⟩ Customer service ⟩Cargo insurance
Cargo insurance coverage
In order to keep you informed regarding the policies issued by Intermodal Mexico, S.A. de C.V. (IMEX), we will inform you about the insurance terms and conditions for the cargo we move.In case you need more information or we are at your disposal in the customer service department 01 800 220 IMEX or 55-5246 39 77 ext. 3165 and 3079.
In order to comply with what is stated in article 66 of the Federal Roads, Bridges and Trucking Act, IMEX may protect its customer's goods during its transportation with an insurance which covers damages and losses that may occur while the cargo is moved from origin to destination.
In accordance to article 67 of the Federal Roads, Bridges and Trucking Act, if the customer pretends IMEX to cover the total price for the loss or damage that the merchandise may suffer, he/she should declare said value in the service application and pay for the guarantee cost which corresponds to said merchandise.
In case of shipments which declared value does not exceed US$50, 0000 United States Currency (maximum coverage), the referred guarantee cost should be 0.60% of the shipment's declared value.
The coverage shall apply as long as the customer declares the cargo’s value in the service application sent to IMEX and the goods value does not exceed USD $50,000.
In case the merchandise’s value is not declared, or declaring the value without paying the guarantee cost, the cargo loss or damage compensation shall be limited to 15 days general minimum wage current in the Federal District, per ton or, when dealing with low cargo shipments, its respective proportional part.
The guarantee cost paid by the user, 0.60% of the declared value, is non-refundable and covers cargo damages or losses up to USD$50,000 or its equivalent in pesos, per shipment, trucking unit or container covering:
- Freight cost reimbursement
- Merchandise’s acquisition or production cost reimbursement (in no case invoice value or retail price).
- In imports cases, import tax payments and expenses (except VAT).
- In case it exceeds the maximum coverage amount, the proportion compensable clause shall apply.
In case the guarantee cost had been paid (0.60%), aside from declaring the merchandise’s value, and in case of presenting a loss or damage cargo claim, a deductible shall be applied to the customer, without exception and before the corresponding compensation is paid. For covered risks, a 10% deductible shall apply over the cargo value with a minimum amount of USD$100 or its equivalent in Mexican Pesos, at the exchange rate published by the Mexican Federal Official Gazette on the day of the accident.
In case the claim is submitted in dollars, exchange rate to be applied shall be the one published in the Mexican Federal Gazette in the day of the accident or on the date that the certificate (acta) is issued which ever corresponds to what is established in the claims chapter. (Dollar claims may only be made when the declared value was also stated in dollars).
If case of a container’s total loss or destruction, IMEX responsibility shall not exceed the real container value, minus the deductible, without exceeding the insured amount. The real value shall be obtained by deducting the damaged reposition value the container has at the day of the accident, minus the depreciation cost, calculated based on the container’s use and the preservation state in accordance with the following table:
Container age depreciation factor:
- Up to 5 years, 10% depreciation over the container’s value.
- From 6 to 10 years: 15% depreciation over container’s value.
- Over 11 years: 25% depreciation over container’s value.
The cargo coverage shall not apply in the cases stated in article 66 of the Communications and Transportation Act, aside from those when the customer’s move their cargo in open units, when there are missing items after a military search or any other authority action, as well as:
- Earthquakes, tornados, flooding, cyclones and hurricanes.
- Uprising, terrorism, acts of war.
- Negligence attributable to the client, its agents or representatives.
- Inherent fault or merchandise defects, in its packaging or loading.
- Authority actions
- When the shippers declarations or instructions, sender or freight/shipment document holder are false.
- When due to its nature, cargo is dispatched without packing or with a faulty or inadequate one.
- When because of its natural built, or the transportation, due to heat or any other natural cause, the merchandise is exposed to a total of partial loss or damage, whether it is breaking, oxidation or internal deterioration, etc.
