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Article 1 \u2013 PURPOSE AND SCOPE<\/p>\n
These general terms and conditions govern the contractual relationship between a client (the \u201cPrincipal\u201d) and a \u201cTransport and\/or Logistics Operator\u201d (hereinafter referred to as the \u201cT.L.O.\u201d), for any commitment or operation relating to the physical movement, by any mode of transport, and\/or the physical or legal management of inventories and flows of any goods, whether packaged or not, from any origin and to any destination, and\/or relating to the management of any materialized or dematerialized information flows.<\/p>\n
The definitions of the terms and concepts used in these general terms and conditions are those set out in the standard contracts in force.<\/p>\n
These general terms and conditions prevail over any other general or specific terms issued by the Principal.<\/p>\n
In the event of specific terms agreed with the Principal and in the absence of provisions therein, these general terms shall continue to apply.<\/p>\n
Article 2 \u2013 PRICING OF SERVICES<\/p>\n
2.1<\/p>\n
Prices are calculated based on 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 used. Quotations are established according to exchange rates at the time they are issued. They are also based on the conditions and rates of subcontractors, as well as applicable laws, regulations, and international conventions. If one or more of these elements change after the quotation has been issued, including by subcontractors, in a manner binding upon the T.L.O. and upon proof thereof, the initially quoted prices shall be adjusted accordingly. The same applies in the event of any unforeseen circumstance leading to a change in one of the service components.<\/p>\n
2.2<\/p>\n
Prices do not include duties, taxes, charges, or levies payable under any regulation, particularly fiscal or customs regulations.<\/p>\n
2.3<\/p>\n
The initially agreed prices shall be renegotiated at least once a year.<\/p>\n
Article 3 \u2013 INSURANCE OF GOODS<\/p>\n
No insurance is taken out by the T.L.O. without a written and repeated order from the Principal for each shipment, specifying the risks to be covered and the values to be insured.<\/p>\n
If such an order is given, the T.L.O., acting on behalf of the Principal, shall take out insurance with a solvent insurance company at the time of coverage. In the absence of specific instructions, only ordinary risks (excluding war and strike risks) will be covered.<\/p>\n
Acting in this capacity as an agent, the T.L.O. cannot be considered an insurer. The terms of the insurance policy are deemed known and accepted by the shippers and consignees, who bear the cost. An insurance certificate will be issued upon request.<\/p>\n
Article 4 \u2013 PERFORMANCE OF SERVICES<\/p>\n
Any departure and arrival dates communicated by the T.L.O. are indicative only. The Principal must provide timely, accurate instructions necessary for the execution of transport, ancillary, and\/or logistics services.<\/p>\n
The T.L.O. is not required to verify documents (commercial invoice, packing list, etc.) provided by the Principal.<\/p>\n
Any specific delivery instructions (cash on delivery, declaration of value or insurance, special delivery interest, etc.) must be subject to a written and repeated order for each shipment and expressly accepted by the T.L.O.<\/p>\n
Article 5 \u2013 OBLIGATIONS OF THE PRINCIPAL<\/p>\n
5.1 Packaging and Labeling<\/p>\n
5.1.1 Packaging<\/p>\n
Goods must be packaged, wrapped, marked, or labeled in such a way as to withstand transport and\/or storage operations carried out under normal conditions, as well as successive handling operations.<\/p>\n
They must not pose a danger to personnel, the environment, transport equipment, other goods, vehicles, or third parties.<\/p>\n
The Principal is solely responsible for the choice of packaging and its suitability for transport and handling.<\/p>\n
5.1.2 Labeling<\/p>\n
