real value of the postal item. 2) To inform about the actual content of the postal item. 3) To refrain from delivering for transport postal items prohibited by postal regulations, or by the internal policies and regulations of the postal operator. 4) That the sender’s and recipient’s information provided by the sender on the shipping label is suitable for the provision of good service. The failure of the sender to provide such information makes him/her liable to the postal operator for any inconveniences and damages that may arise from the lack or deficiency of such information. 5) The sender agrees that the shipment may only be delivered to persons over eighteen (18) years of age, unless the sender expressly authorizes its delivery to a recipient over 12 years of age. 6) The sender acknowledges that the shipping label has been completed by him/her or by the postal operator on his/her behalf, and based on the information provided, declares that he/she knows its content and therefore accepts and signs it. 7) To inform the postal operator of the postal code of the destination city.

SIXTH. User Rights. They shall be subject to the conditions contained in this contract as follows: a) Provision of the contracted service in accordance with the offered and agreed conditions. b) Those established in Title III Chapter III of Resolution 3038 of 2011 issued by the CRC and the regulations that modify, add to, or complement them.

SEVENTH. Causes and Consequences of Non-Compliance by the Postal Operator. In accordance with Law 1369 of 2009, the Postal Operator may fail to provide the service in the events of loss, theft, or damage, in case such loss, theft, or damage are attributable to Pasar Express S.A.S., the latter shall be obliged to make the indemnities provided for in article 25 of Law 1369 of 2009, paragraph 3°.

EIGHTH. GROUNDS FOR EXONERATION OF THE POSTAL OPERATOR’S LIABILITY:

The grounds for exoneration of liability on the part of the Postal Operator shall be those provided for in article 31 of Law 1369 of 2009, the user accepts the following events as constituting force majeure or unforeseeable circumstances: a) Acts originating in the decisions of authorities other than customs and police authorities. b) Closure of ports and land routes. c) Weather conditions. d) Extraneous cause. d) Others agreed upon by the parties in the contract.

NINTH. USER RIGHTS: In accordance with the provisions of Article 2.2.6.1 of Resolution CRC 5050 of 2016 and Law 1369 1369 of 2009, the following are the rights of consumers:

A) The secrecy and inviolability of postal communications.

B) Respect for privacy.

C) The neutrality and confidentiality of postal services.

D) Equal treatment of users of Postal Services who are in similar circumstances.

E) The provision of the service free from any type of discrimination, especially derived from political, religious, ideological, ethnic, etc. considerations.

F) The wide dissemination of the conditions of provision of postal services, especially those referring to coverage, frequency, delivery time, tariffs and processing of petitions and claims.

G) Compensation for loss, theft or damage to postal items.

H) The return to the sender of undelivered postal items and the modification of the address for a new shipment of the item by paying the corresponding fees, provided that the conditions regarding coverage set by the postal operator for the provision of the service allow it.

I)The permanent provision of postal services.

J) The provision of the contracted service in accordance with the offered conditions.

K) The identification of all postal operators involved in the provision of the postal service requested by the user, as they are identified in the transit of the postal item.

L) Those contemplated in the current international agreements ratified by Colombia.

TENTH. RIGHTS OF SENDING CUSTOMERS. In accordance with Law 1369 of 2009, sending customers have the following rights:

A) Ownership of postal items until they are delivered to the recipient.

B) To obtain the return of shipments that have not been delivered to the recipient.

C) To request the re-routing of their shipments to a different address, upon payment of the corresponding fee.

D)To claim compensation in cases of damage, theft, and loss, in accordance with the provisions of Article 25 of Law 1369 of 2009.

E) To request the operator to compensate for damages caused by the breach of the conditions governing the service.

