GENERAL TERMS AND CONDITIONS FOR INTERNATIONAL REMOVALS
1: SCOPE
This contract is entered into exclusively between the Client and Orchid MoveMex Enterprises, LLC, a company duly organized under the laws of the State of Wyoming, United States of America (hereinafter, the “Company”).
OMME Relocation S.A. de C.V., a company organized under the laws of Mexico, may intervene solely as an independent subcontractor for the operational execution of certain services within Mexican territory, without creating any partnership, subsidiary, permanent establishment, agency relationship, or joint liability between both entities.
Unless otherwise agreed in writing, the following provisions shall automatically apply to all international relocations governed by the signed contract between the parties.
Governing Law:
This Agreement, its interpretation, performance, and enforcement shall be governed exclusively by the commercial laws of Mexico, without prejudice to the arbitration mechanism agreed in Clause 19.This Agreement, its interpretation, performance, and enforcement shall be governed exclusively by the commercial laws of Mexico, without prejudice to the arbitration mechanism agreed in Clause 19.
In the event this Agreement is executed in both Spanish and English versions, the Spanish version shall prevail in case of discrepancy.
2: INFORMATION TO BE PROVIDED BY THE CUSTOMER
The contract shall be prepared based on the information provided by the client in a timely manner. The moving company shall be responsible for assessing the volume and, if necessary, the weight of the items to be moved. However, the client shall bear full responsibility for any consequences arising from an underestimation of the volume or weight due to omissions, incomplete, or incorrect information provided to the moving company. Accordingly, the client shall assume any additional costs that exceed the initial estimate.
If the moving company has inspected the premises from which the furniture will be moved and the relevant entryways, this must be stated in the moving estimate. Likewise, if the moving company has inspected the delivery location and corresponding access points, this must also be reflected in the estimate. If there are exceptional difficulties in accessing the buildings or in handling the items, the client must inform the moving company in cases where no prior inspection has taken place. If the moving company is not informed of such difficulties, the client shall be liable for any expenses and damages incurred by the moving company as a result, except those for which the moving company is directly responsible.
The client shall be responsible for the following:
a) Listing all items that could be damaged by the equipment used or during the handling and transportation of the furniture.
b) Informing the moving company of the presence of items subject to special regulations, such as gold or silver objects, precious metals, wine, spirits, and firearms, provided the moving company has advised the client of such applicable regulations. The moving company shall not be held liable for verifying the compliance of the submitted documentation.
c) Declaring the presence of artworks, collectibles, or other high-value items not covered under subsection (b) above. The client shall be liable for any costs and damages incurred by the moving company as a result of inaccuracies or omissions in the information described above.
If the client fails to provide detailed instructions regarding which items are to be moved, they shall be responsible for ensuring that no items are mistakenly transported during the pickup of furniture.
The client shall provide the moving company with a valid point of contact (telephone, fax, email, etc.) where they can be reached during the moving process. The client must notify the moving company of any changes to this contact information. If such contact information is not provided, the moving company shall not be held responsible for failing to convey important information that may arise during the move.
The moving company reserves the right to cancel the contract if the client provides incorrect or incomplete information that compromises the safe or timely execution of the relocation. In such cases, no refunds shall be issued, and the client shall be liable for any additional costs incurred.
3: CUSTOMS
The moving company shall inform and remind the client as thoroughly as possible about existing Customs regulations and any other formalities required during the moving process. The client must provide the necessary documents to the moving company and submit all information required to carry out such formalities.
The moving company shall not be obligated to verify the accuracy or completeness of the documents and information provided by the client. The client shall be liable to the moving company for any damages resulting from the absence, inaccuracy, or incompleteness of said documents or information, except when such damages are caused by the moving company.
The moving company shall be responsible for the consequences of the loss or misuse of the documents referred to in the first paragraph of this clause.
Customs formalities performed by the moving company are included in the quoted price of the move provided to the client. However, import duties and taxes on goods transported to various countries or territories shall be paid by the client. In the case of "Port of Entry" (P.O.E.) or "Airport of Entry" (A.O.E.) operations, the parties agree that the initial price does not include unloading, customs clearance, or final delivery of goods, belongings, furniture, or vehicles at destination.
The aforementioned operations shall be the sole responsibility of the client.
The client is solely responsible for ensuring that all customs documentation and information provided is accurate and complete. The moving company shall not be held liable for delays or penalties resulting from incorrect or incomplete customs documentation provided by the client.
The client must submit all customs documents scanned with a physical scanner. Photographs or digital scans generated by mobile applications will not be accepted.
Inspections and Authority Reviews:
The client acknowledges that customs, port, airport, security, or other competent authorities may conduct physical inspections or reviews, including intrusive or destructive inspections, of the shipped goods. Orchid MoveMex Enterprises® shall not be liable for any damage, loss, delays, or costs arising from such inspections when ordered by competent authorities.
Diplomatic Shipments:
For shipments under diplomatic franchise, Orchid MoveMex Enterprises® shall act in accordance with instructions issued by diplomatic authorities and applicable procedures. The company shall not be liable for delays arising from internal embassy processes, accreditations, or governmental authorizations.
4: PRICE AND PAYMENT TERMS
The price established in the contract may not be modified unless unforeseen expenses arise related to the method of execution, which are beyond the control of the moving company, either before or during the relocation. However, the client shall be responsible for any additional costs if the quoted volume in the estimate is exceeded, in accordance with the terms outlined in Clause 2.
If the execution period is not specified, the prices quoted by the moving company shall remain valid for a period not exceeding one month from the date the estimate was issued. The agreed price must be paid according to the terms mutually agreed upon by the parties and as specified in the special conditions (accepted quotation).
In the event of a payment delay beyond the agreed terms, the moving company reserves the right to suspend its services until payment is received. Past-due balances may accrue interest at a rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower.
Any additional expenses incurred during the execution of the service—including but not limited to: customs inspections, scanning, port delays, container fines, additional handling services, temporary storage, or any other third-party charges—must be paid by the client prior to the release or delivery of the shipment. Refusal to pay such charges may result in service suspension and/or enforcement of the General Lien Clause.
