Terms of Sales
Article 1 – OBJECT AND SCOPE
These terms are intended to govern the contractual relationship between a principal and a 'Transport operator and / or logistics'', hereinafter referred to as the O.T.L., the under any engagement or any operation in connection with the movement physical, by any mode of transport, and / or the natural or legal management stocks and flows of any goods, packed or not, from any source and for any destination and / or in connection with the management of all flows of materialized or dematerialized information. Definitions of terms and concepts used in these Terms and conditions are those standard contracts in force. These general conditions prevail over any other general or special conditions from the donor order. If conditions Specific agreed with the principal and in the silence of these latest, the terms and conditions continue to apply.
Article 2 – PRICE OF SERVICES
2.1 – Prices are calculated on the basis of information provided by the payer, taking particular account of services to be performed, of nature, weight, and the volume of the goods transport and routes to be taken. The ratings are determined by based on exchange rate at the time when said data quotes are. They are also based on the conditions and rates, as well as laws, regulations and international conventions. If one or many of these basic elements are modified after delivery of the listing, including substituted the O.T.L., so that binding latest, and based on evidence provided by it, the original quoted prices would be modified under the same conditions. It would be the same if unexpected event, whatever, causing such a change one of the service elements. 2.2 – Prices do not include rights, taxes, fees and taxes due in application of any particular tax or customs regulations. 2.3 – The price initially agreed are renegotiated at least once a year.
Article 3 – INSURANCE PRODUCTS
No insurance is underwritten by I'O.T.L. without an order written and repeated order for each shipment, specifying the risks to be covered and the values to guarantee. If such an order is given, l’O.T.L., acting to the payer's account, out insurance with a manifestly solvent insurance company at the time of coverage. failing precise specification, only ordinary risks (out war risks and strike) will be provided. speaker in this case as agent, l’O.T.L. can not be considered in any If such insurer. The conditions of the insurance policy are deemed known and approved by the senders and recipients who bear the cost. An insurance certificate will be issued, if requested.
Article 4 – PERFORMANCE OF SERVICES The starting dates and arrival may be communicated by the O.T.L. are given as purely indicative. The customer is required to give in due time necessary and specific instructions to O.T.L. for the execution of services transport and ancillary services and / or benefits logistics. The O.T.L. No verification the documents (commercial invoice, note de colisage, etc.) provided by the principal. all instructions special delivery (against reimbursement, value statement or insurance, Special interest in delivery, etc.) must be a written and repeated order for each shipment and express acceptance of the O.T.L.
Article 5 – OBLIGATIONS OF THE CLIENT
5.1 – Packaging and labeling:
5.1.1 – Packaging:
The goods must be packaged, packed, labeled or countermarked, in order to withstand transport and / or storing operation executed under normal conditions, as well as successive handling that necessarily occurs during of these operations. She does not should not constitute a danger for the conduct of personal or handling, the environment, Safety transport units, others transported or stored goods, vehicles or third parties. The customer responds only the choice of packaging and its ability to withstand transport and handling.
5.1.2 – labeling:
On each package, object or load bearing, a Clear labeling must be made to allow immediate identification and unequivocal sender, recipient, the place of delivery and the nature of the goods. The label information must match those on the transport document. The label must also satisfy any applicable regulations including those relating to dangerous products.
5.1.3 – Responsibility:
The customer responds to all consequences of failure, a failure or defect of the conditioning, Packaging, marking or labeling.
5.2 – sealing:
The trucks, semitrailers, The boxes mobile, containers, complete once the loading operation finished, are sealed by the shipper himself or by his representative.
5.3 – reporting requirements:
The customer responds to all consequences of a breach of the duty of information and reporting on the very precise nature and specificity of the goods when this last requires special, especially with regard to its value and / or desires it is likely to arouse, of his dangerousness or its fragility. This disclosure requirement also applies the statement of the gross mass checked for a container in accordance with the SOLAS. otherwise, the payer expressly agrees to do not provide the O.T.L. illegal or prohibited goods (for example counterfeit goods, narcotics, etc.). The customer support only, without appeal against the O.T.L., the results, whatever, resultant of false statements or documents, incomplete, inapplicable, or provided tardily, included in the information necessary for the transmission of any declaration required by customs rules, especially for transport of goods from third countries.