ELEVENTH. Processing of Claims and Requests for Compensation. Claims and requests for compensation shall be filed and processed in accordance with the provisions of articles 31 and following of Law 1369 of 2009, Articles 2.2.7.1., 2.2.7.2., and following of Resolution CRC 5050 of 2016; and Articles 2 and 3 of Resolution 5587 of 2019. The user accepts the following conditions for the filing of claims and requests for compensation: a) To file claims and requests for compensation through the Postal Operator’s Website. b) In the event that it is not possible to file through the website, the user may file through the telephone line provided by the operator. c) If the user has not been able to file in the manner established in paragraphs a) and b), they may file their claims and requests for compensation in the offices that the Postal Operator has designated for such purpose, and in compliance with the formalities established by PASAR EXPRESS SAS for such purpose.

Paragraph 1. Any request that is not related to the fulfillment of the legal and contractual obligations of the Postal Operator, in the course of the shipment identified by the guide, shall not be considered a claim, and consequently shall not be processed as provided in Clause TENTH.

Paragraph 2.In accordance with paragraph 2 of Article 2.2.1.1 of Resolution 5050 of 2016, issued by the CRC, this contract shall not apply to cases in which postal services are provided where the characteristics of the service and all the conditions are the result of a specific and direct agreement between the parties.

The channels through which PASAR EXPRESS SAS will receive claims and requests for compensation are:

Telephone: (601)291 65 00

Email: pqr@pasar.net

Twelfth. – TRANSPORTATION CONTRACT. In the event of shipments transported, subject of this contract, whose weight exceeds that legally contemplated for postal objects, it shall be governed by the provisions of the particular contract negotiated between the parties, the Commercial Code, Title IV, and by the regulations that govern such service.

Thirteenth. – ARBITRATION CLAUSE: Any differences arising from the execution, fulfillment, liquidation, contractual or extra-contractual liability of the contract shall be settled through direct means. The party that considers itself affected shall notify the other party so that, by joint agreement and for the following thirty days, the conflict may be resolved. If after said thirty days, no agreement has been reached, the interests shall be submitted to an arbitral tribunal appointed by the Bogotá Chamber of Commerce, D.C., through a drawing of arbitrators registered in the lists kept by the Arbitration and Commercial Conciliation Center of said Chamber. The tribunal thus constituted shall be subject to the provisions of the civil procedural norms and those that regulate, modify or add to them, in accordance with the following rules: a.) The Tribunal shall be composed of three arbitrators. b.) The internal organization of the Tribunal shall be subject to the rules provided for that purpose by the aforementioned Arbitration Center. c.) The tribunal shall decide in law; d.) The Tribunal shall meet in Bogotá, D.C. at the Arbitration and Commercial Conciliation Center of the Bogotá Chamber of Commerce, D.C.

Fourteenth. – PREVALENCE: This contract nullifies any other prior or existing contractual clause, whether written or verbal, that has been generated for the development of the contractual object. This contract is understood to have been entered into between Pasar Express SAS, and the SHIPPER, on the date the shipment is imposed, in accordance with the content of the information referred to in the guide that supports the shipment of the postal object.

Fifteenth.. This contract is understood to have been entered into on the date of imposition of the shipment(s) to which it refers, according to the guide and identification number issued.