Demurrage and Detention / Delays and Holds:
All costs arising from delays at ports, terminals, customs, warehouses, or transportation caused by missing documents, late instructions, pending payments, or decisions made by the client shall be borne by the client, including storage, demurrage, detention, per diem, re-delivery fees, or any related surcharges.
International Rate Variations:
The client acknowledges that international transportation costs may change due to factors beyond the company’s control, including but not limited to fuel surcharges, port congestion, peak season surcharges, carrier rate adjustments (ocean/air), equipment availability, security surcharges, or regulatory changes. Any applicable adjustment will be passed on to the client upon reasonable notice.
Exchange Rate:
When services are quoted and/or invoiced in foreign currency, the client accepts that exchange rate fluctuations may affect the final amount payable, based on the exchange rate applicable at the time of invoicing and/or payment.
Anti-Fraud / Payment Instructions:
The company shall not be liable for payments sent to incorrect accounts due to external fraud, phishing, impersonation, or altered payment instructions not confirmed through the company’s official channels. The client is responsible for verifying payment details prior to making any transfer.
5: VALUED INVENTORY AND INSURANCE
The client assumes all risk if they choose not to purchase comprehensive insurance coverage. The company’s liability will be limited in accordance with Mexican law and will not cover high-value items, damage due to humidity, theft, or total loss. The moving company strongly recommends that the client purchase a comprehensive “ad valorem” insurance policy. If such a policy is not obtained, the moving company’s liability shall be limited to the minimum amounts specified under Mexican law and the terms established by the contracted freight carriers.
To determine the moving company’s liability in the event of loss or damage to the entrusted goods, and to establish the compensation to which the client may be entitled, the client must:
a) Provide a detailed inventory of the personal effects and furniture entrusted to the moving company;
b) Declare the individual value of the items or groups of items entrusted to the moving company. It is the client’s responsibility—and in their best interest—to purchase an insurance policy through the moving company. Such policy will provide “ad valorem” coverage for the transported items, effects, furniture, and vehicles.
If the client does not purchase a comprehensive “ad valorem” insurance policy, they accept full responsibility for the inherent risk. In the event of a claim against the moving company, even if the client is at fault, the company’s liability for loss or damage shall be governed by the insurance coverage provided by the contracted freight carriers and by the Mexican Law on Roads, Bridges, and Federal Motor Transport (Title VI, Chapter II, Article 66, Clause 5), which states that the carrier shall be required to compensate the user with 15 days of the general minimum wage in Mexico City or the equivalent number of UMAs (Measurement and Update Units) per ton or proportional part thereof, in the case of lighter shipments.
6: CANCELLATION OF THE CONTRACT
Except in cases of force majeure, if the client cancels the order or if the moving company is found to be in breach of contract, the aggrieved party shall be entitled to compensation. Such compensation shall be equivalent to one-third of the total moving price if notice is given more than three full days before the scheduled start of the move, and to half of the moving price if notice is given one day in advance.
A cancellation fee equivalent to 50% of the total contract price shall apply if the client cancels the move within the 3 days prior to the scheduled start date, regardless of the exact time of cancellation.
These fees are in addition to any costs already incurred in preparation for the move.
In addition to the aforementioned cancellation fees, no refunds will be issued if the client cancels after the moving process has begun, including any preparatory work performed by the moving company.
7: DOOR-TO-DOOR SALES
If the moving services are sold to the client as door-to-door, the client shall have the right to cancel the contract within 3 days of signing the moving agreement. To exercise this right, the client must submit a written notice of withdrawal. During this period, the client shall not be required to make any payment.
8: MODIFICATION OF THE MOVING CONTRACT
The client shall have the right to stop the move or change the furniture delivery location.
If the client changes the destination after signing the contract, they shall be responsible for any additional costs associated with the change, including but not limited to transportation, handling, and administrative costs.
The exercise of this right shall be subject to the following conditions:
a) The client shall compensate the moving company for any expenses and losses resulting from their instructions.
b) Such change or interruption must be feasible at the time the instructions reach the person responsible for executing them and must not alter the normal operations of the moving company or adversely affect other clients.
If the new destination is more expensive or requires additional logistics, the client will be notified of the revised cost and must accept the revised terms in writing before the change is implemented.
If the moving company is unable to comply with the instructions for the reasons outlined above, it shall immediately notify the client. If the moving company fails to carry out the instructions under the conditions specified in this clause, it shall be liable to the client for any resulting damages.
The client must provide written notice of any cancellations or changes to the moving company. Verbal notices will not be accepted and shall not release the client from their financial obligations.
If the execution of the contract under the terms specified in the moving estimate becomes impossible for any reason before the furniture arrives at its destination, the moving company shall request instructions from the client. However, if circumstances allow the move to continue under different conditions than those stated in the estimate, and the moving company is unable to obtain instructions from the client, it shall take the measures it deems best for the client's interest.
The moving company shall be entitled to reimbursement for any expenses incurred in requesting or implementing such instructions, or in taking the above-mentioned measures, unless it is responsible for such costs. If, upon arrival at the destination, the client cannot for any reason accept delivery at the location indicated in the estimate, the sender cannot be located, and/or fails to provide timely instructions regarding the disposition of the furniture, the client agrees that the moving company has the right to immediately unload said items at a location of its choice. In such case, its responsibility shall be limited to choosing a suitable location and a person or company to whom the furniture can be entrusted. The moving company shall be entitled to reimbursement for any expenses incurred as a result of such actions.
If the move cannot be carried out under the agreed terms due to reasons attributable to the client, the moving company shall be entitled to compensation for the loss suffered, which shall not exceed the total moving price. However, these provisions shall not apply if the client’s failure is due to unforeseeable and uncontrollable circumstances.
All changes to the destination or terms of the moving contract must be agreed upon in writing at least 10 days prior to the scheduled moving date, unless mutually agreed otherwise.
