1-Object

The object of the contractual relationship between OMEGA CARGO EXPRESS and THE CLIENT is the movement of International Cargo and/or Transport of cargo in the Air, Land, Multimodal courier modality, understood as the activity of coordination and contracting of cargo transportation. For this purpose, THE CLIENT grants OMEGA CARGO EXPRESS broad and sufficient authority to act on its behalf and representation in the contracting of all necessary services for the transportation of national and international cargo and others that are necessary to complete its logistics chain. Thus, OMEGA CARGO EXPRESS may enter into contracts for transportation, insurance, packaging, storage, among others, in the name, and on behalf of the CLIENT, with full freedom.

1.1. The contracting parties understand and agree that OMEGA CARGO EXPRESS will never assume the quality of Transport Commission Agent or Contractual Transporter, or in fact.

1.2. For the purposes of this contract, THE CLIENT shall be understood as the natural or legal person recipient of the quotation or service offer from OMEGA CARGO EXPRESS and/or who requests the services of OMEGA CARGO EXPRESS

2-Obligation

2.1. All services carried out by OMEGA CARGO EXPRESS in the development of International Cargo Agency activities shall be governed exclusively by this contract, which shall be fully accepted by THE CLIENT from the moment when, tacitly or expressly, it accepts the quotation or service offer sent by OMEGA CARGO EXPRESS.

2.2. THE CLIENT agrees that this contract is obligatory and binding, and shall apply to any instruction or service request transmitted by THE CLIENT either in writing (including email and fax) or verbally.

2.3. This contract is an integral part of any OMEGA CARGO EXPRESS quotation or service offer presented by, and is permanently published on its website www.omegacargoexpress.ca for consultation. If OMEGA CARGO EXPRESS issues any additional clauses to this contract during the provision of contracted services, such clauses shall be obligatory; in such event, these provisions shall govern all that has not been included in the additional clauses.

2.4. In the event of cancellation of this contract by THE CLIENT, THE CLIENT shall notify Omega Trading Cargo company in writing, no less than 15 days in advance of the container placement and/or cargo withdrawal date, whether by sea or air, under penalty of incurring a fine equivalent to 20% (twenty percent) of the contract value. This 20% (twenty percent) fine will be deducted from the payment made by THE CLIENT, whether as an advance or total payment for the service, the remaining balance will be refunded to THE CLIENT within 30 days of cancellation, in order to cover administrative expenses generated by THE CLIENT’s breach of the contract.

3-Materialization of the international cargo agency contract.

3.1. Acceptance of the quotation or offer is understood as the express communication that THE CLIENT makes by any means, or the performance of any action by THE CLIENT whose purpose is to initiate the execution of the offered services, including, but not limited to, the sending of shipping instructions.

3.2. The contractual relationship between OMEGA CARGO EXPRESS will arise only when there is an express or tacit acceptance of the service assignment by OMEGA CARGO EXPRESS. The mere receipt of documentation shall not be understood as a tacit acceptance of the service assignment by OMEGA CARGO EXPRESS.

4-Customer Obligations

4.1. THE CLIENT shall communicate in writing and timely to OMEGA CARGO EXPRESS the following information, which may be contained in the instructions sent: 

– Nature, number, weight, volume, and packaging of the cargo. 

– If it is dangerous goods.

 – Place of reception/delivery of the cargo, tariff classifications, description of the goods – Instructions and conditions concerning shipping, courier/urgent, etc.

 – Reports and documents necessary for the transportation of the cargo and the formalities of police, customs, and health.

 It is the responsibility of THE CLIENT to review the information contained in the shipping order; in case of evidence of any error or discrepancy in the information received, it must notify in writing to customerservice@omegatradingcargo.com, any anomaly to make the respective corrections, in the event that the respective claim is not made, Omega Cargo Express will assume that the information provided by THE CLIENT is correct and true, any penalty, confiscation fine, loss, or theft generated by inaccurate information will be entirely the responsibility of THE CLIENT. THE CLIENT will be responsible for any consequences caused by false information.