II: International Transportation Contract

  1. DEFINITIONS: The following definitions shall apply to the terms and conditions set forth below that shall govern this transportation contract: “we”, “us” and “our” and Pasar Express SAS refer to subsidiaries, affiliates of Pasar Express and their respective employees, agents and subcontractors of Pasar Express SAS; “you” and “your” refer to the shipper, consignor, consignee, loader, holder of the bill of lading, receiver and owner of the contents of the shipment or any third party having a legitimate interest therein; “transportation” refers to and includes all operations and services performed by us in connection with the shipment; “shipment” refers to the goods that the shipper delivers simultaneously to the carrier for transportation and delivery to a single consignee, from a single place of loading to a single place of destination; “other services” refers to those services that are not directly services for the transportation of the goods performed by us such as storage, classification, assembly, packaging, installation, value added services and transportation management service; “prohibited articles” refers to goods or material whose transportation is prohibited by law, rule or regulation, either in the country of origin or destination of the shipment, or in any other where the shipment makes any intermediate stop.
  2. THE PARTY WITH WHOM YOU ARE CONTRACTING. Your contract of transportation and other services is entered into with Pasar Express SAS or the associated affiliate of Pasar Express SAS that accepts your cargo for transportation or, as the case may be, the performance of other services. You agree that we may subcontract all or any part of the transportation contract or other services on such terms and conditions as we may decide.
  3. YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS. By delivering your shipment to us, you accept the Terms and Conditions set forth in this transportation contract on your own behalf or on behalf of any third party who may have an interest in the shipment, regardless of whether or not you have signed the front of the waybill. Our Terms and Conditions apply to any other company whose services we use to collect, transport, or deliver your shipment. None of our employees, agents, or correspondents is authorized to suspend, alter, or modify these terms and conditions. In the event that you deliver the Shipment with oral or written instructions that conflict with these Terms and Conditions, we shall not be bound in any way by such instructions.
  4. SCOPE OF THE CONTRACT. 4.1. These terms and conditions govern the Transportation of Your Shipment, regardless of the nature of our contract. 4.2. By entering into any contract with us involving the transportation of goods, you agree that: – The contract is a road transport contract if the transport is actually carried out by road. – The contract is an air transport contract if the transport is actually carried out by air. – The contract is a maritime transport contract if the transport is carried out by sea. – The contract is a contract for the performance of Other Services if it is related to services other than transport.
  5. DANGEROUS GOODS / SECURITY: 5.1 Except as provided in paragraphs 5.2 and 5.3, we do not transport or provide other services for goods that are, or in our opinion may be, dangerous goods, including but not limited to those specified in the technical instructions of the International Civil Aviation Organization (ICAO), the International Air Transport Association (IATA) Dangerous Goods Regulations, the International Maritime Dangerous Goods (IMDG) Code, the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), or any other national or international regulation applicable to the transport or any other service related to dangerous goods. 5.2 We may, at our discretion, accept dangerous goods for transport in certain countries provided that you have been granted approved customer status; such status must be granted to you by us in writing before we can accept your shipment. Your dangerous goods will only be accepted if they comply with applicable regulations (see clause 5.1) and our requirements. Details of our requirements and the procedure for applying for approved customer status are available at your nearest branch. A surcharge will be applied for the transport of dangerous goods upon acceptance of your shipment. 5.3 Certain dangerous goods are exempt from the approved customer requirements. Details can be obtained from your nearest Pasar Express office. 5.4 You must ensure, and certify by completing the air waybill or when delivering a shipment to us, that your shipment does not contain any prohibited items as specified in ICAO Annex 17 or other national or international regulations governing aviation security. You must provide a full description of the contents of the shipment on the air waybill or accompanying document and your liability is not extinguished by providing such information. 5.5 Shipments transported and handled by us may be subject to security controls, which may include the use of x-ray equipment, explosive detectors, or other security screening methods; you agree that the contents of your shipment may be opened and examined in transit. 5.6 You certify that you have prepared the shipment for transportation, or for the performance of any other service by us, in secure facilities, by your trusted employees engaged by you; that the shipment has been protected against any unauthorized interference during its preparation, storage and transportation immediately prior to our acceptance of the shipment for transportation or for the performance of another service by us. 5.7 We do not accept shipments containing prohibited items. 5.8 We may be required to provide or share information, including personal data of your shipments, with both the authorities of the destination countries and the authorities of the transit countries, for customs control and/or security purposes.