9: SERVICES EXCLUDED OR ACCEPTED UNDER CERTAIN CONDITIONS
The services provided by the moving company shall not include the removal or installation of items affixed to walls, floors, or ceilings. Moving personnel are not authorized to modify the contract or agree to perform any work not stipulated in the quotation, unless such agreement is made in writing with the general director of the moving company.
The moving company will not transport persons, live animals, insects, plants, hazardous materials, explosives or flammable substances, jewelry, coins, precious metals, or valuable items. The moving company shall not be held liable if any of the above items are transported without its knowledge, and the client may be held responsible.
Any exception to this rule must be agreed upon in writing between the parties prior to the commencement of the move.
The client shall be fully responsible for any legal consequences arising from the transportation of prohibited or hazardous items that were not disclosed to the moving company. The company shall not be liable for any damage, delay, or penalty resulting from the transport of such items.
10: AMENDMENT TO PERFORMANCE TERMS
The client and the moving company may mutually agree to modify the provisions of the contract, provided such changes are made in writing and specify the new terms as well as their impact on the price particularly with regard to any additional services not originally stipulated in the initial contract.
In the event unforeseen circumstances arise that require changes to the moving process or execution terms, the moving company must inform the client as soon as possible. Any modification to the contract including but not limited to changes in destination, method of transportation, or schedule must be made in writing and agreed upon by both parties.
The client acknowledges that any modification may result in additional costs, including but not limited to transportation fees, handling charges, administrative fees, or any other expenses directly related to the requested changes. The client agrees to cover all such additional costs and must provide written consent before any changes are implemented.
If the client does not provide written acceptance of the required changes, the moving company reserves the right to suspend or terminate its services. In such cases, the client shall be responsible for any expenses incurred up to that point, and the moving company shall not be held liable for any resulting delay or loss.
Accuracy of Information:
The client is responsible for the accuracy and truthfulness of all information and documentation provided. Any costs, penalties, delays, or consequences arising from inaccurate, incomplete, or incorrect information shall be the sole responsibility of the client.
11: MANDATORY PRESENCE OF CUSTOMER
The client or their designated representative must be present both during the loading and delivery of the goods. Before the departure of the loaded vehicle, they must verify that no items have been left behind at the premises or any annexes where the furniture was located.
The moving company’s personnel shall have the right to request that the client record in writing any pre-existing damage prior to the move.
If the client or their appointed representative is not present during loading or delivery, the moving company shall not be held liable for any missing or damaged items. The company reserves the right to charge for any additional time or delays caused as a result of such absence.
12: LIABILITY OF THE REMOVALS COMPANY
Nature of Service as International Logistics Coordinator:
The client acknowledges that Orchid MoveMex Enterprises® acts primarily as an international logistics coordinator and contracting agent, arranging services through independent third-party providers such as ocean carriers, airlines, ground carriers, customs brokers, warehouses, and destination agents.
Unless expressly stated in writing, Orchid MoveMex Enterprises® is not the direct carrier, and the physical execution of transportation is performed by the contracted third-party providers.
a. Extended Liability:
The moving company's liability for any loss, damage, or delay is strictly limited to the coverage provided under the insurance policy purchased for the move and to the provisions of Mexican law governing carrier responsibility.
If the client does not purchase additional "ad valorem" insurance coverage, the moving company's liability shall be limited to the minimum compensation amounts established by law (15 days of minimum wage per ton or proportional part thereof).
The moving company shall not be liable for:
Theft or burglary during transport, storage, or handling, unless the client has contracted theft insurance and direct negligence can be demonstrated.
Damage caused by humidity, mold, or condensation within closed containers (rain container effect), unless waterproof packaging or humidity control was expressly contracted.
Mistakes, negligence, or errors made by subcontracted agents (e.g., shipping lines, destination agents, airlines, carriers, customs brokers), unless negligence in the selection process by the moving company is proven.
For door-to-door services, the moving company shall only be responsible for the diligent selection and coordination of the destination agent, not for the actual performance of the services carried out under the third party's responsibility.
Multi-Company Coordination:
The moving company acts as an integrated logistics coordinator, and the execution of international services involves multiple subcontracted entities, including but not limited to: ground carriers, ocean shipping lines, customs brokers, warehouses, local operators, and destination agents. The client acknowledges that the moving company has no direct control over the operations of these entities and therefore cannot assume direct responsibility for errors, omissions, or operational failures attributable to them.
In the event of damage, loss, or non-compliance attributable to any of these third parties, the moving company will forward the claim to the corresponding provider and assist the client in its resolution. However, this does not imply joint liability on the part of the moving company.
The client expressly authorizes the moving company to appoint agents at destination and acknowledges that their execution is independent. The client agrees to cooperate with such agents, and any disputes related to their operational execution shall be addressed in accordance with their applicable contractual terms, without implying joint liability of Orchid MoveMex Enterprises, LLC.
b. Insurance Coverage:
The moving company offers comprehensive insurance packages to cover potential losses or damages to the client's goods during the move. If the client opts to use an external insurance provider, they must provide proof of coverage at least five (5) days prior to the move. If no such proof is provided, the move will be delayed until it is received, and the moving company will not be liable for any resulting delays or additional charges.
The moving company shall only be liable for any partial or total loss, damage, or delay to the extent that such loss or damage is covered by the insurance policy and under the terms stipulated in this contract. If a detailed condition report of the goods is requested, it shall be carried out at the requesting party's expense and will be deemed the agreed condition of the items unless proven otherwise.
If it is proven that the loss, damage, or delay occurred while the goods were in the care of a subcontracted carrier (e.g., shipping company, airline, etc.), and if the client agreed to the use of such subcontractor, the moving company's liability shall be subject to the subcontractor's terms and conditions of carriage. Nevertheless, the moving company shall maintain general liability for any negligence or omission for which it is directly responsible.
In cases where the loss or damage is caused by the client's actions (e.g., improper packing, disassembly, or handling) or by inherent defects in the transported items, the moving company shall bear no liability.
