The structure Our fields of activity Our strengths A price quote Useful information Contact Join us Authorized Economic Operator N ° FR 00000390 Terms of Sales General Conditions of Sale governing the operations carried out by transport and / or logistics operators Article 1 - PURPOSE AND FIELD OF APPLICATION The purpose of these conditions is to define the terms of execution by a "Transport and / or logistics operator", hereinafter referred to as the LTO, for any reason whatsoever ( air freight agent, shipping agent, freight forwarder, freight broker, warehouse keeper, agent, stevedore, authorized or unauthorized customs brokerage service provider, forwarder, carrier, etc.), activities and services relating to the physical movement of consignments and / or the management of the flow of goods, packaged or not, of all kinds, from all sources, for all destinations, for a freely agreed price ensuring fair remuneration for services rendered, both domestically and internationally. Any commitment or operation whatsoever with "the transport and / or logistics Operator" implies acceptance, without any reservation, by the principal of the conditions defined below. Whatever the transport technique used, these conditions regulate the relationship between the principal and "the transport and / or logistics Operator". "The transport and / or logistics operator" performs the services requested under the conditions provided in particular in article 7 below. No particular condition or other general conditions issued by the principal can, except formal acceptance of the "Transport and / or logistics Operator", prevail over these conditions. Article 2 - DEFINITIONS For the purposes of these General Conditions, the following terms are defined as follows: 2-1. - CONTRACTOR: By principal, we mean the party who contracts the service with the transport and / or logistics Operator, or even with the Customs Broker. 2-2. - PACKAGE: By package, we mean an object or a material set made up of several objects, whatever the weight, the dimensions and the volume, constituting a unit load during the handing-over for transport (container, cage, crate, canteen, cardboard box, container, envelope, bundle, drum, package, strapped or wrapped pallet, roll, bag, suitcase, etc ...), conditioned by the sender before taking charge, even if the contents are detailed in the transport document. 2-3. -SEND: By shipment, we mean the quantity of goods, packaging and load support included, actually made, at the same time, available to the transport and / or logistics operator and whose movement is requested by the same donor. order for the same consignee from a single loading point to a single unloading point and listed on the same title. Article 3 - PRICE OF SERVICES 3.1. - Prices are calculated on the basis of the information provided by the principal, taking into account in particular the services to be performed, the nature, weight and volume of the goods to be transported and the routes to be taken. Quotations are established according to the currency rate at the time when said quotations are given. They also depend on the conditions and prices of the substitutes as well as the laws, regulations and international conventions in force. If one or more of these basic elements were modified after the quotation was reset, including by the substitutes of the OTL, in a manner opposable to the latter, and on the proof provided by the latter, the prices originally given would be modified under the same conditions. The same would apply in the event of an unforeseen event, whatever it may be, resulting in particular in a modification of one of the elements of the service. This concerns, among other things, the price of fuels, the variation of which must be taken into account, in accordance with the provisions of Articles L. 3222-1 and L. 3222-2 of the Transport Code. 3.2. - The prices do not include the duties, taxes, fees and taxes due in application of any regulations, particularly fiscal or customs (such as excise duties, import duties, etc.). 3.3. - The prices initially agreed are renegotiated at least once a year on the anniversary date of the contract. They are also revised in the event of significant variations in the charges of the OTL, charges which are most often due to conditions external to the OTL, such as in particular the price of fuels as stated in the previous paragraph (3.1.) . If the parties fail to agree on new pricing conditions, each of them may terminate the contract under the conditions defined in article 12 below. Article 4 - GOODS INSURANCE No insurance is taken out by the OTL without a written and repeated order from the principal for each shipment, specifying the risks to be covered and the values to be guaranteed. If such an order is given, the OTL, acting on behalf of the ordering party, takes out insurance with an insurance company known to be solvent at the time of coverage. In the absence of a precise specification, only ordinary risks (excluding war and strike risks) will be insured. Acting, in this specific case, as agent, the OTL can in no way be considered as an insurer. The conditions of the policy are deemed to be known and approved by the senders and recipients who bear the cost. A certificate of insurance will be issued, if requested. Article 5 - EXECUTION OF SERVICES The dates of departure and arrival possibly communicated by the OTL are given for information only. The principal is required to give the necessary and precise instructions to the OTL in good time for the performance of transport services and ancillary services and / or logistics services. The OTL does not have to verify the documents (commercial invoice, packing note, etc.) provided by the principal. All specific delivery instructions (cash on delivery, etc.) must be the subject of a written order repeated for each shipment and the express acceptance of the OTL In any event, such a mandate constitutes the accessory of the main service of transport and / or logistics service. Article 6 - OBLIGATIONS OF THE CLIENT 6.1. - Packaging and labeling: 6.1.1. - Packaging: The goods must be conditioned, packaged, marked or countermarked, so as to withstand transport and / or storage operation carried out under normal conditions, as well as the successive handling operations which necessarily occur during the course of these operations. It must not constitute a cause of danger for driving or handling personnel, the environment, the safety of transport vehicles, other goods transported or stored, vehicles or third parties. The client is solely responsible for the choice of packaging and its ability to withstand transport and handling. In the event that the client entrusts the OTL with goods that contravene the aforementioned provisions, he would be held solely responsible without recourse against the OTL for any damage of any kind that they may cause. 