  6. EXPORT CONTROLS. 6.1 You assume responsibility for and warrant compliance with any applicable export control laws, including but not limited to regulations and rules prohibiting the unauthorized trade in military and strategic goods and services, as well as commercial or financial agreements with specific individuals and entities in countries to which your shipments may be transported, or regulations and rules imposing conditions under which certain technologies, information, or products may be transported to, from, or through any country to which your shipment may be taken. 6.2 You also warrant that you will not deliver to us any shipment if you or any of the parties involved therein are included on any list of the United Nations sanctions programs, or any other national or regional program that complements or implements the detailed ones, as well as any member listed in autonomous measures regulations. 6.3 You agree to identify shipments subject to pre-export regulatory controls, and to provide us with the necessary information and documentation to comply with applicable regulations. 6.4 You are responsible at your own cost for determining the necessary export licenses or permit requirements for your shipments, obtaining any necessary licenses and permits, and ensuring that the consignee is authorized by the laws of the country of origin, destination, and of any other country that may claim jurisdiction over the goods, except for obtaining the license or licenses necessary to carry out the international transport of goods. 6.5 We do not assume any liability to you or to any other person for any acts of non-compliance with export control laws, or for any sanctions, restrictive measures, or embargoes that may result.
  7. INSPECTION RIGHT. You consent to us or any government authority, including customs, opening and inspecting your shipment at any time.
  8. TRANSIT TIME AND SHIPPING ITINERARY CALCULATION. Delivery times indicated in our publications do not account for weekends, holidays, or national holidays, customs delays, delays attributable to compliance with local security requirements, or any other eventuality beyond our control. The determination of the itinerary and mode of transport for your shipment is our sole responsibility.
  9. CUSTOMS CLEARANCE. 9.1 You appoint us as your representative solely for the purposes of the clearance and passage of the Shipment through Customs and, likewise, acknowledge that we are the consignee for the purposes of appointing a customs broker to carry out the customs clearance and entry of the Shipment if we subcontract this task. If any Customs Authority requires us to provide additional documentation in order to confirm the import/export declaration or our status with respect to customs clearance, it is your responsibility to provide, at your own expense, any documentation that may be required.
  10. 10.1 If we are unable to deliver a shipment due to an incorrect address as stated in the transportation contract, we will contact you and make reasonable efforts to rectify the situation and complete the delivery, billing you for any additional charges that may apply. 10.2. We do not accept shipments addressed to post office boxes, except in a limited number of countries (the list is available at the Pasar Express SAS office that accepts the shipment) and on the condition that you provide us with the consignee’s telephone number; in the event that we are unable to deliver to the post office box, you agree that we may send the shipment to the consignee by certified mail, and delivery shall be deemed to have been made upon presentation of the shipping receipt.
  11. DELIVERY OF YOUR SHIPMENTS. 11.1 If we are unable to deliver the Shipment for any reason, we will attempt to leave a message at your address indicating that delivery has been attempted, and providing details of the Shipment. If, after a second attempt, delivery has not been made or the recipient refuses the Shipment, we will attempt to contact you and reach an agreement on the most appropriate course of action regarding the shipment. You agree to pay us any costs that we incur from that point forward in connection with the return or dispatch of the Shipment, as well as any charges that we may invoice for a third or subsequent delivery attempt. If we do not receive instructions within a reasonable time after the second delivery attempt, we may, at our discretion, sell the contents of the shipment without any obligation to you.