Additionally, for particularly fragile or valuable items (e.g., marble, glass, porcelain, electronics), the client must notify the moving company in advance so that appropriate precautions can be taken. Failure to provide such notice releases the moving company from liability for those items, unless negligence on the part of the company can be demonstrated.
Except where prohibited by applicable law, the company shall not be deemed to assume liability beyond the limits established herein.
The moving company shall also not be liable if the loss or damage results from risks inherently associated with one or more of the following:
a. Disassembly, packing, handling, loading, securing, unloading, unpacking, or reassembly performed by the client or by personnel or equipment arranged by the client on their own initiative.
b. The client choosing packing and transport conditions that do not meet the standards recommended by the moving company, even after receiving alternate proposals.
c. The presence of items unknown to the moving company, for which the company would have taken special precautions had it known of their presence or nature.
d. The inherent nature of certain items that may suffer partial or total loss or damage due to their characteristics or cause damage to other goods-for example: rust, internal or spontaneous deterioration, drying out, atmospheric moisture, freezing, spills, insufficiently dry paint or coatings, or infestation by pests or rodents.
e. Exceptional difficulty in handling due to the size or weight of items in relation to the dimensions, access points, or structural integrity of the premises.
f. If, under this clause, the moving company does not accept liability for certain contributing factors to the damage, it shall only be liable to the extent that the factors for which it does accept responsibility have contributed to the loss or damage.
Operational Limitation:
Orchid MoveMex Enterprises® shall not be liable for events beyond its direct operational control, including acts or omissions of third-party providers, authorities, weather conditions, acts of war, civil unrest, or other unforeseeable events.
13: EXCLUDED RISKS
The moving company disclaims all liability for operations not performed by its employees or authorized subcontractors.
The company shall bear no responsibility for the following:
Theft or looting during transit or storage without contracted insurance coverage;
Damage caused by humidity, condensation, or mold resulting from normal transportation or storage conditions without specialized protection;
Deterioration caused by pest infestation, lack of ventilation, temperature variations, or prolonged storage without proper packaging.
It is strongly recommended that the client acquire specialized technical packaging and coverage against humidity, mold, and pests if transit or storage is expected to be prolonged, as well as comprehensive insurance covering losses due to theft, vandalism, or natural disasters.
The moving company shall not be held liable for damage or any adverse consequences arising from the following situations:
a. Inherent Defects or Failures:
The moving company shall not be liable for damage resulting from inherent defects or operational failures in the transported items. This applies in particular to goods with mechanical, electrical, or electronic components, whose integrity or functionality cannot be reasonably assessed by the moving company. If an item requires special precautions, such as reinforcement or specific cushioning, the client must notify the company in advance and ensure such precautions are handled by a qualified specialist.
b. Force Majeure:
The moving company shall not be liable for any loss, damage, or delay caused by events of force majeure. Such events include, but are not limited to, natural disasters (e.g., floods, earthquakes), governmental actions, terrorism, war, strikes, pandemics, or any other circumstance beyond the control of the moving company. In these cases, the company shall make reasonable efforts to mitigate the impact but shall not be responsible for resulting delays or damages.
c. Acts of Third Parties:
The moving company shall not be liable for damages caused by actions of third parties, including but not limited to transshipments carried out by carriers, shipping lines, or airlines not under the company's direct control.
d. Weather Conditions:
The company shall not be liable for any delays or damages caused by adverse and unforeseeable weather conditions that significantly impede or prevent the completion of the move, especially in cases where such conditions render transport dangerous or impossible.
e. Client Handling or Packing Errors:
If the client, or anyone acting on their behalf, disassembles, packs, handles, loads, secures, unloads, unpacks, or reassembles any items, the moving company shall not be liable for any resulting damage, loss, or delay. Likewise, if the client fails to follow the company's recommendations regarding packing or transport conditions, the company shall not be held liable for any resulting damage.
f. Pre-existing Defects or Conditions:
The company shall not be responsible for damage or loss resulting from the pre-existing condition or inherent nature of the transported items. This includes, but is not limited to, rust, internal or spontaneous deterioration, drying, atmospheric moisture, freezing, spills, or surface coatings (e.g., paint or varnish) that are insufficiently dry.
g. Pests and Rodents:
The company shall not be liable for damage caused by pests, rodents, or any other infestation that may affect the items before or during transport. Clients are advised to ensure that their belongings are properly protected and treated for such risks prior to the move.
h. Oversized or Overweight Items:
The company shall not be liable for damage caused during the transport or handling of furniture or items that are exceptionally large or heavy, if these items were not properly disclosed in advance. The client must inform the company if their furniture exceeds standard size or weight limits typical for moving operations so that proper equipment and handling methods can be employed.
High-Value Goods:
The client must expressly declare any high-value or sensitive items. Failure to declare such items may limit the liability of Orchid MoveMex Enterprises® in case of loss or damage.
Inherent Maritime Transport Risks (“Container Rain”):
The client acknowledges that maritime transport may involve inherent risks such as condensation, temperature variations, humidity, limited ventilation, and phenomena commonly known as “container rain.” Orchid MoveMex Enterprises® shall not be liable for damages arising from these risks when standard professional packing practices have been applied.
14: TRANSIT TIMES
If the parties agree that the move is to be completed within a specified time frame, a delay shall be deemed to have occurred if the move is not completed within the stipulated period.
If no specific time frame has been established, fulfillment of the contract shall not be considered delayed unless the actual duration exceeds a reasonable period for an efficient company, considering the mode of transportation, the nature of the service, and the possibility of load consolidation.
• For services contracted under the groupage modality, the client acknowledges and accepts the following:
The container’s departure will depend on reaching a minimum volume required for consolidation, which may take several weeks or even months. The moving company cannot commit to a fixed departure date until such consolidation is complete. Waiting periods required to complete groupage shall not be considered delays attributable to the company and are an inherent part of the type of service contracted.
