Update Date: June 19, 2024

Privacy Policy

1. Introduction

Welcome to the Pera Logistics website. Pera Logistics, which refers to Pera Logistics LLC and Pera Logistics SA de CV, ("we," "us," or "our") values your privacy and is committed to protecting your personal information. This Privacy Policy explains how we collect, use, and safeguard the information you provide through our website.

2. Information We Collect

When you visit our website and use our services, we may collect personal information, including, but not limited to, the following through our forms:

  1. Identify yourself as a shipper, carrier or other
  2. Name
  3. Company
  4. Phone number
  5. Email address
  6. Your question or inquiry

3. How We Use Your Information

We use the information we collect to:

  1. Respond to your inquiries and questions
  2. Provide you with information about our logistics services
  3. Improve our services and website functionality
  4. Communicate with you about updates, promotions, and services (if you have opted in to receive such communications)

4. How We Protect Your Information

We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information. However, please note that no method of transmission over the Internet, or method of electronic storage, is 100% secure.

5. Sharing Your Information

We do not sell, trade, or otherwise transfer your personal information to outside parties.

This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.

6. Cookies and Tracking Technologies

Our website may use cookies and similar tracking technologies to enhance your experience. You can choose to disable cookies through your browser settings, but this may affect the functionality of our website.

7. Third-Party Links

Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites.

8. Your Consent

By using our website, you consent to our Privacy Policy.

9. Changes to Our Privacy Policy

We reserve the right to update or change our Privacy Policy at any time. Any changes will be posted on this page, and the effective date will be updated accordingly.

10. Contact Us

If you have any questions or concerns about this Privacy Policy or our privacy practices, please contact us at hello@peralogistics.com

TERMS AND CONDITIONS

FIRST. DEFINITIONS. For the purposes of these Terms and Conditions, the following definitions apply:

a. “PERA” means Pera Logistics LLC, Pera Logistics S.A. de C.V., or any of its subsidiaries (as applicable).

b. “CARRIER” refers to the individual(s) or entity(ies) contracted by the Client, who directly perform the freight transportation service, consisting of the transfer of the Shipment or Content by land to the Destination in accordance with the laws and regulations of the Territory.

c. “CLIENT” is the user who requests services from Pera.

d. “RECIPIENT” is the individual or entity to whom the Shipment or Content is addressed and received at a specified Destination within the Territory, regardless of whether there is a relationship between the Recipient and the Client.

e. “DESTINATION” is the specific address to which the Carrier must deliver the Shipment or Content, as detailed and sent via email.

f. “SHIPMENT OR CONTENT” refers to the merchandise documented by the Client or Sender, under the commercial relationship that Pera maintains independently with the Carrier. The Shipment or Content may or may not be described in the Confirmation Document.

g. “CONFIRMATION DOCUMENT” specifies the details of each load, including but not limited to: load number, date, price, currency, Client or Carrier name (as applicable), equipment type, temperature (if applicable), product type, weight, number of pallets, delivery and shipment details and date, customs services (if applicable). This definition encompasses, but is not limited to, the following documents: Load Confirmation, Shipment Confirmation, Rate Confirmation, or their substitutes.

h. “SENDER” is the individual or entity directing and sending the Shipment or Content to a specified Destination within the Territory, regardless of whether there is a relationship between the Sender and the Client.

i. “SERVICES” are the activities provided by Pera, described as follows:

i. Coordination, development, and follow-up of transportation and logistics operations.

ii. Coordination, development, and follow-up of itineraries, routes, and intermediary services between the Client and third parties.

j. “CREDIT APPLICATION AND AGREEMENT” is the document the client completes with true information, requesting Pera to grant a certain credit for the payment of fees agreed upon for the Services, specifying, but not limited to, the amount to finance, term, and payment conditions.

k. “TERMS AND CONDITIONS” refers to the content of this document.

l. “TERRITORY” means the territories of the United Mexican States, the United States of America, and/or Canada.

SECOND. APPLICATION. These Terms and Conditions govern the provision of Services that Pera provides to the Client. The Client agrees to be bound by these Terms and Conditions by (i) signing a Credit Application and Agreement or another document referring to these Terms and Conditions, (ii) receiving a Confirmation Document via email or any other means from Pera, (iii) contracting Pera’s Services, including but not limited to sending a Shipment or Content to a Destination and/or (iv) making any payment of fees to Pera.