  12. YOUR OBLIGATIONS. Usted nos garantiza que: 12.1 The contents of the shipment (including but not limited to the weight and number of items) have been accurately described in our consignment note, the contents are properly labeled, and the label or labels have been firmly affixed by you in a prominent place on the external surface of the shipment, in a manner visible to us. 12.2 The complete address of the consignee, including the postal code, has been fully and legibly recorded in our consignment note and on an address label firmly affixed by you in a prominent place on the external surface of the shipment, in a manner visible to us. 12.3 The contents of the shipment have been securely and carefully packaged by you to protect them from the normal risks associated with transport or the performance by us of other services; including processes associated with the mechanical handling thereof (sorting). 12.4 You have declared the correct weight of the shipment and provided us with any special equipment that may be necessary for us to load or unload the shipment onto our vehicles. 12.5 For any item weighing more than 30 kilograms, you have firmly affixed a “heavy weight” label in a prominent place on the external surface of the shipment, in a manner visible to us. 12.6 The contents of the shipment are not subject to IATA, ICAO, IMDG or ADR restrictions, nor are they prohibited items, and neither you nor the consignee is a person or organization with whom we or you should not legally trade under any applicable law or regulation, providing us with the necessary declarations on dangerous goods, correctly and accurately prepared and in accordance with all applicable laws, rules and regulations. 12.7 Where you have requested that we collect from the consignee or a third party, if the consignee or third party does not pay us, you will settle our invoice in full promptly, together with an administrative charge, within seven days of the invoice being issued. 12.8 That all applicable laws and regulations have been complied with. 12.9 You must include in the shipment the correct commercial invoice relating to the shipment (correctly indicating the “Invoice to” address with the corresponding CIF, a clear and concise description of the content, and the first six digits of the “HS” code (Harmonized System)). 12.10 That you have taken all reasonable precautions to comply with all conventions, directives and legislation relating to the protection of personal data including, if feasible, encryption of personal data to ensure the security of personal data in the event of loss or misdelivery of a shipment. 12.11 The value of no shipment shall exceed 25,000 euros. You agree to indemnify us against any liability that may be claimed from us, and to compensate us for any damages, losses and expenses, including legal costs incurred by us in relation to you or any other person, arising from your being in breach of any of these warranties, representations and undertakings, even if we inadvertently accepted a shipment that contravenes any of your obligations
  13. LIMITS OF OUR LIABILITY.Liability for Transport Services 13.1. Subject to the provisions of clause 14 below, in the event of loss, damage, or delay of all or part of your shipment, our liability shall be limited as follows: 13.1.1. If the carriage of your shipment is wholly or partly by air and involves an ultimate destination or a stop at an agreed stopping place in a country other than the country of departure, the Warsaw Convention of 1929, or the Warsaw Convention as amended by the Hague Protocol of 1955 and/or the Montreal Protocol No. 4 of 1975, or the Montreal Convention of 1999, whichever is compulsorily applicable, shall govern and limit our liability for loss, damage or delay of your shipment to an amount of 19 Special Drawing Rights per kilogram. 13.1.2. If the carriage of your shipment is wholly or partly by road within, to or from a country which is a party to the Convention on the Contract for the International Carriage of Goods by Road 1956 (“CMR”), our liability for loss of or damage to the shipment or any part thereof shall be governed by the CMR and is limited to an amount of 8.33 Special Drawing Rights per kilogram. In the event of delay where you are able to prove that you have suffered loss in consequence thereof, our liability is limited to the reimbursement of the freight charge paid by you in respect of the shipment or that part thereof which has been delayed. 13.1.3. If the carriage of your shipment is wholly or partly by road within a country which is not a party to the CMR, or between two countries neither of which is a party to the CMR, our liability for loss of or damage to the shipment or any part thereof shall be deemed to be governed by the CMR and is limited to an amount of 8.33 Special Drawing Rights per kilogram. In the event of delay where you are able to prove that you have suffered loss in consequence thereof, our liability is limited to the reimbursement of the freight charge paid by you in respect of the shipment or that part thereof which has been delayed. 