Extension of Liability

4.1. The Forwarding agent is responsible for the damages caused by loss, breakdown or delay in the delivery if the fact that caused such damages had taken place between the moment in which he took charge of the merchandise and the moment in which he executed the delivery. However, he will not be responsible for the facts or acts that may be caused by negligence or malpractice of the sender or the addressee, by inherent vice of the things, by strikes, lockouts or other industrial conflicts, or by any other cause that the Forwarding agent could not have avoided by means of reasonable diligence.

4.2. He will not have the obligation to obey those instructions given after the issue of the expedition documents and will not be responsible for any eventuality originated by such late instructions.

4.3.1 The responsibility of the Forwarding agent, for his own acts, is limited to a maximum of 8.33 SDR per kilogram of gross weight of the damaged or lost merchandises. Nevertheless, in those expeditions by sea, the liability will be limited, at the most, to an amount that will not exceed the equivalent to 222.67 SDR per package or unity or to 2 SDR per kilogram of gross weight of the damages or lost merchandises, if this amount is higher.

4.3.2. If the Forwarding agent was responsible for the damages resulting of the delay in the delivery, or for any indirect loss or damages (except the loss or damage of the merchandises), his liability will be limited to an amount that will not exceed the equivalent of the remuneration that must be paid according to the agreement established with the Forwarding agent.

4.3.3. The accumulated liability of the Forwarding agent will not exceed the limits of liability for the total loss of the merchandises.

4.3.4. The present limitations will be applied to all the complaints addressed against the Forwarding agent, regardless of whether the complaint is founded on contractual or extra- contractual liability.

4.3.5.By Special Drawing Rights (SDR) we understand the unit of account as defined by the International Monetary Fund.

4.4. When liability comes from facts or acts occurred during the execution of the transport and if the Forwarding agent had to be surrogate, it will never exceed the liability assumed by railway, air navigation or road transport companies, as well as by storage facilities or any other intermediary involved in the transport, according to the current international rules and agreements.