Shipping & Cargo Responsibility Policy

Last Updated: 10 December 2023

Shipping & Cargo Responsibility Policy

Shipping Terms (Incoterms)

All shipments carried out by FRUTANA®️ are conducted in accordance with internationally recognized Incoterms (FOB, CIF, CFR, etc.). Any request to change the port of discharge, destination, or routing after confirmation is subject to approval, and all resulting costs and risks shall be borne exclusively by the Client.

Authorized Shipping Lines

FRUTANA®️ works exclusively with certified lines: Maersk, MSC, CMA CGM, Hapag-Lloyd, ONE, Evergreen, COSCO, Wan Hai. FRUTANA®️ reserves the absolute right to select the carrier based on operational requirements and safety standards.

Cargo Pickup and Abandonment

The Client must clear cargo within the official free time.
If the Client fails to collect or clear the cargo within four (4) calendar days from arrival, the cargo shall be deemed abandoned.
FRUTANA®️ reserves the right to resell, redirect, or destroy abandoned cargo without obligation toward the Client.
The Client irrevocably waives any right to claim ownership, compensation, or damages related to abandoned cargo.

Transfer of Risk and Responsibility

FRUTANA®️’s responsibility ends entirely once the cargo is loaded on board the vessel in Ecuador. From that moment, all risks, costs, inspections, and liabilities are fully transferred to the Client. FRUTANA®️ bears no responsibility for events during transit or at destination.

Inspections and Additional Costs

All inspections, demurrage, detention, storage, or penalties occurring during transit or at destination are the Client’s responsibility. Exception: FRUTANA®️ assumes responsibility only for inspection costs in Panama, where applicable.

Payment Obligation (Critical Clause)

The Client is strictly obligated to complete all payments related to the shipment prior to vessel arrival at the port of discharge. Failure to comply entitles FRUTANA®️ to withhold documents, cancel the shipment, or resell the cargo.

Abandonment, Legal Action, and Credit Reporting

Any abandonment of cargo entitles FRUTANA®️ to initiate legal action and report the case to COFACE or other international credit insurance entities, affecting the Client’s credit rating and future commercial activities.

Confidentiality and Protection of Shipping Information

FRUTANA®️ shall not be liable for any loss or damages resulting from the Client’s failure to protect shipment information. All shipment data and commercial terms are strictly confidential.

Container Opening Rules

Containers must be opened exclusively in authorized bonded warehouses. Any unauthorized opening or tampering automatically voids any right to claims, including quality or damage claims.