13.1.4. If none of the foregoing clauses (13.1.1-13.1.3) apply and we have any liability to you for any reason whatsoever in respect of transport services performed, including without limitation for breach of contract, negligence, willful act or omission, our liability to you for loss of, damage to, misdelivery or non-delivery of your shipment or any part thereof, shall in any event be limited to the lower of the market value of the shipment at the time of carriage or the cost of repair of the shipment or the part thereof, in either case subject to a maximum limit not exceeding 17 Euros per kilogram, with a maximum overall limit of 10,000 Euros per shipment. In the case of delay where you are able to prove that you have suffered loss, our liability is limited to the reimbursement of the freight charge paid by you in respect of the shipment or that part thereof which has been delayed. 13.2. Subject to the provisions of clause 14 below, if we have any liability in relation to other services for any reason whatsoever, including without limitation breach of contract, negligence, willful act or omission, our liability to you shall in any event be limited to 10,000 Euros per event or series of events, having the same cause of damage, or in the case of loss of or damage to a shipment, the lower of the market value or the cost of repair of the shipment or the part thereof, in either case subject to a maximum limit not exceeding 3.40 Euros per kilogram, with a maximum overall limit of 10,000 Euros per event or series of connected events.
  14. EXCLUSIONS OF LIABILITY.. 14.1 We shall not be liable for any loss of income, loss of profits, loss of market, loss of reputation, loss of customers, loss of use, loss of business opportunities, even if we had knowledge that such damages or losses might arise, whether in contract, tort (including negligence), strict liability or otherwise. 14.2 We shall not be liable for failure to perform our obligations to you as a result of: 14.2.1 Events beyond our reasonable control including, without limitation: -acts of God, including earthquakes, cyclones, storms, floods, fire, pests, fog, ice; -force majeure, including (without limitation) war, accidents, acts of terrorism, strikes, embargoes, atmospheric phenomena, local disputes or civil unrest; -national or local disruptions to air or land transportation networks and mechanical problems with transport or machinery; -latent defects or hidden defects in the contents of the shipment; -criminal acts of third parties such as theft and arson. 14.2.2 Your acts or omissions or those of third parties such as: -where you are in breach (or a third party claiming a right in the shipment causes you to be in breach) of your obligations under these terms and conditions, in particular the warranties set out in clause 12; -acts or omissions of customs, security, airline, airport or government officials or employees. 14.2.3 The shipment containing any prohibited item, even if we may have accepted the shipment in error. 14.2.4 Our refusal to make any unlawful payment on your behalf. 14.3 We are not a common carrier and do not assume any liability as such.  
  15. VALUABLES..Valuables such as precious stones, precious metals, jewelry, money, negotiable instruments, unprotected furniture, glass or ceramics, works of art, antiques, and important documents, for example, passports, tenders, and share and option certificates, must not be sent via our transportation network as this system involves the use of mechanical handling and automated sorting equipment, along with multiple vehicle transfers. If, despite this, you entrust us with the transportation of this type of goods and we accept your order, we will carry it out under your responsibility and at your sole risk.
  16. INSURANCE. 17.1 You may purchase insurance for the full value of the contents of your shipment (non-document shipments) by completing the corresponding box on the waybill and paying the applicable rate for all-risk loss and damage coverage during transit, up to a maximum limit of 25,000 euros per shipment. If the value of the shipment exceeds 25,000 euros, our prior consent is required before contracting the insurance. Insurance is not available for precious stones, precious metals, laptops, plasma or LCD screens, jewelry, money, glassware, porcelain, works of art, antiques, documents, or films, recordings, discs, memory cards, or any other data or image storage device. If you are shipping any of the aforementioned goods, we suggest that you purchase your own insurance. 17.2 You may purchase insurance for the costs of reconstruction, reproduction, or reprinting (including the costs of materials, e.g., paper, plus a reasonable labor cost) of your documents by completing the corresponding box on the waybill and paying the applicable rate for all-risk loss and damage coverage during transit, up to a maximum limit of 500 euros per shipment. This insurance is only available for a list of documents included on the local website of the country where Pasar Express SAS accepts your shipment for transport. 17.3 The above insurance options (17.1 and 17.2) (i) do not cover consequential damages (see 13.1) or delays in delivery or where the loss has resulted from a breach of your obligations under these general terms and conditions, and (ii) are not available for a limited number of countries. For a list of these countries and/or more information on insurance conditions and coverage, please contact our Customer Service department or consult the local website of the country where Pasar Express SAS accepts your shipment for transport.