4.2. In case of instructions given verbally, these must be immediately confirmed in writing (letter, email, and/or fax). In the absence of precise instructions, the selection of the most appropriate means and forms for contracting the logistic operation will be entrusted to OMEGA CARGO EXPRESS, which will always be done on behalf, in the name, and on behalf of the CLIENT. It is the CLIENT’s responsibility to transmit all information related to the commissioned service correctly and completely. It is not OMEGA CARGO EXPRESS’s obligation to verify the information received. In case of evidence of any error and/or discrepancy in the documentation received, OMEGA CARGO EXPRESS will inform the CLIENT, so that such information can be clarified. The CLIENT guarantees the accuracy of the documents and information presented to OMEGA CARGO EXPRESS and any governmental entity, and shall be responsible for any consequences caused by inaccurate or false statements, including customs duties, taxes, fines or customs sanctions, delay expenses, and damages, among others.

4.3 Deliver the cargo or make it available to OMEGA CARGO EXPRESS or its Agents, properly prepared for transportation.

4.4. Comply with the legal and administrative provisions established by national and international authorities, corresponding to its commercial activities, such as: Letter of Responsibility I – Airport Security.

4.5. Other obligations inherent in the nature of this contract.

5-Identification Documents

5.1. THE CLIENT shall deliver to OMEGA CARGO EXPRESS, the documentation required to identify and corroborate the data provided by THE CLIENT.

THE CLIENT shall deliver to the international carrier, the international freight forwarder or the multimodal transport operator, information related to its Registration Identification Number – and that of the consignee when different; as well as the tariff item or sub-item of the merchandise; on the terms and conditions established by Customs agents. Compliance with this obligation must be prior to the importation of the merchandise. Non-compliance with this obligation does not constitute a punishable offense; however, the foreign trade operation may be classified as high risk for customs controls.

5.2. Legal entities:

Certificate of existence and legal representation of the legal entity, with issuance validity not exceeding (1) one month from the date on which the study is conducted. Copy of the balance sheet and income statement, certified and audited by an Accountant, as appropriate, with a cutoff date of December 31 of the immediately preceding year or initial balance when it comes to companies established in the same year in which the information verification is carried out. Company registration

Information about the intermediary bank used for the payment of foreign trade operations. READABLE COLOR COPY OF THE LEGAL REPRESENTATIVE AND/OR MANAGER OF THE COMPANY Bank Certification. Commercial Reference.

6- OMEGA CARGO EXPRESS Obligations

6.1. Coordinate the transportation of the cargo in accordance with the instructions timely provided by THE CLIENT.

6.2. Ensure the conservation of the cargo when it is under its custody in its own warehouses or premises, in which case OMEGA CARGO EXPRESS will respond as a depositary.

6.3. Other obligations inherent in the nature of this contract.

6.4. Make available or deliver the merchandise ordered by the customs authority.

6.5. Deliver, through electronic computer services, the information of the transportation documents as established by law, in a timely manner.

6.6 Omega is not responsible for reviewing the items inside the boxes or verifying their content or the conditions in which the items are found inside.

7-Relocation

7.1. OMEGA CARGO EXPRESS will send packages or boxes via Courier service to their final destination in the door-to-door service when requested.

7.2. THE CLIENT is obligated to pack and/or package the cargo in the appropriate manner for its transportation. In cases where OMEGA CARGO EXPRESS finds that the cargo is poorly or insufficiently packaged for transportation, OMEGA CARGO EXPRESS will inform the CLIENT to request OMEGA CARGO EXPRESS to perform such packaging, with the CLIENT paying the costs of this. In the event that the CLIENT insists on delivering poorly packaged cargo, OMEGA CARGO EXPRESS may refuse to provide its services, charging the CLIENT the costs and expenses incurred up to that point, and the respective remuneration. If OMEGA CARGO EXPRESS chooses to accept the poorly packaged cargo, it will do so excluding its liability for damages and/or loss of the cargo caused by improper packaging. Likewise, the CLIENT will assume the damages and/or losses that the poor packaging causes to OMEGA CARGO EXPRESS and other third parties.

7.3. THE CLIENT declares to be aware of the legal and administrative restrictions that its shipments may be subject to and will be responsible for everything that happens with its package. OMEGA CARGO EXPRESS will not be responsible for losses resulting from customs confiscation or delays caused by the lack of documentation or necessary information by THE CLIENT for customs clearance.