Once the container is consolidated and dispatched, maritime transit times are estimated and may be affected by weather conditions, port logistics, space availability, or transshipments beyond the control of the moving company.
The client agrees that lack of consolidation or delays arising from operational decisions by shipping lines, ports, or third parties do not constitute a breach of contract and do not entitle the client to compensation, reimbursement, or penalties from the moving company.
The moving company shall not be liable for delays caused by events qualifying as force majeure or beyond its control, including but not limited to: a) Failures or delays attributable to shipping companies or airlines. b) Any strikes outside the moving company that disrupt the move. c) Unpredictable weather conditions.
No Guarantee of Transit Expectations:
The client acknowledges that all transit times are estimates only and do not constitute guarantees. No verbal statements, marketing materials, or informal communications shall be interpreted as contractual delivery commitments unless expressly stated in writing.
15: DELAYS AND ASSOCIATED COSTS
The moving company shall not be held liable for any delay in the execution of the move caused by factors beyond its control, including but not limited to traffic, road closures, weather conditions, regulatory inspections, customs procedures, or any other circumstance that can be reasonably classified as outside the company’s immediate control.
In the event such delays result in additional costs, including but not limited to extended rental periods for equipment, storage fees, or fines imposed by third-party service providers (such as carriers, port terminals/facilities, or airlines), the client shall be solely responsible for covering these expenses. While the company will make reasonable efforts to minimize delays whenever possible, any extra charges incurred as a result of delays shall not be borne by the company and must be paid by the client.
Furthermore, the company shall not provide compensation for any loss, inconvenience, or indirect damage resulting from delays (such as loss of business or opportunities). The moving company will make reasonable efforts to notify the client of any anticipated delays; however, such notifications shall not constitute an acceptance of liability for any associated costs.
If the delay is directly caused by actions or omissions attributable to the client, including but not limited to inadequate documentation, incorrect addresses, or failure to comply with the company’s terms and conditions, any resulting charges shall be the sole responsibility of the client.
Third-Party Charges:
The client agrees that all charges imposed by third parties, including carriers, terminals, customs authorities, warehouses, inspection agencies, or destination agents, shall be passed through to the client without limitation, regardless of whether such charges were foreseeable at the time of quotation.
16: INSPECTION OF FURNITURE ON DELIVERY
At the time of delivery, the client or an authorized representative must be present to immediately inspect the condition of all items and furniture. If any damage or loss is identified, a detailed damage report must be prepared by the company responsible for unpacking at the destination. This report is required for any potential insurance claim.
The client is obligated to notify both the moving company and the destination company of any visible damage or loss discovered during the unpacking process. The moving company shall not be held liable for any claim that is not supported by an official damage report prepared by the destination company responsible for unpacking.
The signing of the delivery receipt by the client or their representative signifies that the goods have been delivered as agreed, and no claims for visible or hidden damage will be accepted unless such damage is documented in the official damage report at the time of unpacking.
If the client is not present during delivery or fails to provide an authorized representative to inspect the goods, the delivery shall be considered complete, and no claims for damage or loss that are not documented will be accepted. The moving company shall not be responsible for any claims related to damage or loss that are not recorded in the official unpacking report prepared by the destination company.
17: DELIVERY TO STORAGE FACILITIES OF A COMPANY DESIGNATED BY THE CLIENT
a. Storage Fees:
If the move is paused or delayed, the client shall be responsible for all storage fees incurred during the delay period. Storage charges will be calculated at the rate specified in the contract or quotation and will be billed on a monthly basis.
Payment for storage fees must be made within five (5) days from the invoice date. Failure to pay within the specified period will result in the suspension of all additional services, including any scheduled deliveries, until full payment is received. The moving company reserves the right to charge late fees or interest on unpaid amounts at a rate of 1.5% per month, or the maximum rate permitted by law, whichever is lower.
If the client fails to make payment after a period of 30 days from the original invoice date, the moving company may exercise its General Lien rights in accordance with Clause 1: General Lien of these Terms and Conditions, including all notice and enforcement procedures provided therein, and may proceed with recovery actions permitted by applicable law.
b. Use of Deposit:
Any deposit paid by the client may be used to cover unpaid storage fees if the move is paused. If the deposit is insufficient to cover the outstanding balance, the client will be notified and must pay the remaining amount within five (5) days of notification. In the event of late payment, the moving company may apply a late fee of 1.5% per month on the outstanding balance.
c. Penalties and Interest for Late Payment:
If the client fails to make payment within the agreed terms, penalties and interest may be applied as described above. Repeated non-payment may result in the termination of the storage agreement, and the client shall be responsible for any additional legal or recovery costs incurred.
d. Notification of Storage Charges:
The moving company shall provide written notice to the client of any storage charges and include a detailed explanation of the reasons for such charges. If the client wishes to dispute a charge, it must be done in writing within five (5) days of receiving the invoice. Failure to dispute within this time frame shall be deemed acceptance of the charges.
e. Delivery to Storage Facilities:
Delivery to a storage facility operated by a storage company or a similar third party shall be considered final delivery and shall mark the termination of the moving contract. The client or their agent must be present during unloading and unpacking operations and will be required to sign off on the condition of the goods at the time of delivery. Unpacking and storage charges will be separate and billed by the storage company.
The moving company shall no longer be responsible for the goods, and if the client or their representative is not present during delivery, any damage not immediately visible at the time of unloading shall not be the responsibility of the moving company. In such cases, the storage company’s report on the condition of the goods shall be deemed final, and the moving company shall have no further liability for the items.
18: COMPENSATION FOR DAMAGES
a. Liability for Damages:
The Company shall only be liable for loss or damage to the Client’s goods when proven negligence in the execution of the contracted services has been duly established.
Compensation shall be limited to the declared value for insurance purposes or, in the absence thereof, to the depreciated commercial value of the item at the time of the loss, and in no event shall exceed the total amount effectively paid for the services, whichever is lower.