  17. THIRD-PARTY CLAIMS. You agree that you will not permit any other person having an interest in the shipment to make any claim or bring any action against us, even if we have been negligent or in breach, and if any such claim or action is brought, you will indemnify us against the consequences of such claim or action and the costs and expenses we incur in defending it.
  18. CLAIMS PROCEDURE.. If you wish to file a claim for a lost, damaged, delayed, or otherwise mishandled shipment, you must comply with the applicable conventions and laws, and with the following procedures. Failure to do so may result in the rejection of your claim: 19.1. You must notify us of the loss, damage, or delay within 21 days (i) after receipt of the Shipment, (ii) from the date on which the shipment should have been delivered, or (iii) from the date on which you could reasonably have been aware of the loss, damage, or delay in the case of a claim relating to other services, except in the case of domestic transport, in which case the claim must be filed within 7 days. 19.2. You must document your claim by sending us all relevant information about the shipment and the loss, damage, or delay suffered within 21 days of notifying us of your claim. 19.3. We are not obligated to act on claims until the transportation charges have been paid in full, and you are not entitled to deduct the amount of your claim from the transportation charges.19.4. We will assume that the shipment was delivered in good condition unless the recipient noted the damage on our delivery record when accepting the shipment. In order for us to consider a claim for damages, the contents of your shipment and the original packaging must be made available to us for inspection. 19.5. Unless otherwise provided in any applicable provision and/or law, your right to claim for damages shall be extinguished unless an action is brought before a court within one year of receipt of the shipment or from the date on which the shipment should have been received or from the date on which the carriage ended or if the claim relates to other services within one year of the date on which you should reasonably have been aware of the loss, damage, or delay.19.6. In the event that we accept all or part of the claim, you guarantee to us that your insurance company or any other third party having an interest in the shipment has waived any rights, compensation, or redress to which it may be entitled by subrogation or otherwise. 19.7. The shipment shall not be considered lost until at least 30 days have elapsed since the day you notify us of non-delivery. We may agree with you in writing on a shorter period.
  19. RATES AND PAYMENTS.. 20.1 You agree to pay us the transportation price (including surcharges) between the points specified in this waybill, as well as any value-added tax that applies to the transportation, within 7 days from the invoice date without retention, deduction, counterclaim, or offset. 20.2 You waive your right to dispute invoices if you do not raise written objections within 7 days of the invoice date. 20.3 The transportation price will be calculated according to our current Rates, applying the one corresponding to your Shipment, or, where applicable, in accordance with the Rates that have been agreed with you individually. You can request our current rate list at any of our offices in the country where the shipment is invoiced. 20.4 We charge based on the actual weight of the shipment or its volumetric weight, charging whichever is greater; the volumetric weight is calculated according to the volumetric conversion equation listed in our rate list. We may check the weight and/or volume and/or number of items in your shipment, and if we find a discrepancy between the declared weight and/or volume and/or number of items, you agree that the weight and/or volume and/or number of items we determine may be used for our calculations. 20.5 All import duties, VAT on goods, and all other charges incurred due to the shipment must be paid upon delivery. If the recipient of the shipment refuses to pay, you agree to pay the full amount within 7 days of being notified that the recipient has not paid. 20.6 You agree that we may charge you interest on unpaid invoices within 7 days of the invoice date, at the maximum interest rate stipulated by the Central Bank of each country, until the full payment of the relevant invoice is made. You agree to pay reasonable and appropriate costs associated with the collection of unpaid invoices within seven days of the invoice date. 20.7 The door-to-door delivery rates listed in our current rate list include a provision for simple customs clearance procedures; we reserve the right to charge an additional administrative fee when, in order to deliver your shipment to the recipient, customs clearance requires excessive and time-consuming work. Therefore, additional charges may apply in some countries with complex customs clearance processes; such charges include, but are not limited to, shipments that require: 20.7.1 Formal customs declarations involving more than three different types of goods. 