8-Dangerous Cargo

8.1. THE CLIENT must inform OMEGA CARGO EXPRESS when its cargo is classified as dangerous goods, that is, any substance that has corrosive, reactive, explosive, toxic, flammable, infectious, or radioactive characteristics, BATTERIES that may pose a risk or damage to human health, the environment, and/or the goods of other Clients, or any substance considered hazardous under current legislation. In any event where OMEGA CARGO EXPRESS or any third party contracted by it determines the dangerous nature of a cargo, OMEGA CARGO EXPRESS may take all actions aimed at minimizing and/or mitigating any risk derived from its nature, having the power, even, to destroy it, without incurring any liability to the CLIENT and retaining the right to claim damages from it.

9-Negotiation Terms

9.1 The choice of any negotiation term is made by THE CLIENT and, therefore, OMEGA CARGO EXPRESS has no responsibility for the consequences of such choice. Regardless of the negotiation terms chosen, THE CLIENT will be responsible to OMEGA CARGO EXPRESS for the services ordered and related expenses and invoices.

9.2. In its door-to-door delivery services, OMEGA CARGO EXPRESS may have a minimum required shipment, which may vary depending on the country to which it is sent, which THE CLIENT accepts when sending the cargo with OMEGA CARGO EXPRESS.

10-Cargo Receive and Delivery

10.1. THE CLIENT must inform about any restriction that the cargo may have, so that it can be grouped with the cargo of other clients. If no precise instructions are received in this regard, it will be understood that there are no restrictions.

10.2. OMEGA CARGO EXPRESS will not be responsible for the dispatch, arrival, and delivery of the cargo outside the dates indicated by the carriers and transmitted to THE CLIENT, since the indicated dates are estimated and preliminary, and are subject to changes by the carrier.

10.3 At the time of delivery of the cargo at the final destination, THE CLIENT and/or consignee have the obligation to verify the condition of the cargo immediately, and must inform the delivering representative of any irregularity to proceed with the claim. If there is no immediate claim, there will be no right to any compensation.

11-OMEGA CARGO EXPRESS’s Responsibility

11.1. The responsibility of OMEGA CARGO EXPRESS acting as an international cargo agent is limited to the proper selection of suitable third parties, such as carriers, warehouse operators, etc.

11.2. In the event that the cargo suffers damage and/or is lost, partially or totally, while the cargo is under the custody, surveillance, and/or control of third parties contracted by OMEGA CARGO EXPRESS on behalf of THE CLIENT, the damages and/or loss will be the responsibility of such third parties, against whom the respective claims will proceed.

12-Indemnity

12.1. THE CLIENT shall be liable to respond to and indemnify OMEGA CARGO EXPRESS for any damage or loss suffered by OMEGA CARGO EXPRESS as a result of the breach of contractual and legal obligations by THE CLIENT. THE CLIENT shall be liable to respond to and indemnify OMEGA CARGO EXPRESS for any claim, demand, expense, payment, or compensation to which OMEGA TRADING CARGO INC may be subject or incur before third parties or authorities, including defense expenses and attorney fees, by reason of complying with the instructions of THE CLIENT or fulfilling its contractual obligations regarding the cargo.

13-Indemnity Limitation of OMEGA CARGO EXPRESS

13.1. In any case, the liability of OMEGA CARGO EXPRESS acting as an International Cargo Agent shall be limited.

13.2. In the event that OMEGA CARGO EXPRESS is found liable for breach of its contractual obligations, the corresponding indemnification shall be limited to an amount equivalent to two (2) SDRs (Special Drawing Rights set by the International Monetary Fund) per gross kilogram of damaged or lost cargo. In the case of door-to-door courier service, the insured value declared by THE CLIENT in the documents will be covered. The total and cumulative indemnification that OMEGA CARGO EXPRESS must pay to THE CLIENT, regarding any order including several packages, shall not exceed CAD$ 2,000 (two thousand Canadian dollars).

14-Declared Values

14.1. All cargo shipments shall be made without a declared value. In the event that the contracting parties agree to apply a DECLARED VALUE, this shall be explicitly stated in the respective transport document(s); otherwise, in no way shall the provision of information and documents by THE CLIENT to OMEGA CARGO EXPRESS INC be understood as a Declaration of the Value of the cargo. THE CLIENT must timely inform OMEGA CARGO EXPRESS of its intention to Declare the Value of its goods, in order to determine the corresponding operational and commercial conditions FOR EACH COUNTRY, such as freight value and related expenses, insurance policies, taxes, responsibilities.