The operational deadline to submit claims shall be five (5) business days following delivery, in accordance with the procedure established herein. This deadline does not replace any mandatory statutory limitation period nor the period set forth in Clause 19 for dispute resolution.
b. Claims Procedure:
In the event of damage or loss, the client must submit a written claim to the moving company within five (5) days of delivery. The claim must include:
A detailed description of the damaged or missing items.
Photographic evidence clearly showing the condition of the items at the time of delivery.
Any receipt, appraisal, or other proof of value of the damaged or lost items.
A copy of the signed delivery receipt, noting any visible damage or concerns reported at the time of delivery.
The moving company reserves the right to inspect the damaged items before issuing any compensation. If an inspection is required, the client must retain the damaged goods until the inspection is completed.
Any repair, modification, or disposal of the item without prior authorization from the moving company will invalidate any claim related to that item.
c. Claims Processing:
Once the claim is submitted with the necessary documentation, the moving company will respond within fourteen (14) days to confirm receipt and will investigate the matter. If compensation is warranted, payment will be made within thirty (30) days of the final decision regarding the claim.
If the claim involves goods transported by a subcontractor (e.g., freight company, airline, etc.), liability shall be determined in accordance with the subcontractor’s terms of carriage. However, the moving company will oversee the process and assist the client in submitting any compensation claim against the subcontractor.
d. Exclusions of Liability:
The moving company shall not be liable for:
Hidden damage not visible at the time of delivery if the client or their representative fails to note it on the delivery receipt and the goods were unpacked and inspected upon delivery.
Damage caused by pre-existing defects or normal wear and tear.
Damage resulting from improper or inadequate packing done by the client or third parties, unless the packing was performed by the moving company.
Indirect, incidental, or consequential damages, including but not limited to loss of profits, business, or future opportunities, regardless of whether the moving company was informed of the possibility of such damages.
e. Absence of the Client at Delivery:
If the client or their representative is not present during delivery or refuses to sign the delivery receipt, the moving company’s liability for damages shall be limited to visible damages that can be verified through photographic evidence taken at the time of delivery. Any claims for damages reported after delivery will only be considered if a third-party unpacking service (contracted by the client) provides a detailed report on the condition of the goods at the time of unpacking.
f. Compensation Limits:
Compensation for damaged or lost goods shall not exceed the insured value or the coverage limits provided by the client’s insurance policy. If the client did not purchase additional insurance coverage, the moving company’s liability shall be limited to the minimum legal compensation required under applicable law.
Duty to Mitigate:
The client shall take reasonable steps to mitigate any loss or damage. Failure to do so may reduce or eliminate any compensation otherwise payable.
g. Goods Without Contracted Insurance:
If the Client does not purchase additional insurance coverage or fails to declare an insured value for the goods, the Company’s liability shall be strictly limited to the minimum compensation established under applicable transportation law.
For federal motor transport services within Mexican territory, such compensation shall be governed by the Mexican Law on Roads, Bridges, and Federal Motor Transport (Title VI, Chapter II, Article 66, Section V), or any provision replacing it, which establishes a limit equivalent to fifteen (15) days of the general minimum wage in Mexico City (or its equivalent in UMAs) per metric ton or proportional part thereof.
The Client expressly acknowledges that such statutory compensation may be significantly lower than the actual commercial value of the transported goods.
The procurement of additional insurance coverage is the sole responsibility of the Client.
19: DISPUTE RESOLUTION AND LIMITATION PERIOD
a) Negotiation:
Prior to initiating arbitration, the parties shall attempt in good faith to resolve any dispute through written negotiation for a period of fifteen (15) calendar days from the date of written notice of the controversy.
b) Arbitration:
Any dispute, claim, or controversy arising out of or relating to this Agreement, including its interpretation, performance, breach, termination, or validity, shall be finally resolved by binding arbitration administered by the Mexican Arbitration Center (Centro de Arbitraje de México – CAM) in accordance with its rules in force at the time the request for arbitration is filed.
The seat of arbitration shall be Mexico City, Mexico. The proceedings shall be conducted in Spanish. The substantive law applicable to the merits shall be Mexican commercial law.
The parties expressly waive any other jurisdiction that may correspond to them by reason of their present or future domicile.
The arbitral tribunal shall consist of one (1) or three (3) arbitrators, depending on the amount in dispute, in accordance with CAM rules.
c) Interim Measures and Enforcement:
The Company may seek interim or precautionary measures before competent courts in Mexico City without this being deemed a waiver of the arbitration agreement.
The arbitral award shall be final and binding upon the parties and may be enforced in any competent jurisdiction in accordance with the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
d) Costs:
Unless otherwise determined by the arbitral tribunal, the prevailing party shall be entitled to recover reasonable arbitration costs and fees.
e) Operational Claim Deadline:
Without prejudice to any mandatory statutory limitation periods, the Client must submit any service-related claim in writing within thirty (30) calendar days following actual delivery.
20: RESPONSIBILITY FOR CONTAINER RETURN AND ABANDONMENT OF CARGO
a. Obligation to Return the Shipping Container
Client Responsibility: The client acknowledges responsibility for returning the container used for the shipment in the specified condition and within the agreed timeframe. The client shall bear all costs associated with the return of the empty container, including charges incurred due to delays, damage, or loss of the container.
Return Costs: In the event of a delay in returning the container, the client shall be responsible for all additional charges incurred due to such delay. These charges will be itemized in the corresponding invoice and must be paid within five (5) days of receipt.
b. Prohibition of Cargo Abandonment
Definition of Abandonment: Cargo abandonment includes, but is not limited to, failure to clear customs, refusal to accept the shipment, or any action that prevents the proper receipt and delivery of the cargo.
Liability for Abandonment: In the event of cargo abandonment, the client shall be responsible for all additional costs incurred, including but not limited to demurrage charges, storage fees, and any costs related to the return of the container.
c. Handling of Unexpected Issues
Customs and Logistical Issues: In the event of unforeseen issues that may impact the client’s ability to fulfill container return or cargo reception obligations—such as customs restrictions or logistical challenges—the client must notify the moving company in writing within 24 hours of the event.