THIRD. OBJECT. Pera will provide the Services to the Client as requested. Pera will act solely as an intermediary between the Client and third parties (such as the Carrier) so that the Client can receive other services related to transportation and logistics operations.

FOURTH. ON THE CARRIER. The Client understands, acknowledges, and agrees that (i) Pera is not a carrier; (ii) Pera only provides the Services; (iii) Pera may, if authorized by the Client, contract on behalf and for the account of the Client, the Carrier to perform the freight transportation service, consisting of the transfer of the Shipment or Content by land to the Destination; (iv) said freight transportation service is not provided by Pera, but by the Carrier; and (v) the Carrier is responsible for delivering the Shipment or Content to the Destination.

FIFTH. SHIPMENT AND DESTINATION. The Client will clearly and precisely indicate to Pera, for the provision of the Services: (i) the information of the Shipment or Content, and (ii) the Destination to which the Shipment or Content should be delivered. Subsequently, Pera will send the Client a Confirmation Document via email with this information.

In the absence of the Confirmation Document, both the Shipment or Content and the Destination can be established in documents electronically or digitally delivered by the Client to Pera, for Pera to inform the Carrier of the Shipment or Content details and the Destination. This is provided that the information comes from an email, text message, WhatsApp, and/or any message received through a designated and authorized email address or phone number. In such cases, these electronic or digital communications will be considered as the Confirmation Document.

The Client is solely responsible for ensuring that the information provided to Pera and/or the Carrier in the Confirmation Documents related to the Shipment or Content is truthful, sufficient, correct, clear, and precise. If the Client fails to comply with the above, Pera will not be responsible for any damage, loss, harm, theft, deterioration, shortage, wastage, and/or damage to the Shipment or Content.

The Client must provide Pera in writing with sufficient, correct, clear, and precise details of the type of merchandise or items comprising the Shipment or Content, its weight, temperature controls, pre-cooling phase (if applicable), dimensions, design specifications, cleaning procedures, load number for transportation, and, if applicable, its value.

The Client agrees that bulk cargo will be weighed by the Carrier at the first point within the Territory where there is an appropriate scale, or otherwise measured in cubic meters.

The Client is responsible for ensuring that the Shipment or Content is in optimal packaging conditions and loaded adequately and securely to ensure transportation to the Destination. If the Carrier’s presence is not allowed during the loading of the Shipment or Content, the Client is responsible for ensuring that the

Shipment or Content is secured, blocked, braced, and tied down.

If the Client loads the Shipment or Content onto the Carrier’s vehicle, the Client must inspect the vehicle or other transportation equipment provided by the Carrier to ensure it meets sanitary, documentation, design specifications, and cleaning procedures. The Client is solely responsible to Pera and the Carrier for meeting these packaging and transportation requirements and agrees to indemnify and hold Pera harmless from any liability arising in this regard.

The Client must reject any equipment that appears to be in inadequate condition to protect and preserve the Shipment or Content during transportation. Vehicles and other transportation equipment used by the

Carrier to transport the Shipment or Content will be considered acceptable to the Client at the time of loading. The Client’s failure to comply with the obligations derived from this paragraph will be considered an act or omission by the Client.

If the Client’s Shipment or Content consists of hazardous materials, the Client must comply with all applicable laws and regulations in the Territories concerning the transportation of hazardous materials, as defined in 49 CFR §172.800, §173, and §397 et seq., and the General Law for the Prevention and Integral Management of Hazardous Waste and other applicable Mexican laws, to the extent any shipment constitutes hazardous materials, dangerous goods, or hazardous waste, as appropriate. The Client is obligated to immediately inform Pera if any Shipment or Content constitutes hazardous materials, dangerous goods, or hazardous waste. The Client will defend, indemnify, and hold Pera harmless from any penalties or liabilities of any kind, including reasonable attorneys’ fees, arising directly from non-compliance with applicable laws and regulations regarding hazardous materials, dangerous goods, or hazardous waste.