6.1.2 - Labeling: On each package, object or load carrier, clear labeling must be carried out to allow immediate and unequivocal identification of the sender, recipient, place of delivery and the nature of the goods. The information on the labels must correspond to those appearing on the transport document. 6.1.3. - Responsibility: The client is responsible for all the consequences of an absence, insufficiency or defect in the packaging, packaging, marking or labeling. 6.2. - Sealing: Complete trucks, semi-trailers, swap bodies, containers, once loading operations have been completed, must be sealed by the loader himself or by his representative. 6.3. - Reporting obligations: The principal is liable for all the consequences of a failure to comply with the obligation to inform and declare on the very exact nature and specificity of the goods when the latter requires special provisions, particularly in view of their value. and / or the lusts that it is likely to arouse, its dangerousness or its fragility. In addition, the client expressly undertakes not to hand over illicit or prohibited goods to the OTL (for example counterfeit products, narcotics, etc.). The client alone bears, without recourse against the OTL, the consequences, whatever they may be, resulting from declarations or documents that are erroneous, incomplete, inapplicable, or provided late, including the information necessary for the transmission of any summary declaration required by customs regulations, in particular for the transport of goods from third countries. 6.4. - Reserves: In the event of loss, damage or any other damage suffered by the goods, or in the event of delay, it is up to the recipient or the recipient to make regular and sufficient observations, to make justified reservations and in general to carry out all acts useful for the conservation of the remedies and to confirm the aforementioned reservations in the forms and the legal deadlines, failing which no action can be brought against the TLO or its substitutes. 6.5 - Refusal or default by the consignee: In the event of refusal of the goods by the consignee, as in the case of default by the latter for any reason whatsoever, all the initial and additional costs due and incurred on behalf of the goods will remain payable. the responsibility of the principal. 6.6. - Customs' formalities: If customs operations have to be carried out, the principal guarantees the customs broker against all financial consequences arising from incorrect instructions, unenforceable documents, etc. generally resulting in the liquidation of duties and / or additional taxes, fines, etc ... of the administration concerned. In the event of customs clearance of goods for the benefit of a preferential regime concluded or granted by the European Union, the principal guarantees to have carried out all due diligence within the meaning of the provisions of the Community Customs Code aimed at ensuring that all the conditions for the treatment of the preferential regime have been complied with. The principal must, at the request of the OTL, provide the latter, within the required period, with all information requested from him under the requirements of customs regulations. Failure to provide this information within this period has the effect of making the principal responsible for all the prejudicial consequences of this failure in respect of delays, additional costs, damage, etc. However, the quality rules and / or technical standardization of goods under the sole responsibility of the ordering party, it is his responsibility to provide the LTO with all documents (tests, certificates, etc.) required by the regulations for their circulation. The OTL does not incur any responsibility for the non-compliance of the goods with the aforesaid quality or technical standardization rules. The authorized customs broker clears customs under the mode of direct representation, in accordance with article 5 of the Community Customs Code. Article 7 - LIABILITY 7.1. - Liability for substitutes: The liability of the OTL is limited to that incurred by the substitutes within the framework of the operation entrusted to it. When the compensation limits for intermediaries or substitutes are not known or do not result from mandatory or legal provisions, they are deemed to be identical to those set in article 7.2 below. 7.2. - Personal liability of the Transport and / or Logistics Operator (OTL): The compensation limitations indicated below constitute the counterpart of the liability assumed by the OTL 7.2.1. - Losses and damages: In all cases where the personal liability of the OTL would be engaged, for any reason and for any reason whatsoever, it is strictly limited for all damage to the goods attributable to the transport operation by following losses and damages and for all the consequences that may result therefrom, at 17.25 € uros per kilogram of gross weight of goods missing or damaged without being able to exceed, whatever the weight, volume, dimensions, nature or value of the goods concerned, a sum greater than the product of the gross weight of the goods expressed in tonnes multiplied by 2,850 € uros with a maximum of 60,000 € uros per event. 7.2.2. - Other damages: For all other damages, including in the event of a duly noted delay in delivery, in the event that personal liability is incurred, the compensation due by the Transport and / or Logistics Operator is strictly limited to the price of the transport of the goods. (duties, taxes and miscellaneous costs excluded) or that of the service causing the damage, subject of the contract. This compensation may not exceed that due in the event of loss or damage to the goods. For all damage resulting from a failure to perform the logistics service, subject of the contract, the compensation due by the Logistics Operator, in the event that its personal liability is incurred, is strictly limited to the price of the service to the origin of the damage without being able to exceed a maximum of 60,000 € uros per event. In any case, the liability of the OTL may not exceed the amounts set above. 