Terms & Conditions Domestic Service
In this document, “FedEx,” “we,” and “our” refer to TNT Express Chile Limitada, while “you” refers to the sender whose name appears on the front and who has requested the services covered by this document.
Acceptance of these terms and conditions
Upon delivery to us of the documents and/or packages as well as the shipping information indicated on the front, you expressly agree that you have reviewed the information you have provided to us for filling in this waybill and that such information is correct. You also expressly accept the terms and conditions contained herein and those that appear on the FedEx Service Guide, which you acknowledge to be familiar with and have consulted on our webpage: www.fedex.com/cl or at any of our Customer Service Centers. If there is a conflict between the FedEx Service Guide and this document, the FedEx Service Guide in effect on the date we receive your shipment will control. No one is authorized to modify such terms and conditions on behalf of or as a representative of FedEx or to accept others that are different from those contained herein.
Carriage of documents and/or packages
FedEx agrees to transport and deliver the shipment covered by this document to the address of the recipient, and within the period, indicated on the front. FedEx Priority Express and FedEx Priority Freight” services mean that FedEx will do its best efforts to deliver the shipment within the day following the date on which it was received, depending on the transit times previously established for the destination ZIP code; however, for remote locations, this period will be extended as necessary, as indicated on the front of this document. FedEx will make its best efforts to obtain a delivery record signed by the addressee or someone at the address at the time of delivery. FedEx may provide the services either directly or through any third party retained by it, as it may deem fit under the circumstances.
Packing shipment and completing documentation
You must properly pack the contents of the shipment and correctly complete this document. If you do not state the number of packages covered by this document, it will be understood that you only delivered to us one package. FedEx may verify the true weight of the shipment and, if necessary, adjust the rate applicable to the shipment in accordance with the rates in force on the date on which FedEx received the package (these may be found on our webpage: www.fedex.com/cl or at any of our Customer Service Centers. You state, under affirmation to tell the truth, that the contents of the shipment have been correctly declared in this document and that it does not contain any of the following items (“prohibited items”): tickets or advertising materials for foreign lotteries or prohibited games of chance; materials or waste to which the Transport by Land of Hazardous Materials and Waste Regulations apply, unless with the previous approval of the appropriate authorities; drugs whether hallucinogenic or narcotic unless their possession and transportation is lawful; firearms or explosives; animals or perishable items that do not comply with the safety and hygienic requirements imposed by law; money or bearer or otherwise negotiable instruments; any other item whose transportation requires a specific permit or is restricted by law, unless such permit has been obtained; or any other articles or products whose transportation is restricted by FedEx as set out in the Service Guide.
Although you may provide us with different billing instructions, you will be the principal person obligated to pay the total charges for our services (including any others that become payable, such as storage for reasons not the fault of FedEx, return of the shipment, additional declared value, multiple delivery attempts because of the absence of the addressee, etc.).
You authorize FedEx in Chile, in case of simple delay, default or breach of obligations, your personal data may be entered, processed, treated and communicated to third parties without restrictions, in the database or commercial information system DICOM Electronic Bulletin (BED).
It is understood and agreed between the Parties that, in the event of claims for which the Courrier is responsible, it shall be indemnified for damages, losses or losses caused to the freight and/or parcels transported only up to the amount of 2 Unidades de Fomento for B2C services and 50 Unidades de Fomento for B2B services per waybill. Only waybills or invoices in which it is indicated that the sender is the holder of the Current Account shall be eligible for the indemnity indicated.
You may purchase Additional Risk Coverage, which will override the General Coverage described above (both types of coverage are mutually exclusive). To activate the Additional Risk Coverage, the shipment must be accompanied by a tax document (such as a delivery note or invoice) detailing the contents and stating the total net value. If such documentation is not provided, FedEx may refuse to transport the shipment. The same will apply if the customer declares the value but refuses to purchase the Additional Risk Coverage.
This coverage only applies to goods with a declared value not exceeding 100 Unidades de Fomento (UF) per shipment; items exceeding this value will not be transported or, where applicable, compensated. Loss, damage, theft, or misplacement of goods that should have been declared but were not, will not be eligible for compensation. The same applies if the customer insists on transporting goods without coverage, as outlined herein. In the event of loss or destruction of envelopes and/or documents, the compensation limit will be the freight cost; upon customer request, FedEx may issue a Certificate of Loss.
