Shipping & Cargo Responsibility Policy

Shipping Terms (Incoterms)

All shipments carried out by FRUTANA®️ are conducted in accordance with internationally recognized Incoterms, including but not limited to FOB, CIF, CFR, or any other Incoterm expressly agreed upon and confirmed in writing with the Client.

Any request by the Client to change the port of discharge, destination, shipping line, or routing after shipment confirmation is subject to prior approval by FRUTANA®️, and all resulting costs shall be borne exclusively by the Client.

Authorized Shipping Lines

FRUTANA®️ works exclusively with certified and internationally recognized shipping lines, including:

• Maersk, MSC, CMA CGM, Hapag-Lloyd, ONE, Evergreen, COSCO, Wan Hai.

FRUTANA®️ reserves the right to select the shipping line based on operational requirements, availability, safety standards, and transit time.

Cargo Pickup and Abandonment

The Client is required to collect and clear the cargo within the official free-time granted by the port or shipping line.

If the Client fails to collect or clear the cargo within four (4) calendar days from arrival at the port of discharge without a valid and justified reason, the cargo shall be deemed abandoned.

In such cases, FRUTANA®️ shall have full and unrestricted rights to dispose of the cargo, including but not limited to selling it to a third party, redirecting it, or taking any commercial or legal action deemed appropriate, without any obligation toward the Client.

The Client expressly waives any right to claim ownership, compensation, refund, or damages in relation to abandoned cargo.

If the cargo is sold at a price lower than its original commercial value, FRUTANA®️ reserves the right to claim from the Client any financial losses, damages, or additional costs incurred.

Transfer of Risk and Responsibility

FRUTANA®️’s responsibility ends immediately and entirely once the cargo is loaded on board the vessel at the port of loading in Ecuador, in accordance with the agreed Incoterms.

From that moment onward, all risks, costs, delays, inspections, and charges are transferred to the Client, and FRUTANA®️ bears no responsibility for events occurring during transit or at the port of destination.

Inspections and Additional Costs

FRUTANA®️ does not assume any additional costs once the cargo is loaded on board the vessel.

All inspections, demurrage, detention, storage, fines, delays, or customs-related charges occurring during transit or at destination shall be entirely borne by the Client.

Exception:
FRUTANA®️ assumes responsibility only for inspection costs in Panama, as it is considered the nearest operational inspection port.

Abandonment, Legal Action, and Credit Reporting

Any abandonment of cargo by the Client, whether explicit or implicit, entitles FRUTANA®️ to initiate legal proceedings against the Client and to report the matter to COFACE or any other international trade credit insurance or risk assessment entity.

Such actions may negatively affect the Client’s credit rating and future commercial operations.

Payment Obligation

The Client is strictly obligated to settle all outstanding payments related to the cargo prior to its arrival at the port of discharge, unless otherwise expressly agreed in writing.

Failure to do so constitutes a material breach of contractual obligations.

Confidentiality and Protection of Shipping Information

FRUTANA®️ shall not be held liable for any loss, delay, damage, or fraud arising from the Client’s failure to safeguard shipping information, including but not limited to Bill of Lading numbers, arrival details, container numbers, or shipping schedules, or from sharing such information with unauthorized third parties.

All shipment details, container contents, commercial transactions, and contractual terms are considered strictly confidential and are protected to ensure business continuity and operational security.

Container Opening Rules

Containers must be opened exclusively in authorized bonded warehouses.

Any opening or tampering with a container at an unauthorized location automatically voids any right to submit claims, including claims related to quality, quantity, or damage.

By confirming any shipment or continuing to do business with FRUTANA®️, the Client acknowledges and fully agrees to be bound by this Shipping & Cargo Responsibility Policy.