7.3. - Quotations: All quotations given, all ad hoc price offers provided, as well as general prices are established and / or published taking into account the limitations of liability set out above (7.1. And 7.2.) 7.4. - Declaration of value or insurance: The principal always has the option of subscribing a declaration of value which, fixed by him and accepted by the OTL, has the effect of substituting the amount of this declaration for the compensation ceilings indicated. above (Articles 7.1. and 7.2.1.). This declaration of value will result in an additional price. The principal may also instruct the LTO, in accordance with Article 4 (Insurance of goods), to take out insurance on its behalf, upon payment of the corresponding premium, specifying the risks to be covered and the values to be guaranteed. The instructions (declaration of value or insurance) must be renewed for each transaction. 7.5. - Special interest in delivery: The principal always has the option of making a declaration of special interest in the delivery which, fixed by him and accepted by the OTL, has the effect of substituting the amount of this declaration for the compensation ceilings indicated below. above (Articles 7.1 and 7.2.2.). This declaration will result in an additional price. The instructions must be renewed for each operation. Article 8 - SPECIAL TRANSPORT For special transport (transport in tanks, transport of indivisible objects, transport of perishable goods under controlled temperature, transport of live animals, transport of vehicles, transport of goods subject to special regulations, in particular the transport of dangerous goods, etc. .) The OTL provides the shipper with suitable equipment under the conditions which will have been defined beforehand by the principal. Article 9 - TERMS OF PAYMENT Services are payable in cash on receipt of the invoice, without discount, instead of their issue. The principal is always responsible for their payment. The unilateral imputation of the amount of the alleged damages on the price of the services due is prohibited. If payment terms are agreed, these may not, under any circumstances, exceed thirty days from the date of issue of the invoice for all services performed by freight forwarders and road freight carriers, as well as for all those carried out by shipping and / or air freight agents, customs brokers, freight brokers and freight forwarders in accordance with the provisions of article L.441-6 of the French Commercial Code. Any partial payment, on the agreed due date, will be charged in the first place to the non-privileged part of the receivables. The non-payment of a single installment will carry without formalities forfeiture of the term, the balance becoming immediately due even in the event of acceptance of bills. Penalties will be automatically applied in the event that amounts due are paid after the agreed payment date. These penalties which result from the mandatory provisions of article L.441-6 of the French Commercial Code will be applied in full. The due date for payment and the interest rate for late payment penalties appear on the invoice. Article 10 - CONVENTIONAL PENSION RIGHT Whatever the quality in which the OTL intervenes, the principal expressly recognizes a contractual right of pledge carrying right of retention and preferably general and permanent on all the goods, values and documents in the possession of the operator of transport, and this as a guarantee for all receivables (invoices, interest, costs incurred, etc.) that the OTL holds against it, even prior or unrelated to the operations carried out with regard to the goods, values and documents which are actually between his hands. Article 11 - PRESCRIPTION All actions to which the contract concluded between the parties may give rise are time-barred within one year from the performance of the disputed service of said contract and in matters of duties and taxes recovered a posteriori from the notification of the recovery. Article 12 - DURATION OF THE CONTRACT AND TERMINATION 12.1. - In the event that a contract of indefinite duration is concluded between the principal and the OTL which seals the lasting relationships that the parties wish to establish between them, this contract may be terminated at any time by either of them. the other party by sending a registered letter with acknowledgment of receipt with one month's notice when the time already elapsed since the start of performance of the contract does not exceed six months. The notice period is extended to two months when this time is greater than six months and less than one year. When the duration of the relationship is greater than one year, the notice period is increased to three months, to which is added one month per year of relationships followed beyond the period of two years, without being able to exceed a period of six months. 12.2. During the notice period, the parties undertake to maintain the economy of the contract. 12.3. In the event of serious or repeated, proven breaches by one of the parties to its commitments and obligations, the other party is required to send it, by registered letter with acknowledgment of receipt, a reasoned formal notice. If this remains ineffective within a period of one month, a period during which the parties can try to come together, the contract may be terminated definitively, without notice or compensation, by registered letter with acknowledgment of receipt. failure of the negotiation attempt. 12.4. All actions relating to the above provisions are prescribed within a period of one year in accordance with those referred to in Article 11 mentioned above (PRESCRIPTION). Article 13 - CANCELLATION - INVALIDITY In the event that any of the provisions of these General Terms and Conditions of Sale are declared null or deemed unwritten, all the other provisions will remain applicable. Article 14- ATTRIBUTIVE CLAUSE OF JURISDICTION In the event of a dispute or dispute, only the Courts of the Headquarters of the Transport and / or Logistics Operator are competent, even in the event of multiple defendants or warranty claims. Sitemap Legal Notice Terms of Sales English