A customer who holds private insurance through an insurance company for their cargo and makes shipments exceeding 100 UF in value per guide without declaring them or declares them but opts not to purchase the Additional Risk Coverage offered by FedEx, hereby declares that they release FedEx from any obligation to compensate for any such loss or damage. This declaration shall be considered an out-of-court settlement for all legal and judicial purposes that may arise from such events, and it is the customer's responsibility to inform their insurer of this circumstance.
Notwithstanding the above, FedEx will always pay only the lower amount proven by the customer, regardless of the provisions in these terms and conditions.
FedEx does not provide any insurance, which you expressly acknowledge. Except as otherwise stated, FedEx assumes no further liability for any damages or losses you may incur. FedEx shall also not be liable for: (i) acts or omissions of the sender, recipient, or any third party, including but not limited to defects or failures in packaging, packing, labeling, or marking of the shipment; (ii) breach of the terms and conditions contained herein by the sender or the recipient; (iii) prohibited shipments; (iv) damages and/or losses arising from causes not attributable to FedEx, or due to acts of God, force majeure, natural disasters, civil disturbances, or acts committed by subversive groups, guerrillas, terrorism, or organized crime, or by any acts or omissions of authorities.
Furthermore, the Courier shall be released from any liability to pay any type of compensation to you, the consignor, or the owner of the transported goods, in the event of improperly packed goods or packaging unsuitable for the nature or fragility of the cargo and products subject to a cold chain.
Declaration of additional value and limits
It is your responsibility to inform the Carrier in writing of any goods exceeding the amount of 2 Unidades de Fomento (UF) for B2C services and 50 UF for B2B services per shipment, and to purchase, at your own expense, the Additional Risk Coverage. The cost of the Additional Risk Coverage, which is determined based on the month of dispatch, may not exceed 1% of the declared value per shipment.
The maximum declared value per shipment that FedEx will accept is 100 UF, except for items of extraordinary value, as defined in our Service Guide (including fine crafts, jewelry, precious stones or metals, non-negotiable securities, antiques, etc.), for which the maximum limit per shipment shall be 2 UF for B2C services and 50 UF for B2B services.
Without prejudice to what may be provided by law, ALL CLAIMS MUST BE SUBMITTED TO FEDEX IN WRITING WITHIN THE 60 CALENDAR DAYS FOLLOWING THE DATE OF DELIVERY OF THE SHIPMENT OR THE ESTIMATED DATE OF DELIVERY. Even though you may call our Customer Service Department at telephone number 800.36.3030, in any case you must submit your claim in writing within the period above mentioned. FedEx will not be obligated to pay any claim unless the charges for our services have been totally paid. You will have no right to deduct any amount with respect to a claim from the charges to be paid to FedEx. For us to be able to process your claim, we would appreciate your having handy for our inspection the original shipping packing. If the addressee accepts the shipment without making any notation or exception on the delivery record, it will be assumed that the shipment was delivered in good condition.
FedEx will compensate the owner of the goods only for their net cost value. There will be no compensation for lost revenue, opportunity costs, consequential damages, moral damages, or loss of profit. The compensation covers only the values associated with the cost of the goods and not their sale price; if the sale price is the only available reference, a 30% discount will be applied.
FedEx may inspect the shipment at any time and may permit government authorities to carry out such inspections as they may consider appropriate. FedEx, in addition, may reject or suspend the carriage of any prohibited items or one that contains materials that damage or may damage other shipments or that may constitute a risk to FedEx equipment or employees or to those of its service providers.
Disposition of Undeliverable Shipments
Shipments that cannot be delivered may be returned at the payer’s expense. Shipments will be returned at no additional charge if the inability to deliver is due to packaging damage caused by FedEx. However, if the shipment cannot be delivered for any other reason, FedEx reserves the right to apply return shipping charges and fees to the original payer, in addition to the original shipping charges and fees.
Additionally, you authorize FedEx, in accordance with Article 2227 of the Civil Code, the disposing of undeliverable shipments after a period of 90 days from the date FedEx received them for transport. By way of example, a shipment is considered undeliverable when: (i) the delivery address cannot be located; (ii) the recipient refuses to pay for a shipment or certain ancillary services that, per the sender’s instructions, were to be paid by the recipient; (iii) the recipient refuses to accept the shipment before, during, or after delivery; (iv) the sender or recipient information cannot be identified; or (v) the shipment contains prohibited goods.
In the event of any dispute, the parties submit to the jurisdiction of the common courts of San Bernardo, waiving any other jurisdiction that may apply by reason of their domiciles, present or future, or for any other reason.