The Client must refrain from sending items prohibited by the law of the Territories, including but not limited to: explosives, corrosives, weapons, ammunition, high-value items such as jewelry, antiques, precious metals, works of art, negotiable instruments, money, pornographic material, toxic substances, flammables, narcotics, psychotropics, and other substances or plants considered a serious public health problem under the Penal Code and the General Health.

SIXTH. FEES. Pera and the Client will freely negotiate the fees for the provision of the Services, considering various parameters and criteria, including but not limited to: the type of Services, characteristics of the Shipment or Content, volume, regularity, Destination, class of load, and payment system. The Client agrees to pay the fees for the Services under the payment conditions agreed upon in writing between Pera and the Client. If Pera and the Client have not established a deadline for fee payment, the Client agrees to pay Pera these fees before the provision of the Services.

SEVENTH. CREDIT. Pera may, at its sole discretion, grant the Client a certain amount of credit for the payment of fees, as established in the Credit Application and Agreement. The Client’s signature on the Credit Application and Agreement implies agreement to the terms and payment conditions established therein.

EIGHTH. DELIVERY. Pera, on behalf and for the account of the Client, will coordinate with the Carrier the collection and delivery of the Shipment or Content at the addresses indicated by the Client, according to the instructions and agreements in each Confirmation Document; adhering to the agreed terms and conditions. Additionally, the Client agrees that the Carrier is solely responsible for collecting the delivery proof of the Shipment or Content, through the Recipient’s signature, or of anyone at the Destination address at the time of delivery.

NINTH. ADDITIONAL EXPENSES. The Client acknowledges and agrees that there may be additional charges and/or expenses beyond those agreed upon in each Confirmation Document under the terms established in the Confirmation Document itself. If there are any additional charges and/or expenses, the Client is solely responsible for these and must reimburse Pera within a period not exceeding thirty (30) calendar days from the issuance of the corresponding invoice. In the case of delays or administrative detention not attributable to Pera or the Carrier, the Client must pay for the additional costs and/or expenses incurred.

TENTH. CLAIMS. If the Client receives any claim from the Consignee or Receiver regarding damage, shortage, defect, and/or breakage to the Shipment or Contents, provided that (i) the Consignee and/or Receiver is not identical to or related to the Client, (ii) it has been communicated to the Client within 24 twenty-four hours following the delivery of the Shipment or Contents, and (iii) the Client has notified Pera within 48 forty-eight hours following the delivery of the Shipment or Contents; then Pera will promptly notify the Carrier so that the Carrier can respond to the Client and Pera for any damage, shortage, theft, loss, defect, and/or breakage in the Shipment or Contents.

ELEVENTH. INSURANCE POLICIES.

a. United States of America. Pera is an intermediary, not a carrier, and has no responsibility for the loss or damage of the Shipment or Content. The Client acknowledges and understands that, by law, in the United States of America, the Carrier is required to have a current insurance policy for a minimum amount of USD $100,000.00 (one hundred thousand dollars legal currency of the United States of America 00/100) that covers, without limitation, any damage, breakdown, loss, harm, theft, deterioration, shortage, defect, and/or breakdown related to the Shipment or Content.

b. Mexico. Pera is an intermediary, not a carrier, and has no responsibility for the loss or damage of the Shipment or Content. Similarly, the Client acknowledges and understands that, in Mexico, by law, the Carrier is not required to have any insurance policy that covers, without limitation, any damage, breakdown, loss, harm, theft, deterioration, shortage, defect, and/or breakdown related to the Shipment or Content. Pera may recommend an insurance provider to the Client to cover the Shipment or Content, understanding that Pera will have no responsibility regarding the insurance contract, as Pera is only making a recommendation to the Client, who decides whether or not to contract the insurance. In the event the Client does not contract any insurance that at least covers, without limitation, any damage, breakdown, loss, harm, theft, deterioration, shortage, defect, and/or breakdown related to the Shipment or Content, the Client understands and agrees with the provisions established in this subsection b. of the present clause.

