Part I General Provisions

1. APPLICABILITY

1.1. These General Terms and Conditions apply to all Freight Forwarding Services performed by Journey Global Logistics Ltda. Freight Forwarding Services means services of any kind relating to the carriage, consolidation, storage, handling, packing or distribution of the goods as well as ancillary and advisory services in connection therewith, including but not limited to customs and fiscal matters, declaring the goods for official purposes, procuring insurance of the goods, and collecting or procuring payment or documents relating to the goods. 

In the absence of specific terms and conditions, the present General Terms and Conditions are the governing terms and conditions of services that override any conflicting provisions even when Journey Global Logistics Ltda. does not expressly object to their inclusion. 

2. DEFINITIONS

2.1. Freight Forwarding Services means services of any kind relating to the carriage,

consolidation, storage, handling, packing or distribution of the Goods as well as ancillary and

advisory services in connection therewith, including but not limited to customs and fiscal matters,

declaring the Goods for official purposes, procuring insurance of the Goods and collecting or

procuring payment or documents relating to the Goods.

2.2. Freight Forwarder means the person concluding a contract of Freight Forwarding Services with

a Customer.

2.3. Carrier means any person actually performing the carriage of the Goods with his own means of

transport (performing Carrier) and any person subject to carrier liability as a result of an express or

implied undertaking to assume such liability (contracting Carrier).

2.4. Customer means any person having rights or obligations under the contract of Freight

Forwarding Services concluded with a Freight Forwarder or as a result of his activity in

connection with such services.

2.5. Goods means any property including live animals as well as containers, pallets or similar articles

of transport or packaging not supplied by the Freight Forwarder.

2.6. SDR means a Special Drawing Right as defined by the International Monetary Fund.

2.7. Mandatory Law means any statutory law the provisions of which cannot be departed from by

contractual stipulations to the detriment of the customer.

2.8. In writing includes telegram, telex, telefax or any recording by electronic means.

2.9. Valuables means bullion, coins, money, negotiable instruments, precious stones, jewellery,

antiques, pictures, works of art and similar properties.

2.10. Dangerous Goods means Goods which are officially classified as hazardous as well as Goods

which are or may become of a dangerous, inflammable, radioactive noxious or damaging nature.

3. INSURANCE

No insurance will be effected by Journey Global Logistics Ltda. except upon express instructions given in writing by the Customer. All insurances effected are subject to the usual exceptions and

conditions of the Policies of the Insurance Company or Underwriter taking the risk. Unless

otherwise agreed in writing Journey Global Logistics Ltda. shall not be under any obligation to effect a

separate insurance on each consignment, but may declare it on any open or general Policy held

by Journey Global Logistics Ltda.

4. HINDRANCES

If at any time Journey Global Logistics Ltda. performance is or is likely to be affected by any hindrance or risk of any kind (including the conditions of the Goods) not arising from any fault or neglect of the

Freight Forwarder and which cannot be avoided by exercise of reasonable endeavours Journey Global Logistics Ltda. may abandon the carriage of the Goods under the respective contract and, where

reasonably possible, make the Goods or any part of them available to the Customer at a place

which Journey Global Logistics Ltda. may deem safe and convenient, whereupon delivery shall be deemed to have been made, and the responsibility of Journey Global Logistics Ltda. in respect of such Goods shall

cease. In any event, Journey Global Logistics Ltda. shall be entitled to the agreed remuneration under the contract and the Customer shall pay any additional costs resulting from the above-mentioned

circumstances.

5. METHOD AND ROUTE OF TRANSPORTATION

Journey Global Logistics Ltda. shall carry out his services according to the Customer’s instructions as

agreed. If the instructions are inaccurate or incomplete or not according to contract Journey Global Logistics Ltda.  may at the risk and expense of the Customer act as he deems fit.

Unless otherwise agreed, Journey Global Logistics Ltda. may without notice to the Customer arrange to carry the Goods on or under deck and choose or substitute the means, route and procedure to be

followed in the handling, stowage, storage and transportation of the Goods.

Part II The Freight Forwarder’s liability

6. THE FREIGHT FORWARDER’S LIABILITY

6.1 Journey Global Logistics Ltda. organizes the freight forwarding services as agent for the Customer at its own discretion and shall devote its best attention to the organization of the transport, carriage, and storage of the entrusted goods. Journey Global Logistics Ltda. shall select the appropriate means and mode of transport, as well as storage locations and shall be liable for its accurate and conscientious organization only. 