Action Plan: The moving company and the client shall work together to develop an action plan to address these issues. This plan may include managing additional required documentation, coordinating with customs authorities, or arranging supplemental logistical services.
Shared Responsibility: If the unforeseen issues are caused by factors beyond the client’s control and are communicated in a timely manner, the moving company may consider sharing some of the additional costs, provided the client acts in good faith and within a reasonable timeframe.
d. Indemnification and Costs
Indemnification: The client agrees to indemnify the moving company for all additional costs and damages arising from cargo abandonment, as well as any expenses related to container return.
Legal Action: The moving company reserves the right to pursue legal action to recover costs associated with cargo abandonment or failure to return the container. All recovery costs and legal fees incurred will be borne by the client.
e. Service Termination
Suspension of Services: In the event of failure to comply with obligations related to container return or cargo abandonment, the moving company may suspend all future services until all issues are resolved and outstanding costs are paid.
Contract Termination: The moving company reserves the right to immediately terminate the contract if the client fails to comply with their obligations, including container return or cargo reception, and does not resolve the situation within the agreed timeframe.
In the case of cargo abandonment or if the client cannot be located after all contact and notification attempts described in this contract have been exhausted, the moving company may dispose of the goods through destruction, recycling, or sale to third parties, as deemed most appropriate. Any remaining balance from such actions shall first be applied to cover outstanding debts and costs, and any surplus will be refunded to the client after deducting all logistical, legal, or administrative expenses incurred by the moving company.
21: PROTECTIVE CLAUSES FOR INTERNATIONAL MOVES
International Compliance and Sanctions:
The client represents that the goods subject to the move are not restricted by trade controls, international sanctions, export control laws, or legal prohibitions in the jurisdictions of origin, transit, or destination.
The client agrees to comply with all applicable laws, including export controls, economic sanctions, and customs requirements. Orchid MoveMex Enterprises® reserves the right to suspend or cancel services if potential regulatory non-compliance or legal risk is detected due to the nature of the shipment.
a) Changes in Customs Laws and Regulations
Client Responsibility: The client acknowledges that changes in laws, regulations, or customs procedures may occur after the moving process has begun. The client is responsible for any additional costs, delays, or penalties resulting from such changes. This includes, but is not limited to, changes in import/export restrictions, tariffs, and required documentation.
Notification and Assistance: If changes in customs laws or regulations affect the moving process, the moving company will notify the client as soon as possible. The moving company will provide reasonable assistance to adapt to the changes but shall not be liable for any financial impact resulting from them.
Compliance Responsibility: The client is responsible for ensuring compliance with all customs laws and regulations applicable to their goods. The moving company shall not be held responsible for any compliance issues or related costs.
b) Logistical Issues
Third-Party Logistics: The client acknowledges that logistical issues may arise involving third-party service providers, including carriers, storage companies, and customs brokers. The moving company shall not be responsible for any delays, additional costs, or damages resulting from issues caused by these third parties.
Delay Mitigation: In the event of logistical problems, the moving company will make reasonable efforts to manage and mitigate delays. However, the company shall not be liable for any costs or losses incurred due to third-party failures or logistical disruptions.
Notification: The moving company will inform the client of any significant logistical problems as soon as reasonably possible and will provide updates on the expected resolution.
c) Handling Unexpected Issues
Good Faith: If the client encounters unforeseen issues that affect their obligations—such as customs delays or logistical challenges—they must notify the moving company in writing within 24 hours of the occurrence.
Joint Mitigation Plan: Upon notification, the moving company and the client will work together to develop a mitigation plan. The plan may involve additional documentation, coordination with relevant authorities, or other necessary measures.
Shared Costs: The costs resulting from unforeseen problems will be shared according to the mitigation plan, with each party responsible as reasonably agreed.
22: FORCE MAJEURE
a) Definition and Scope
Covered Events: Force majeure events include, but are not limited to, natural disasters (e.g., earthquakes, floods), war, terrorism, civil unrest, pandemics, strikes, governmental actions, and other unforeseeable events beyond the reasonable control of the moving company.
Liability Waiver: The moving company shall not be held liable for any failure to fulfill its obligations or for delays caused by force majeure events. This includes, but is not limited to, any damages, losses, or additional costs resulting from such events.
b) Notification and Mitigation
Notification Requirement: The moving company shall promptly notify the client of any force majeure event affecting the provision of services. This notification shall include details of the event and its anticipated impact on the moving process.
Mitigation Efforts: The moving company will make reasonable efforts to mitigate the impact of the force majeure event and to resume services as soon as practicable. However, the company shall not be responsible for any costs or damages resulting from delays or inability to perform services due to force majeure.
c) Termination and Settlement
Termination Rights: If the force majeure event persists for more than thirty (30) days, either party may terminate the contract without liability for damages or penalties. In such cases, the moving company shall not be responsible for any costs or losses incurred by the client due to the termination.
Account Settlement: Upon termination of the contract due to force majeure, the moving company will settle all accounts based on services rendered up to the termination date. Any outstanding payments for services provided up to that date shall remain payable by the client.
Global Logistics Disruptions:
The client acknowledges that international transport may be affected by global logistics disruptions beyond the reasonable control of Orchid MoveMex Enterprises®, including port congestion, equipment shortages, route cancellations, labor disputes, health restrictions, border closures, geopolitical events, or similar circumstances.
In such cases, transit times may be extended without constituting breach of contract, and any additional costs generated shall be borne by the client.
