Reporting Obligation - Accidents or Claims

Communication Obligation

In the event of any accident, incident, theft, or similar incident during the route, the Carrier is obligated to notify both Fr8App and the Client's consignee indicated in the Bill of Lading or Rate Confirmation immediately by telephone as an urgent notification.

Additionally, the Carrier is obligated to communicate the event in writing by email, with all specifications, details, and circumstances of the event, within a period of no more than 3 hours.

Fr8App has a Carrier Internal Audit Program (PAIC), in which random audits are constantly conducted on active shipments in the system. Various parameters are unannounced to guarantee our carrier base, with correct reporting of incidents being one of the elements audited.

The Carrier undertakes to participate in the PAIC if required. Furthermore, regardless of the PAIC, the Carrier must deliver to Fr8App, upon request via email, a copy of all documents mentioned in this section within two (2) calendar days of its request.

In the event that the Carrier fails to comply with any of the provisions established in this clause, the Carrier shall be liable for any loss, damage, or harm to Fr8App and its Clients during the contracted Service. The Carrier shall consider the value of the merchandise and materials transported, and the Carrier expressly waives any liability limits, including, but not limited to, those set forth in Article 66 of the Federal Law on Highways, Bridges, and Federal Motor Transport.

Obligation to React

The Carrier must carry out all custody, safeguarding, and recovery actions for the transported merchandise, as long as it receives instructions from Fr8app and/or the Client.

Reporting Obligation - Accidents or Claims

We refer to accidents as random or fortuitous events, force majeure, or unexpected events beyond the control of the driver. These are events that are unavoidable while driving. For example, a tree or lightning strikes the vehicle.

We refer to incidents as losses that can be prevented or avoided. They are caused by a causal event during driving and generally result from human error.

In the event of any accident or incident, the Carrier must submit the following documentation to Fr8app within no more than 24 (twenty-four) hours after the event occurred:

If applicable, certified copies of the report prepared by the Federal Preventive Police or the authority that heard the incident.
Original certificate issued by the Public Prosecutor's Office.
Copy of the shipping note or bill of lading covering the merchandise (Bill of Landing, Bill of Lading, or Air Waybill, as applicable).
Copy of the corresponding Import Order, if applicable.
Reading of the satellite tracking system used to monitor the respective trip.
Reading of kilometers traveled (Omnitrack) of the corresponding equipment.
Speed report of the equipment involved;
Latest preventive maintenance report for the equipment involved.
Copy of the operator's current driver's license, issued by the competent authority.
Copy of the operator's "Trusted Operator" credential, issued by the Client or third parties, such as RControl, if applicable.
The most recent results of any drug tests administered to the corresponding operator. All personal information that could personally identify the operator must be omitted from said documentation.
If requested by Fr8app or the Client, present the corresponding Operator for an interview at the location indicated for this purpose, after prior appointment has been coordinated with Fr8app and/or the Client.

If the Carrier fails to provide the aforementioned information and documentation within 48 (forty-eight) hours, the Carrier will be subject to a penalty equivalent to 10 (ten) times the current Unit of Measurement and Update (or any unit that replaces it in the future) for each day of delay, until the Carrier provides complete information to Fr8App.

Fr8App has a Carrier Internal Audit Program (PAIC), in which random audits are conducted on active shipments in the system. Various parameters are audited unexpectedly to ensure our carrier base. Accurate incident reporting is one of the elements audited.

The Carrier agrees to participate in the PAIC if required. Furthermore, independently of the CAIP, the Carrier will provide Fr8App, upon request via email, with copies of all the documents mentioned in this section within two (2) calendar days of the request.

In the event that the Carrier fails to comply with any of the provisions set forth in this clause, the Carrier shall be liable for any loss, damage or harm to Fr8App and its Clients during the contracted Service, taking into account the value of the merchandise and materials transported and the Carrier expressly waiving any liability limits, including but not limited to those set forth in article 66 of the Federal Law on Roads, Bridges and Federal Motor Transport.

Reporting Obligation - Theft

In case of theft, in addition to the documentation indicated in the previous point applicable to accidents and incidents, the Carrier must submit the following documentation to Fr8app within a period of no more than 24 (twenty-four) hours after the event has occurred:

Certified copy of the report filed with the appropriate Public Prosecutor's Office.
Kilometer readings from the monitoring system used by the Carrier.
Results of the polygraph test administered to the operator in question, with any personal information that could personally identify the operator omitted from said documentation.
Reliable Resource Registration, if applicable.
Photographs of the damaged vehicle, if possible, according to the following specifications:

Conditions of the transport
Conditions of the box
Conditions of the merchandise (if exposed or looted)
Complete photograph of the transport
Evidence of the transfer of merchandise
Completion of the transfer and photograph of the box where the merchandise was transferred.

Liability for Negligence

In the event of an accident, incident, or theft attributable to the Carrier, the Carrier will pay Fr8App 100% of the damages caused to Fr8app resulting therefrom.

An accident, incident, or theft will be considered attributable to the Carrier when:

It occurred due to or resulting from negligence, incompetence, fraudulent misconduct, bad faith, or non-compliance by the Carrier or its Operating Partner.
It occurred due to or resulting from Equipment failures attributable to the Carrier or lack of maintenance.
During the Service in which the incident or accident was reported, the Carrier or its operators failed to comply with traffic regulations and those applicable to communication routes.
During the Service in which the incident, accident, or theft was reported, the Carrier or its operators failed to comply with any of the provisions of this Security Protocol, including, but not limited to, those contained in the clauses of this Security Protocol.

The Carrier may request mitigating liability to the extent that it can demonstrate compliance with the incident and event instructions in this Safety Protocol.

Termination for Repeated Negligence

The Parties agree that in the event of repeated incidents such as seizures or theft of transported goods, Fr8app may terminate any contracts and service orders it deems appropriate immediately, without liability and without the need for a court order.

For the purposes of the foregoing, Fr8App need only send the Carrier written notice of the date on which the early termination is to take effect.

Communication Obligation

Obligation to React

Reporting Obligation - Accidents or Claims

Reporting Obligation - Theft

Liability for Negligence

Termination for Repeated Negligence

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