6.2 Journey Global Logistics Ltda. is not liable for acts and omissions by third parties, such as, but not limited to carriers, warehousemen, stevedores, port authorities and other freight forwarders, unless Journey Global Logistics Ltda. has failed to exercise due diligence in selecting, instructing, or supervising such third parties. 

6.3 These General Terms and Conditions apply whenever any claim is made against an employee, agent or other person Journey Global Logistics Ltda. engaged for the performance of the service (including any independent contractor) whether such claims are founded in contract or in tort, and the aggregate liability of Journey Global Logistics Ltda. and such employees, agents or other persons shall not exceed the limit applicable to the service concerned as expressly agreed between Journey Global Logistics Ltda. and the customer or following from these General Terms and Conditions. 

6.4 Journey Global Logistics Ltda. is authorized to carry out the shipment of the goods by substituting himself for the third party he would otherwise deal with on the costumer’s behalf. If he makes use of this right, he has the rights and obligations of a carrier pertaining to the shipment. In such case Journey Global Logistics Ltda. is liable for damages to and loss of the goods in its care and custody.  With respect to services other than carriage of goods such as, but not limited to, storage, handling, packing or distribution of the goods, as well as ancillary services in connection therewith, Journey Global Logistics Ltda. shall be liable only in case such services have been performed by Journey Global Logistics Ltda. itself using its own facilities or employees or Journey Global Logistics Ltda. has made an express undertaking to assume liability. Journey Global Logistics Ltda. is not liable for acts and omissions by third parties, such as, but not limited to, Carriers, warehousemen, stevedores, port authorities and other freight forwarders, unless he has failed to exercise due diligence in selecting, instructing or supervising such third parties.

7. EXCLUSIONS, ASSESSMENT AND MONETARY LIMITS OF LIABILITY

7.1 Exclusions

Journey Global Logistics Ltda. shall in no event be liable for:

1. Valuables or Dangerous Goods unless declared as such to the Freight Forwarder at the

time of the conclusion of the contract,

2. loss following from delay unless expressly agreed in writing,
3. indirect or consequential loss such as, but not limited to, loss of profit and loss of market.
4. inherent vice and nature of the goods 
5. consequences of loading and unloading operations which Journey Global Logistics Ltda. has not performed 
6. lack of, or defective packing, markings or stowage insofar as which Journey Global Logistics Ltda. has not executed the packing, markings or stowage  
7. war, rebellion, revolution, insurrection, usurped power or confiscation, nationalization or requisition by or under orders of any government or public or local authority  
8. natural disasters, acts of god, acts of robbery  
9. circumstances which Journey Global Logistics Ltda. could not avoid and the consequence of which it was unable to prevent. 

7.2 Assessment of compensation

The value of the Goods shall be determined according to the current commodity exchange price

or, if there is not such price, according to the current market price or, if there is no commodity

exchange price or current market price, by reference to the normal value of the Goods of the

same kind and quality.

7.3 Monetary limits

7.3.1 Loss of or damage to the Goods

Journey Global Logistics Ltda. shall not be or become liable for any loss of or damage to the Goods in an amount exceeding the equivalent of 2 SDR per kilogram of gross weight of the Goods lost or damaged unless a larger amount is recovered from a person for whom the Freight Forwarder is responsible. If the Goods have not been delivered within ninety consecutive days after the date when the Goods ought to have been delivered, the claimant may, in the absence of evidence to the contrary, treat the Goods as lost.

7.3.2 Limitation of liability for delay

If Journey Global Logistics Ltda. is liable in respect of loss following from delay, such liability shall be limited to an amount not exceeding the remuneration relating to the service giving rise to the delay.

7.3.3 Other type of loss

Journey Global Logistics Ltda. liability for any type of loss not mentioned in 7.1 shall not exceed the total amount of 10,000 SDR for each incident unless a larger amount is received from a person for whom the Freight Forwarder is responsible.

8. NOTICE

8.1. Unless notice of loss of or damage to the Goods, specifying the general nature of such loss or

damage, is given in writing to Journey Global Logistics Ltda. by the person entitled to receive the Goods when they are handed over to him, such handing over is prima facie evidence of the delivery of the Goods in good order and condition. Where such loss or damage is not apparent, the same prima facie effect shall apply if notice in writing is not given within 6 consecutive days after the day when the Goods were handed over to the person entitled to receive them.