15-Limitation of Liability for Acts or Facts of Third Parties

15.1. OMEGA CARGO EXPRESS is authorized to select and contract carriers, air warehouse operators, land and other, if the logistics operation so requires, all of which shall be considered independent entities of OMEGA CARGO EXPRESS; these third parties shall be responsible for the performance of their obligations according to the applicable contractual and legal conditions. Under no circumstances shall OMEGA CARGO EXPRESS be liable for any loss, damage, expense, or delay suffered by the cargo for any reason while such cargo is in the custody, possession, or control of such third parties selected by OMEGA CARGO EXPRESS. The representative mandate condition under which OMEGA CARGO EXPRESS acts shall be understood by the selected third parties by the mere mention of intervening as a Cargo Agent (AS AGENT).

16-Responsibility of OMEGA CARGO EXPRESS Employees

16.1. Any direct legal action against employees of OMEGA CARGO EXPRESS, whether permanent or temporary, for loss or damage of the cargo, shall only be possible within the limits of liability and indemnification stipulated in this contract. In case of joint legal action against OMEGA CARGO EXPRESS and its employees, the maximum compensation payable to THE CLIENT shall not exceed that stipulated in this contract.

17-Non-Liability Exception:

17.1. OMEGA CARGO EXPRESS shall not be liable for any consequential or indirect loss, such as loss of profit, loss of customers, fines, claims for losses due to depreciation or conventional fines, fluctuations in exchange rates, increased rates or taxes by the authorities regardless of the cause.

17.2. In addition to the above, under no circumstances shall OMEGA CARGO EXPRESS be liable if one or more of the following circumstances occur: a) Fault of THE CLIENT or its authorized representative. b) Defective or insufficient packaging, marking, labeling, or stowage, or the absence thereof. c) War, rebellion, revolution, insurrection, usurpation of power, confiscation, or seizure under the orders of a government or national or local authority as well as Customs. d) Detention, loss, or damage caused by insurgent forces or outside the law. e) Damage caused by nuclear energy. f) Natural disasters. g) Force majeure or fortuitous event. h) Theft with or without violence. i) Partial damage or loss within the box, damage or loss caused by inherent defects, hidden defects, or nature of the cargo. j) Loss or damage of the cargo when it is under the physical custody of the carriers or other third parties contracted by OMEGA CARGO EXPRESS in execution of this mandate. k) Damage caused by rodents or insects, unless the fault of OMEGA CARGO EXPRESS is proven. l) Circumstances that OMEGA CARGO EXPRESS cannot avoid, consequences that it cannot foresee. m) Delay in the delivery of the cargo.

18 Responsibility of the Customer (Shipper)

18.1The customer acknowledges that all international shipments are subject to inspection by authorities in the countries of origin, destination, and transit. Omega Cargo Express will not assume any responsibility for shipments confiscated due to prohibited items or subjected to customs duties or confiscated by the authorities. Therefore, the customer declares not to send any of the following items to the following countries:

Colombia: Under Colombian regulations, cell phones and accessories must go in a single box and not within a package with other items, Weapons, explosives, aerosols, Cash, coins, checks, Alcohol, Animals, plants, seeds, Tobacco, narcotics, No more than 6 identical units per box

Venezuela: Weapons, Money, Jewelry, Explosives, ammunition, aerosols, Animals, plants, seeds, Tobacco, narcotics, Gas Masks, Bulletproof vests and personal protective equipment (sporting/police), First aid kits, Eye drops, Surgical gowns, Antacids, medical equipment, Marbles, Helmets, chest protectors, any type of lenses, gloves, Baseball bats, golf balls, Ski masks, Drones

Mexico: Used clothing and footwear, Lotions, perfumes, creams, makeup of any kind, Wooden items, Medicines, vitamins, supplements, Animals, plants, seeds, animal skins, Tobacco, narcotics, energy drinks, Liquids, Helium balloons, Medical devices, Weapons, jewelry, explosives, aerosols, Cash, coins, checks, No type of food.

Peru: Used vehicle parts and accessories, Used clothing and footwear, jewelry and precious metals, cash and coins, checks, animal skins, baby bottles and pacifiers, packaged foods and beverages exceeding 5 units.

19-Insurance

19.1The packages to be transported will have a mandatory minimum insurance in case of loss (with an additional cost) for a value of $100 Canadian dollars (CAD). Omega Cargo Express must receive the product packaged according to its characteristics, with the purpose of safeguarding it, since the insurance does not cover damages due to inappropriate packaging, perishable and/or delicate nature items, broken and/or prohibited merchandise.

