Last Updated: 10 December 2023
SHIPPING & CARGO RESPONSIBILITY POLICY
SHIPPING TERMS (INCOTERMS)
All shipments carried out by BANALYA® S.A. are conducted in accordance with internationally recognized Incoterms, including FOB, CIF, CFR, and other applicable terms.
Any request to change the port of discharge, destination, or routing after confirmation shall be subject to approval. All resulting costs and risks shall be borne exclusively by THE CLIENT.
AUTHORIZED SHIPPING LINES
BANALYA® S.A. works exclusively with certified shipping lines, including:
- HMM
- Maersk
- MSC
- CMA CGM
- Hapag-Lloyd
- ONE
- Evergreen
- COSCO
- Wan Hai
BANALYA® S.A. reserves the absolute right to select the carrier based on operational requirements, availability, routing, and safety standards.
CARGO PICKUP AND ABANDONMENT
THE CLIENT must clear and collect the cargo within the official free-time period.
If THE CLIENT fails to collect or clear the cargo within four (4) calendar days from its arrival, the cargo shall be deemed abandoned.
BANALYA® S.A. reserves the right to resell, redirect, dispose of, or destroy abandoned cargo without any obligation toward THE CLIENT.
THE CLIENT irrevocably waives any right to claim ownership, compensation, reimbursement, or damages related to abandoned cargo.
TRANSFER OF RISK AND RESPONSIBILITY
BANALYA® S.A.’s responsibility ends entirely once the cargo is loaded on board the vessel in Ecuador.
From that moment, all risks, costs, inspections, responsibilities, and liabilities are fully transferred to THE CLIENT.
BANALYA® S.A. shall not be responsible for events occurring during transit or at the destination.
INSPECTIONS AND ADDITIONAL COSTS
All inspections, demurrage, detention, storage, penalties, handling fees, and additional costs occurring during transit or at the destination shall be the sole responsibility of THE CLIENT.
Exception: BANALYA® S.A. shall assume responsibility only for inspection costs in Panama, where applicable and previously agreed.
PAYMENT OBLIGATION — CRITICAL CLAUSE
THE CLIENT is strictly obligated to complete all payments related to the shipment before the vessel arrives at the port of discharge.
Failure to comply shall entitle BANALYA® S.A. to withhold shipment documents, suspend or cancel the operation, redirect the shipment, or resell the cargo.
ABANDONMENT, LEGAL ACTION, AND CREDIT REPORTING
Any abandonment of cargo shall entitle BANALYA® S.A. to initiate legal action and report the case to Coface or other international credit insurance and risk-management entities.
Such reporting may affect THE CLIENT’s credit rating, access to financing, and future commercial activities.
CONFIDENTIALITY AND PROTECTION OF SHIPPING INFORMATION
BANALYA® S.A. shall not be liable for losses or damages resulting from THE CLIENT’s failure to protect shipment information.
All shipment data, documentation, pricing, routing information, and commercial terms shall be treated as strictly confidential.
CONTAINER OPENING RULES
Containers must be opened exclusively in authorized bonded warehouses or other officially approved facilities.
Any unauthorized opening, seal alteration, or tampering shall automatically void any right to submit quality, damage, shortage, or cargo-condition claims.
FINAL PRINCIPLE
No Payment → No Documents → No Cargo Release.