5.4 – stocks:
In case of loss, damage or any other damage to the goods, or in case of delay, it belongs to recipient or the receiving party shall regular findings and sufficient, to make reasoned exceptions and in general perform all useful procedures to preserve recourse and confirm said exceptions in the forms and legal delays, otherwise no action shall be exercised against the O.T.L. or substituted.
5.5 – Refusal or failure recipient:
In case of refusal of goods by the recipient, as in case of failure of the latter for any reason whatsoever, all initial and additional costs arising and incurred on behalf of the Goods remain the responsibility of the client.
5.6 – Customs' formalities:
If customs operations should be accomplished, the customer guarantees the customs representative of all financial consequences resulting from erroneous instructions, documents inapplicable, etc. causing generally a liquidation rights and / or taxes, blocking or seizure of goods, of the fines, etc. the administration concerned. If the clearance of goods for the benefit of a diet preferential entered into or granted by the European Union, the originator guarantee doing all procedures within the meaning of customs regulations to ensure that all the conditions for treatment regime Preferential were met. The payer must, on request of O.T.L., provide the latter, in the time required, any information here he evening réclamée au titre des exigences de the relative réglementation. The non-provision of such information in this time has the effect of making the customer responsible for all adverse effects of the breach under delays, additional costs, damage, etc. However, rules quality and / or technical standardization of goods which are the only responsibility of the originator, it is up to him to provide the O.T.L. all Documents (tests, certificates, etc.) required by the regulations for their traffic. L’O.T.L. no liability due to non-conformity of goods to those rules or quality standards technical. The customs representative clears in the mode of direct representation, in accordance with the article 18 the Union Customs Code.
5.7 – Delivery against payment:
The stipulation of a delivery against refund is not worth reporting value and therefore do not alter the rules for compensation for loss and damage as defined in Article 6 below.
Article 6 – RESPONSIBILITY:
In case of damage proved attributable to the O.T.L., it is liable only for damages that could be provided at the conclusion of the contract and who do not understand what is an immediate and direct consequence of the breach as defined in Articles 1231-3 and 1231-4 the Civil Code. These damages interests are strictly limited in accordance with the amounts fixed below. These allowances limitations listed below provide consideration for the liability assumed by O.T.L.
6.1 – Liability substituted:
Responsibility for the O.T.L. is limited to that incurred by substituted in the framework of the operation which it is entrusted. When the compensation limits substituted are not known, no or do not result from mandatory provisions, they are deemed to be identical to those specified in Article 6.2 below.
6.2 – Personal liability of the transport operator and / or Logistics (O.T.L.):
Except where OTL acts as carrier, the indemnity limits set below are the consideration for the liability assumed by the O.T.L.
6.2.1 – Losses and damages:
In all cases where liability the personal O.T.L. be committed, for any reason and in any capacity whether, it is strictly limited, for any damage to the goods attributable to any transaction as a result of losses and damages and all consequences thereof, at 2 € per kilogram of gross weight missing or damaged goods without exceeding, whatever the weight, volume, the dimensions, the nature or value of the goods concerned, an amount greater than the product of the gross weight of the goods in tonnes multiplied by 500 With a maximum of € 6.000 € per event.
6.2.2 – other damage:
For all other damages, including cases late delivery duly noted, if personal responsibility be committed, the reparation by O.T.L. is strictly limited to the price transport of the goods (rights, taxes and charges excluded) or that the provision causing the damage, object of the contract. This compensation may not exceed that which is due in case of loss or damage of commodity.
6.2.3 – Customs Responsibility :
Responsibility for the O.T.L. for all operation in customs and indirect contribution whether performed by him or by those of its subcontractors shall not exceed the sum 500 € by customs declaration, without exceeding 5.000 by € year of recovery and, in all cases, 10.000 € Notification recovery.
6.3 – OTL acting as carrier :
In cases where OTL moving under its own material and human resources the goods from one point to another, her responsibility will be that of the public cargo carrier with application of legal limitations own responsibility to each mode transport, legal limitations that prevail over the limitations Conventional under articles 6.2.1, 6.2.2.