TWELFTH. NO LIEN. The Carrier shall have no right to impose any type of charge, pledge, or lien on the Shipment or Content due to the execution of the freight transport service. In the event that the Carrier imposes any charge, pledge, or lien on the Shipment or Content, (i) the Client is obligated to hold Pera harmless, releasing Pera from any type of responsibility for such an occurrence, (ii) Pera shall have no responsibility whatsoever under this clause, and (iii) the Client may assert their rights directly against the Carrier. The Client understands and agrees with the foregoing.

THIRTEENTH. VEHICLES. The Carrier shall have at their disposal the land vehicles (motor or trailer units) required for the provision of the freight transport service and is obligated to hold Pera harmless from any liability related to their licenses, authorizations, or infractions (such as rules regarding measurements, dimensions, and capacity). All vehicles and equipment used by the Carrier must be clean, at suitable temperature conditions according to the type of product, free of odors, dry - even refrigerated ones -, without leaks or seepage, and free of contamination and infestation. No vehicle used for the provision of the Services that carries any Shipment or Content shall, at any time, be used to transport waste, garbage, solid or liquid waste of any kind, whether hazardous or not, any poison, pesticide, insecticide, or any other dangerous toxic substance.

FOURTEENTH. TRACKING SYSTEM. Pera will make its best effort to ensure that the Carrier has an internet-based tracking and monitoring system or the ELD or TMS systems for the Carrier's vehicle. This is to ensure that the Carrier can monitor and track the Shipment or Content at all times and provide updated information to Pera upon request. It also enables Pera to track and monitor the locations using the cell phone numbers of the driver transporting the Shipment or Content.

FIFTEENTH. LIABILITY AND INDEMNIFICATION. Pera shall be released from liability to the Client, the Carrier, the Sender, the Recipient, and/or third parties (i) for theft (whether with or without violence), removal, robbery, and/or, in general, any crime or attempted crime committed at any time that prevents the delivery of the Shipment or Content to the Destination; (ii) for the illegal takeover of the vehicle transporting the Shipment or Content that prevents the delivery of the Shipment or Content to the Destination; (iii) when the damage, loss, breakdown, harm, theft, deterioration, shortage, defect, and/or impairment of the Shipment or Content results from the negligence, willful misconduct, or bad faith of the Carrier, Client, Sender, and/or Recipient, as well as (iv) due to force majeure or acts of God. The Client shall defend, indemnify, and hold harmless Pera, its employees, agents, and the Carrier from any loss caused by or arising from (i) its negligence or willful misconduct or that of its employees or agents; (ii) its breach of these Terms and Conditions; (iii) its or its employees' or agents' violation of applicable laws or regulations; (iv) inherent defects in the Shipment or Content; (v) inadequate packaging of the Shipment or Content; (vi) when the Shipment or Content, by its own nature, suffers total or partial deterioration or damage, provided that (a) the delivery time and (b) the provisions in the Confirmation Document have been met; and/or (vii) when the declarations or instructions of the Sender, the Client, and/or the Recipient related to the Shipment or Content are false. Additionally, the Client shall indemnify Pera, its employees, agents, and the Carrier for any attempt to recover its amount by its insurance company or any other party. The obligation to defend includes the payment of all reasonable defense costs, including attorney fees, as they are incurred.

SIXTEENTH. CARRIER’S PERSONNEL. The Carrier must maintain, at all times, sufficient personnel and the necessary safety equipment to provide the cargo transportation service, whether with its own staff or subcontracted personnel. The Client acknowledges and accepts that between Pera, the Sender, and the Client, there exists only a business relationship and there is no employment relationship or similar, nor any labor, social security, accident, illness, and/or death responsibility. The Carrier is obligated to hold Pera and the Client, individually or jointly, harmless from any claim, complaint, demand, or liability arising from or related to its employer obligations. The Client understands and agrees with the foregoing.