- When dealt with explosives, flammable or corrosive substances, or any other hazardous material (nuclear fuel, or toxic waste, ionic radiations and/or radioactive pollution, radioactive, toxic or other risky properties; weapons which use atomic or nuclear energy through fission or fusion).
- When the customer receives the cargo without submitting a written claim, within the next 24 hours following the shipment placement.
- When the consignee receives the damaged cargo and withdraws it without IMEX' written authorization.
- The hired railway company's exclusions will apply during cargo carriage by rail. (You may review this exclusions at: www.ferromex.com and www.ferrosur.com.mx).
Over any kind of goods or merchandise except previously mentioned ones and the following:
- Raw cotton
- Antiques or art objects
- Money and values
- Any kind and class of jewelry
- Waste or defective materials
- Precious metal in any presentation
- Any kind of goods samples
- Personal objects
- Live cattle and poultry
- Fishmeal
- Incubation and consumption eggs
- House hold goods
- In bulk products
- Vegetables
- Wines and liquors
- Chemical products
- Machinery
- Paints
- Solvents
- Footwear
- Regular transit risks above the deductible
- Above deductible total or partial robbery
- Wetness and oxidation
- Other cargo or stains contact
- Rupture or crack
- Spillages
- Scrap
- Cut downs
Requirements to be covered by customers to present a claim for cargo damage due to accidents, missing cargo or robbery.
General- The claim may only be presented by the sender or consignee or its authorized legal representative, duly authorized in accordance with the Law and stated in the documentation or service order.
- The claim and/or accident notification shall be done within the next 24 hours to the cargo reception or, well when the shipment is placed.
- In order to initiate a claim procedure, the customer shall present the freight's and insurance payments proofs.
- IMEX will pay the customer the amount of the damages or stolen cargo within the next 30 days after the customer confirms and accepts the amount presented by IMEX as the loss resolution.
- In case of controversy related with the application of the insurance cargo coverage for Transporte IMEX, its customers will settle any difference between them before the Mexico City court in accordance with the applicable federal law.
- Documentation for the insurance company.
Damage or accident claims procedure
1. Accident- In case the cargo is damaged due to an accident, IMEX will immediately inform the customer, so that it may state which ever right corresponds to the IMEX Customer Service Management who at the same time will forward the case to the corresponding department within the company.
- IMEX will then issue a fact finding report, with photographs in order to establish the damage to the cargo, possible causes, cargo recovery, if applicable, maneuvers due to the accident. This reports may be carried out in with the customer, depending of the urgency of the a matter.
- In order to request a compensation due to the damage, the customer shall present the above-mentioned documentation. The procedure will not be carried out if one of the documents is missing:
- A cargo claim letter from the owner, stating the amount to be claimed at cost and/or production value and the goods' value.
- A letter stating if the cargo was insured by the owner, in which case the policy number and the insurance company's name shall be stated.
- Original service order or transportation contract, stating the cargo value declared;
- Commercial value which backs up the damaged or stolen goods’ production cost. On import cases, certified copies of the customs declaration and customs invoices shall be included.
- Original freight invoice and payment receipt;
- Once the above-mentioned documentation is received, IMEX will issue a file in order to establish the amount that shall be paid to the customer as indemnity.
Article 66.-The cargo trucking service concessionaries are responsible of the losses and damages suffered by the cargo they are moving, from the moment they receive the cargo until it is delivered to its addressee, except in the following cases:
- Due to goods or merchandise faults or inadequate packing;
- When by its sole nature, the cargo deteriorates, or is partially or totally damaged;
- When a written petition is presented by the shipper stating that the cargo shall be moved in an open vehicle, when due to its nature it shall be moved in close or covered vehicles;
- False statements or instructions, from shipper, consignee or addressee’s or from the bill of lading’s holder
- When the service user does not state the value of the cargo, the responsibility will be limited to the amount equivalent to 15 days of the general minimum wage currently in force in the Federal District, per ton or, when dealing with low weight shipments, the corresponding proportional share .