6.4 – Quotes:
All price quotations, all offers provided for off price, and general rates are determined and / or published in view of the above limits of liability (6.1 and 6.2 and 6.3)
6.5 – Declaration of value or insurance:
The customer always has the option of subscribe worth statement, fixed by him and accepted by the O.T.L., to bend substituer pour le montant de cette déclaration aux plafonds of indéréglable indiqués us above (Articles 6.1, 6.2.1 and 6.3). This declaration of value will result in a surcharge. The customer can also give instructions O.T.L., in accordance with the article 3 (insurance merchandise), subscribe behalf insurance, through the payment of the corresponding premium, specifying the risks to cover him and values to be covered. The instructions (declaration of value or insurance) must be renewed for each surgery.
6.6 – Interest Special delivery:
The customer always has the option of make a special declaration of interest in delivery, attached by it and accepted by the O.T.L., the effect, in case of delay, to substitute the amount this statement to compensation limits specified above (Articles 6.1, 6.2.2 and 6.3). This statement will cause an additional price. The instructions must be renewed for each operation.
Article 7 – PAYMENT TERMS
7.1 – Benefits of Service are payable upon receipt of invoice, without discount, the place of issue thereof, and in any event, within that exceed 30 days from the date of issue. The payer is always guaranteeing their acquittal. In accordance with the article 1344 Code civil, the debtor is deemed to have been ordered to pay by the only enforceability of the obligation.
7.2 – The compensation unilaterally the amount of alleged damages on the price of services is prohibited.
7.3 – Any delay in the payment automatically entail, the day following the settlement date set on the bill, the accrual of default interest in an amount equivalent to interest rate applied by the European Central Bank (ECB) its operation latest refinancing increased by ten percentage points and set as further specified in Article L.441-6 paragraph 12 of the Commercial Code, and a fixed compensation for recovery costs amounting of 40 € D.441-5 following Article of the Commercial Code, and without prejudice to any necessary repairs, under the conditions of ordinary law, any other damage directly resulting from the delay. Any delay in payment prevail, informally, acceleration of any other debt held by the O.T.L. becomes immediately payable even in case of acceptance of effects.
7.4 – Any partial payment will be applied first to the unsecured part of the claim.
Article 8 – CONVENTIONAL LIEN AND RIGHT TO CONVENTIONAL PLEDGE
Whatever the capacity in which the O.T.L. intervenes, the payer expressly acknowledges that a lien conventional, binding on all, and a conventional lien on all the goods, assets and documents in possession of the O.T.L., and in guarantee all receivables (bills, interests, costs, etc.) the O.T.L. holds against him, prior to or outside the operations made with regard to goods, values and documents found actually in his hands.
Article 9 – PRESCRIPTION
All shares to which the contract the parties may give rise, whether for benefits principal or accessory, are prescribed in the period of one year from the implementation of the contested provision of the contract and, on rights and taxes recoverable post, from the notification of recovery.
Article 10 – CONTRACT DURATION AND TERMINATION
10.1 – If relationship established trading, either party may terminate it at any time, by sending registered letter with acknowledgment of receipt, subject to compliance with the following periods of notice : A (1) month when the duration of the relationship is less than or equal to six (6) month ; Two (2) month when the duration of the relationship is greater than six (6) months and up to a (1) an ; Three (3) month when the duration of the relationship is greater than a (1) year and up to three (3) years ; Four (4) month when the duration of the relationship is greater than three (3) years, plus a (1) week full year of trade relations, without exceeding a period maximum of six (6) month.
10.2 – During the prior notice, the parties undertake to keep the economy of the contract.
10.3 – In case of serious or repeated, proven, of one of the parties to its commitments and obligations, the other party is required to send it, by registered letter with reception, a demand driven. If this is ineffective in within a month, during which the parties may attempt to bring closer, it will be definitely end up with contract, without notice or allowance, by registered letter with acknowledgment of receipt acknowledging the failure of the attempt at negotiation.
Article 11 – CANCELLATION – invalid
Should any of the provisions of these Conditions of Sale is declared null or deemed not written, all other provisions remain applicable.
Article 12 – CLAUSE OF JURISDICTION In case of litigation or dispute, only the Courts of the Headquarters the transport operator and / or logistics (O.T.L.) are competent, even in cases of multiple defendants or collateral. These Conditions of Sale come into force on 1 January 2019 (1 January two thousand and nineteen).