All rail shipments arriving at destinations in Mexico with loss of or damage to
the cargo are subject to the confronta process. The confronta process is a legal
requirement and condition precedent to recovery on any claim for freight loss and
damage in Mexico. A Confronta is a joint inspection by the destination rail carrier
in Mexico and the consignee wherein the available facts about loss or damage to
the cargo are noted and agreed upon. A confronta is not an admission of liability
or guarantee of payment by the rail carrier.
Consignees must notify the destination rail carrier of any loss or damage within
2 business days after the shipment is placed for unloading and prior to the completion
of unloading. This notification is a ‘demand for confronta’ and may be made via
telephone, telefax or email to the following contacts providing the information
on the attached form.
- KCSM may or may not decide to attend the confronta. Regardless
of that decision, once you have notified KCSM you have fulfilled your obligation.
If KCSM waives their right to confronta, your claim cannot be denied based on that
decision. Requests for Confronta must be made prior to unloading the cargo.
- If KCSM waives their right to inspect, ask for a copy
of the waiver.
- If KCSM elects to attend the confronta, make sure the
railcar and the freight are available and accessible to view and inspect. The carrier
will not pay to re-position the freight.
- Demurrage will be waived until the inspection is made
if KCSM exercises their right to attend confronta.
Click here to
see confronta instructions.
Click here to
see confronta request form.