Common use of Inspection of the Freight Clause in Contracts

Inspection of the Freight. KCSM reserves the right to verify the truthfulness and accuracy of the Specifications declared by the User, through inspections to the Freight as deemed convenient, pursuant to the provisions of Article 591, Section V of the Commerce Code reserving equally the right to deny transportation of the Freight which inspection was not allowed or not corresponding to the Specifications declared by the own User and to collect from the User the Service Rate relevant to the Freight actually transported, which Specifications were not those indicated by the User in the Service Request. Likewise, in case KCSM deems the Freight does not correspond to the Specifications or considers that the transportation is jeopardized, it may refuse to provide the Services without any liability. In case the User rejects the inspection of the Freight, KCSM will be free from any liability and not bound to provide the Service. The foregoing obligation is regardless of the authorizations of the competent authorities to inspect the Freight at any time during the transportation in any point of the Route, including the Points of Origin and Destination. Likewise, the User may pursuant to the Rules of Application of the Various Service Rate request KCSM the revision of the Freight in which case the User will be liable for the relevant costs pursuant to the Various Service Rate in effect of KCSM.