8.2 With respect to all other loss or damage, any claim by the Customer against Journey Global Logistics Ltda. arising in respect of any service provided for the Customer or which Journey Global Logistics Ltda. Has undertaken to provide shall be made in writing and notified to Journey Global Logistics Ltda. within 14 days of the date upon which the Customer became or should have become aware of any event or occurrence alleged to give rise to such claim. Any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred except where the Customer can show that it was impossible for him to comply with this time limit and that he has made the claim as soon as it was reasonably possible for him to do so.

9. TIME BAR

Journey Global Logistics Ltda. shall, unless otherwise expressly agreed, be discharged of all liability under these Rules unless suit is brought within 9 months after the delivery of the Goods, or the date when the Goods should have been delivered, or the date when failure to deliver the Goods would give the consignee the right to treat the Goods as lost. With respect to other loss than loss of or damage to the Goods the 9 months period should be counted from the time when the failure of Journey Global Logistics Ltda. giving right to the claim occurred.

10. APPLICABILITY TO ACTIONS IN TORT

These Rules apply to all claims against Journey Global Logistics Ltda. whether the claim be founded

in contract or in tort.

11. LIABILITY OF SERVANTS AND OTHER PERSONS

These General terms and Conditions apply whenever any claim is made against a servant, agent or other person the Journey Global Logistics Ltda. engaged for the performance of the service (including any independent contractor), whether such claims are founded in contract or in tort, and the aggregate liability of the Journey Global Logistics Ltda. and such servants, agents or other persons shall not exceed the limits applicable to the service concerned as expressly agreed between the Journey Global Logistics Ltda. and the Customer or following from these Rules.

Part III The Customer’s Obligations and Liability

12. UNFORESEEN CIRCUMSTANCES

In the event Journey Global Logistics Ltda., in case of unforeseen circumstances, acts in the best

interest of the Customer extra costs and charges have to be borne by the Customer.

13. NO SET-OFF

All monies due shall be paid without any reduction or deferment on account of any claim,

counter-claim or set-off.

14. GENERAL LIEN

The Journey Global Logistics Ltda. shall, to the extent permitted by the applicable law, have a general lien on the Goods and any documents relating thereto for any amount due at any time to Journey Global Logistics Ltda. from the Customer including storage fees and the costs of recovering same, and may enforce such lien in any reasonable manner which he may think fit.

15. INFORMATION

The Customer shall be deemed to have guaranteed to the Journey Global Logistics Ltda. the accuracy, at the time the Goods were taken in charge by the Journey Global Logistics Ltda., of all particulars relating to the general nature of the Goods, their marks, number, weight, volume and quantity and, if applicable, to the dangerous character of the Goods, as furnished by him or on his behalf.

The Customer understands and agrees that the Journey Global Logistics Ltda. may use any data related to the Journey Global Logistics Ltda. provision of services to the Customer for purposes other than the purpose of the Freight Forwarding Services, including the disclosure of data to third parties,

provided that the data is used as “Freight Forwarder’s data” only on a purely anonymized and

unidentifiable, as the case may be, aggregated basis.

16. DUTY OF INDEMNIFICATION

16.1 General duty of indemnification

Except to the extent that the Journey Global Logistics Ltda. is liable according to the provisions of Part II, the Customer shall indemnify the Journey Global Logistics Ltda. for all liability incurred in the performance of the Freight Forwarding Services.

16.2 Duty of indemnification in respect of General Average

The Customer shall indemnify the Journey Global Logistics Ltda. in respect of any claims of a General Average nature which may be made on him and shall provide such security as may be required by the Journey Global Logistics Ltda. in this connection.

17. THE CUSTOMER’S LIABILITY

The Customer shall be liable to Journey Global Logistics Ltda. for all loss or damage, costs, expenses and official charges resulting from the Customer’s inaccurate or incomplete information or instructions or the handing over by the Customer or any person acting on his behalf to the Journey Global Logistics Ltda., or to any other person to whom the Journey Global Logistics Ltda. may become liable, of Goods having caused death or personal injury, damage to property, environmental damage or any other type of loss.

Part IV Disputes and Mandatory Law

18. JURISDICTION AND APPLICABLE LAW

Unless otherwise agreed, the legal relationship between Journey Global Logistics Ltda. and its customer shall be governed by and construed in accordance with the laws of the Federative Republic of Brazil. All actions against Bertling shall be in the sole jurisdiction of the courts in Itajai, Brazil.