20.7.2 Customs bonds, or the need to deliver goods under a customs bond. 20.7.3 Temporary imports. 20.7.4 Clearances involving a government department other than the customs authority. In several countries, we may prepay duties, taxes, fines, or other obligations on behalf of the importer; when this additional service is performed, a local administration fee will be charged to the recipient, and you will be responsible for its payment if the final recipient refuses payment. If you have given us different payment instructions or agreed with the shipment’s recipient or a third party that they will pay our rates and/or any duties, taxes, obligations, fines, levies, expenses, and surcharges we have had to pay in relation to the shipment, and if the recipient or that third party refuses to pay our transportation rates or reimburse us for any amounts referenced, you agree to pay us those amounts within seven days of being notified of the refusal to pay. In any case, Pasar Express may refuse to deliver the goods unless payment is guaranteed by sufficient security.20.8 Our rate does not include a copy of the Proof of Delivery (POD) or any other additional document.20.9 Where permitted by law, our standard method of invoicing is electronic invoicing. If you request or are required to use paper invoicing, we reserve the right to charge an administrative fee for providing this service.20.10 Our invoices must be paid in the currency specified on the invoice or, in some cases, in the local currency calculated based on the exchange rates provided by us.20.11 We will have a general lien on all your shipments that are at any time in our possession, with the right to sell their contents and retain the price obtained to cover any amount you may owe us for previously delivered shipments. 20.12 You will be responsible for the payment of all duties, taxes, and charges, including applicable stamps on transportation and other services, as well as all necessary customs documentation, including the waybill for transportation.
  20. AUTHORIZATION AND ENDORSEMENT OF USE OF PERSONAL DATA. The National Government, through Chapter 26 of the Unified Decree 1074 of 2015, develops the constitutional right that all individuals have to know, update, and rectify all types of information collected or that has been subject to the processing of personal data in databases or data banks, and in general in public and/or private entity files. Pasar Express SAS has the following personal information of yours: names, surnames, identification document number, address, phone number, physical or postal address, email, and economic activity, which are NOT considered sensitive personal data (“Personal Data”). The collection and processing of your Personal Data is intended for the following purposes: · Opening and managing your NAD or account number. · Keeping you informed about our products and services, as well as the services of affiliated companies and the services of companies or entities with which this company, or its affiliates, have commercial agreements or operational alliances or promotions of their services. · Evaluating the quality of our products and customer satisfaction. · Handling invoicing for services provided. · Managing collections and processing payments. · Maintaining a payment history with Pasar Express SAS and, with your express authorization, sharing this information with financial information centers. · Conducting marketing and/or business intelligence studies. If you DO NOT wish for your Personal Data to continue being part of Pasar Express SAS’s database under the terms previously described and for the stated purposes, please send a message to the email cusser@pasar.net or contact our customer service line at 57.1.2916500 in Bogotá. You may also request the deletion of your data and/or revoke your authorization at any time, unless it is legally or contractually required to remain in our database. From the date of receipt of this communication, personal data holders will have a maximum of 30 business days to request the deletion of their data. Failure of the data holder to communicate their decision within the established time period allows Pasar Express to continue processing the data in accordance with the provisions of Article 10 of Decree 1377 of 2013. You can consult this policy at any time at: www.pasar.net/clientes
  21. LAW AND JURISDICTION. 2.1 In the event that these terms or conditions are declared invalid or unenforceable, such invalidity or unenforceability will not affect the remaining provisions of this transport contract, the present general conditions, or the other documents, including the waybill, which will remain in force. 22.2 Unless stipulated by any applicable convention, disputes arising from or related to these general conditions will be subject to the laws and courts of the country where the subsidiary, affiliate, or branch of Pasar Express SAS that accepted the shipment is located. 22.3 Pasar Express SAS expressly rejects the jurisdiction of the Transport Arbitration Boards, Art. 38.1 LOTT. The full version of these terms and conditions is available at the link http://www.pasar.net/clientes and in all our offices.