20-Claims

20.1 Omega Cargo Express may support the customer in their claims against carriers and other third parties, contracted on behalf and representation of the customer. For such purposes, it is advisable to consider that: I) Under the legal regulations regarding air cargo transportation, the deadlines for claiming from the moment the merchandise reaches its destination are: a) Immediate notification of theft and damages upon delivery; b) Delay: 21 calendar days; c) Total loss of the piece: 15 calendar days from the date of issuance of the air waybill. II) In the case of maritime and land transportation, the deadline for claiming is 3 calendar days. Claims submitted outside the aforementioned deadlines are considered untimely and may be denied by carriers.

20.2 Without prejudice to the above, the customer must submit their claim to their insurance company, in accordance with the conditions of their insurance policy.

21-Payment Conditions

21-1 The payment to Omega Cargo Express shall be made in cash.

21-2 The value of the services must be paid by the Customer. Under joint responsibility of the customer, it may be agreed that said value be paid by the cargo recipient, as a condition prior to the release or delivery of the cargo.

21-3 The invoices issued by Omega Cargo Express for the value of the services provided by it and the subject of this contract, constitute an executive title and shall become due on their due date without the need for additional acceptance.

22- Exception of Unfulfilled Contract

22-1 Omega Cargo Express Inc has the right to suspend the provision of its services and therefore order the non-delivery of the cargo, without being considered in default, in the events where the CUSTOMER has not paid all the expenses derived from the logistics operation, or those sums of money owed to Omega Cargo Express Inc.

22-2 The payment by the CUSTOMER of the expenses derived from the logistics operation, invoiced by Omega Cargo Express Inc, under no circumstances can be conditioned to any act or fact of Omega Cargo Express and/or employees or subcontractors.

23-The Invoice

23-1 THE SALES INVOICE. – The sales invoice is not negotiable, any act of disposition on the rights incorporated in it will have no effect. The CUSTOMER accepts that said invoice has been completed by Omega Cargo Express, on its behalf, that it knows its content and therefore accepts it digitally and it will not be necessary to physically send it, having as acceptance date the one sent via electronic means (E-mail – Fax).

23-2 ACCEPTANCE FOR RECEIVING ELECTRONIC INVOICES.

OMEGA CARGO EXPRESS. In the search to optimize and add value to our Customers, we have decided to abandon physical invoices and enter the era of electronic invoicing.

Please note that, in the event of a change of contact for the sending of our electronic billing, this must be notified to OMEGA CARGO EXPRESS, billing area, for its corresponding update in the system.

24-Single Contract

24-1 This contract regulates comprehensively the legal relations between the CUSTOMER and OMEGA CARGO EXPRESS, and annuls and replaces completely any other written or verbal agreement that may have existed between OMEGA CARGO EXPRESS and the CUSTOMER regarding the cargo subject to this contract.

25-Independence

The clauses of this contract are independent of each other, and if any part of it is declared invalid, it shall not affect the validity or execution of the fulfillment of any of the other parts of said contract.

26-Applicable Law and Jurisdiction

26-1 The Parties agree that the law applicable to the contractual relationship between OMEGA CARGO EXPRESS and the CUSTOMER is Canadian legislation, regardless of where the obligations are fulfilled, without prejudice to the law applicable to contracts that OMEGA CARGO EXPRESS enters into with other Parties,  on behalf of the CUSTOMER. Considering that the International Cargo Agency contract is of an atypical nature, the contractual relationship between OMEGA CARGO EXPRESS and the CUSTOMER is regulated by this contract preferentially and, in the event of any gap, the dispositive rules of Canadian legislation must be applied, exclusively. The place of performance of rights and obligations shall be the domicile of the office of OMEGA CARGO EXPRESS, which has received the instruction or any other service order.

27-Dispute Resolution between the Customer and OMEGA CARGO EXPRESS

27-1 They agree that any dispute arising as a result of this contract will be decided subject to the following rules: – Direct Negotiation: The parties will seek to resolve amicably and directly the differences that arise, for which they will have a period of fifteen (15) calendar days counted from the day following the receipt of the written complaint made by the fulfilled party to the unfulfilled party. – Ordinary Jurisdiction: In the event that the difference persists despite having exhausted direct negotiation, the parties may resort to ordinary jurisdiction