SEVENTEENTH. ANTI-CORRUPTION. Pera and the Client must comply with all applicable legislation in the Territories, including anti-corruption laws in force during the execution of these Terms and Conditions and in relation to the provision of Services. Pera, the Client, and the Carrier must not give or offer directly, nor through an intermediary, any gratuity to a government official (or candidate for a public office), official of an international organization, or to a political party or official entity, with the purpose of influencing an official decision, inducing the official to perform or omit any act, or securing an undue advantage. Pera, the Client, and the Carrier declare and guarantee that (a) neither they nor any of their employees or officials are government officials or employees, officials of a political party, or candidates for a political office; and (b) during the term of the Terms and Conditions, no government official and no official of a government agency or entity is or will be associated with or has or will have an interest, whether direct or indirect, in the other party or has or will have any legal or beneficial interest in any agreement or payments made pursuant to the Credit Request, as a result of an act or omission by Pera, the Client, and/or the Carrier. Any breach of the foregoing obligation will constitute a serious breach of the Terms and Conditions and will entitle the other party to exercise all available legal remedies, including the termination of the same. Pera, the Client, and the Carrier, at their own expense, guarantee that they are familiar with and will comply with all applicable anti-corruption laws, including the Foreign Corrupt Practices Act of 1977 (“FCPA”), as well as other anti-corruption laws in force in the countries in which they conduct business, including, without limitation, the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of the Organization for Economic Cooperation and Development.

EIGHTEENTH. TERM. The Terms and Conditions will have an indefinite term. However, Pera and the Client may terminate their commercial and/or contractual relationship without any liability, by notifying the other party with at least 30 calendar days' notice; provided that there are no Services pending execution and/or payment.

NINETEENTH. NOTICES. All notices to be made between Pera and the Client related to the Services or the Credit Application and Agreement shall be sent in writing to their address or email, and shall be considered valid from the date they were sent, without the need for confirmation of receipt.

TWENTIETH. APPLICABLE LAWS. The provision of the Services by Pera is governed by the laws and regulations applicable in the United Mexican States.

TWENTY-FIRST. JURISDICTION. For the interpretation, compliance, and enforcement of the Terms and Conditions, Pera and the Client agree to submit to the jurisdiction and venue of the competent courts of the City of Guadalajara, Jalisco, expressly waiving any other jurisdiction that may correspond to them by reason of their present or future domicile.

TWENTY-SECOND. MISCELLANEOUS.

a. Non-exclusivity: The Client is not restricted from contracting with other service providers, intermediaries, or carriers. Likewise, Pera has no restrictions or prohibitions on providing the Services to third parties.

b. Autonomy: If any provision of the Terms and Conditions and/or the Credit Application and Agreement is declared inapplicable by competent laws or authorities, the other provisions shall continue to have full effect between Pera and the Client. In the event of a conflict between the content of any document signed between Pera and the Client and these Terms and Conditions, the provisions of the Terms and Conditions shall prevail. Any amendment agreement entered into between Pera and the Client shall be valid only when signed in writing by a duly authorized representative of Pera and the Client.

c. Confidentiality: The Client undertakes to maintain absolute confidentiality regarding all information related to these Terms and Conditions.

d. Force Majeure: Pera, the Client, the Shipper, the Carrier, and the Consignee agree to consider the following as additional cases of force majeure or acts of God: official provisions, publicationsin the Official Gazette of the State of Jalisco and in the Federal Official Gazette, natural causes, natural disasters, earthquakes, heavy rains, epidemics, pandemics, floods, invasions, events or acts that prevent the Carrier from fully possessing and/or controlling the Shipment or Contents, social movements, suspension of work carried out by municipal, state, or federal authorities. Non-compliance by the Client stemming from economic or financial solvency shall not be considered force majeure and thus shall not constitute an exclusion of liability.

e. Entire Agreement: These Terms and Conditions constitute the entire agreement between the Client and Pera, superseding any prior agreements or negotiations, whether oral or written, between Pera and the Client.

f. Agency: Pursuant to these Terms and Conditions, the Client, as principal, grants Pera, as agent, the authority to contract with third parties on behalf and for the account of the Client, various logistics and transportation-related services (other than the Services) such as, but not limited to, the service of cargo transportation by road to the Destination and those mentioned in these Terms and Conditions. In this regard, under this agency, the Client is solely responsible for fulfilling the obligations that Pera has contracted on behalf and for the account of the Client.

TWENTY-THIRD. LANGUAGE. These Terms and Conditions are in Spanish and English; however, Pera and the Client agree that for all legal purposes, the text of the Terms and Conditions in Spanish shall prevail over the English version.