22 BIS: SPECIFIC CONDITIONS FOR GROUPAGE SERVICES
a) Definition:
Groupage is a consolidated service that allows clients to share space in a maritime container (typically 20 or 40 feet) with other customers, aiming to reduce export costs for shipments smaller than a full container load.
b) Consolidation Time and Required Flexibility:
The groupage service is subject to reaching a minimum total volume (e.g., 25 m³) before the shipment can be scheduled. This process may take from several weeks up to four (4) months. The client expressly accepts this condition and may not demand fixed dates or claim for delays arising from the consolidation period.
c) Volume-Based Billing:
The quoted volume will be rounded to the nearest cubic meter, and the billable volume will be the greater of: the actual packed and measured volume at the warehouse, or the estimated volume from the quotation. In case of discrepancies, photographic evidence or measurement documentation may be provided.
d) Operational Limitations of Groupage:
The service does not include items that require cranes, hoisting, or specialized handling. It excludes services above the second floor without elevator access. Deliveries on holidays, weekends, or under difficult access conditions (restricted zones, special permits, long walking distances, etc.) are not included. The use of shuttles, stair carries of heavy or oversized items (>75 kg), or third-party services such as electricians or technicians is excluded unless previously contracted in writing.
e) Cancellations:
The cancellation policy for groupage services is distinct and shall prevail over the general cancellation clause:
Cancellation before consolidation: 30% penalty on the total amount paid.
Cancellation after consolidation: 50% penalty on the total amount paid.
Cancellation once in transit: no refund will be granted.
f) Payments:
50% is due upon service confirmation and packing scheduling. The remaining 50% must be paid before the container’s departure. Delivery will not be processed unless 100% of the payment has been received.
g) Storage and Early Withdrawal:
Storage is included until the time of consolidation. If the client chooses to withdraw their cargo before container completion, handling, stacking, and deconsolidation fees will apply.
h) Insurance:
Transport insurance is optional but strongly recommended. If contracted, the policy offered by Orchid MoveMex Enterprises, LLCor the one submitted by the client prior to packing will apply. The company shall not be liable for damages if adequate insurance coverage is not in place.
i) Transit Times:
Once the groupage is consolidated and the container dispatched, maritime transit may vary depending on shipping lines, port congestion, transshipments, etc. These times are estimated and shall not be considered contractual obligations.
j) Notifications:
The client agrees to maintain active communication with the company to receive updates regarding the progress of the groupage.
23: PERSONAL DATA PROTECTION
Orchid MoveMex Enterprises, LLCis committed to handling the client’s personal data with confidentiality and exclusively for purposes related to the contracted relocation service. No information shall be shared with third parties outside those involved in the logistical operation, except in cases of legal obligation or upon the client’s express request. The client may request the deletion of their personal data once the service has been completed.
Cybersecurity Limitation:
While reasonable safeguards are implemented, Orchid MoveMex Enterprises® shall not be liable for losses arising from cyber incidents, unauthorized access, or data breaches affecting third-party systems, communication platforms, or external providers beyond its direct control.
Processing of personal data is further governed by the company’s Privacy Notice available on its website.
SPECIAL TERMS AND CONDITIONS
CLAUSE 1: GENERAL LIEN
a. Lien Rights:
The moving company shall have a general lien over all or part of the client’s goods for:
Any amounts due on the date of signing this contract, or which may become due from the client to the moving company after that date; and
Any current or future obligations of the moving company under this contract or any agreement entered into with the client, regardless of whether such obligations were agreed before or after the signing of this contract,or arose from any act or omission of the client.
b. Exercise of the Lien:
The moving company has the right to charge the client for all storage and related expenses incurred during the period in which the lien is enforced. While exercising the lien, the company may enter into any agreement with any person or moving business for the storage of said goods and pass on these storage charges to the client.
c. Notification and Dispute Resolution:
If the moving company decides to enforce its lien over all or part of the goods, it must notify the client in writing at their last known address. If the client fails to settle the company’s charges within three (3) months of issuance of such notice, the company may issue a second notice and initiate legal proceedings to sell all or part of the goods via public auction or private agreement in accordance with applicable law and after compliance with all mandatory notification requirements to recover the client’s debts and any expenses incurred in connection with the sale and storage of the goods.
d. Appeals Process:
If the client disputes the validity or the amount of the debt, they may appeal the enforcement of the lien by providing written notice to the moving company within fifteen (15) days of receiving the lien notice. The moving company shall review the dispute and may provide a response or adjustment as necessary. If the dispute remains unresolved, the client may seek mediation or legal intervention in accordance with the dispute resolution process outlined in this contract.
CLAUSE 2: PAYMENTS, COLLECTION, COMMUNICATIONS AND DISPUTE CONDUCT
a. Payment Terms:
All amounts due must be paid to the moving company at the office where the contract was signed prior to the commencement of the moving operation. No claim or dispute may be used as justification to withhold payment from the moving company.
b. Late Payment Penalties:
In the event of late payment, the client shall be responsible for interest on the outstanding balance at a rate of 1.5% per month, or the maximum rate permitted by law, whichever is lower. Additionally, a late payment fee of $50 shall be charged for each month of delay. These penalties will be added to the total amount due and must be paid in full.
c. Collection Costs:
If payment is not made within thirty (30) days of the due date, the moving company reserves the right to initiate collection proceedings. The client shall be responsible for all reasonable costs and expenses incurred during the collection process, including but not limited to legal fees and collection agency charges.
Electronic Communications:
The client agrees that communications conducted via email, digital platforms, or messaging applications may be considered valid for operational purposes, including instructions, confirmations, approvals, and notices related to the execution of the services.
Dispute Resolution and Reputation:
The parties agree to attempt to resolve any dispute in good faith before initiating any legal or arbitration proceedings. Neither party shall make public statements, publications, or communications that could adversely affect the reputation of the other party while a dispute resolution process is ongoing.
Final Provisions:
This Agreement, including the General Terms and Conditions for International Moves, constitutes the entire agreement between the parties and sets forth the terms agreed upon. By signing below, the client acknowledges that they have read, understood, and accepted all clauses, conditions, and provisions specified in this Agreement.
Survival:
All provisions relating to liability limitations, payment obligations, dispute resolution, indemnities, and data protection shall survive completion or termination of the services.
Severability:
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Note: These General Terms and Conditions apply exclusively to international moves and constitute a binding agreement between the client and the moving company.
These Terms reflect industry standards of international household goods transportation and global mobility services.