Each package, item, or load unit must be clearly labeled to allow immediate identification of the shipper, consignee, delivery location, and nature of the goods. The labeling must match the transport documents and comply with all applicable regulations, particularly those relating to hazardous goods.<\/p>\n
5.1.3 Liability<\/p>\n
The Principal is responsible for all consequences arising from inadequate or defective packaging, marking, or labeling.<\/p>\n
5.2 Sealing<\/p>\n
Vehicles, trailers, swap bodies, and containers must be sealed by the shipper or its representative once loading is complete.<\/p>\n
5.3 Declaration Obligations<\/p>\n
The Principal is responsible for providing accurate information regarding the nature and specific characteristics of the goods, particularly where special provisions are required due to value, attractiveness, danger, or fragility.<\/p>\n
This includes the verified gross mass of containers in accordance with the SOLAS Convention.<\/p>\n
The Principal undertakes not to entrust the T.L.O. with illegal or prohibited goods (e.g., counterfeit goods, narcotics).<\/p>\n
The Principal bears all consequences resulting from incorrect, incomplete, or late declarations or documentation.<\/p>\n
5.4 Reservations<\/p>\n
In the event of loss, damage, or delay, the consignee must make proper observations, express justified reservations, and comply with legal formalities. Otherwise, no claim may be brought against the T.L.O.<\/p>\n
5.5 Refusal or Default of Consignee<\/p>\n
If the consignee refuses the goods or fails to take delivery, all costs shall remain the responsibility of the Principal.<\/p>\n
5.6 Customs Formalities<\/p>\n
The Principal guarantees the customs representative against all financial consequences resulting from incorrect instructions or documentation.<\/p>\n
The Principal must ensure compliance with preferential customs regimes and provide all required information.<\/p>\n
The customs representative acts under direct representation in accordance with Article 18 of the Union Customs Code.<\/p>\n
5.7 Cash on Delivery<\/p>\n
Cash on delivery does not constitute a declaration of value and does not affect compensation rules.<\/p>\n
Article 6 \u2013 LIABILITY<\/p>\n
In the event of proven damage attributable to the T.L.O., liability is limited to foreseeable damages directly resulting from non-performance under Articles 1231-3 and 1231-4 of the French Civil Code.<\/p>\n
6.1 Liability for Subcontractors<\/p>\n
The T.L.O.\u2019s liability is limited to that of its subcontractors.<\/p>\n
6.2 Personal Liability of the T.L.O.<\/p>\n
6.2.1 Loss or Damage<\/p>\n
Compensation is limited to \u20ac20 per kilogram of gross weight, not exceeding \u20ac5,000 per ton and \u20ac60,000 per event.<\/p>\n
6.2.2 Other Damages<\/p>\n
Compensation is limited to the transport price and cannot exceed compensation for loss or damage.<\/p>\n
6.2.3 Customs Liability<\/p>\n
Limited to \u20ac5,000 per customs declaration, \u20ac50,000 per year, and \u20ac100,000 per reassessment notice.<\/p>\n
6.3 Quotations<\/p>\n
All quotations are based on these liability limits.<\/p>\n
6.4 Declaration of Value or Insurance<\/p>\n
The Principal may declare a value or request insurance, resulting in additional charges.<\/p>\n
6.5 Special Delivery Interest<\/p>\n
A special delivery interest may be declared, leading to higher compensation limits and additional cost.<\/p>\n
Article 7 \u2013 PAYMENT TERMS<\/p>\n
7.1<\/p>\n
Invoices are payable upon receipt, within a maximum of 30 days.<\/p>\n
7.2<\/p>\n
Unilateral offsetting of claims is prohibited.<\/p>\n
7.3<\/p>\n
Late payments incur penalties based on ECB rates plus 10 points and a \u20ac40 recovery fee.<\/p>\n
7.4<\/p>\n
Partial payments are applied first to unsecured debts.<\/p>\n
Article 8 \u2013 LIEN AND PLEDGE RIGHTS<\/p>\n
The T.L.O. has a contractual lien and pledge over goods, values, and documents in its possession to secure all outstanding debts.<\/p>\n
Article 9 \u2013 LIMITATION PERIOD<\/p>\n
All claims are time-barred after one year from the execution of the service.<\/p>\n
Article 10 \u2013 TERM AND TERMINATION<\/p>\n
10.1<\/p>\n
Either party may terminate the relationship with notice depending on its duration (1 to 6 months).<\/p>\n
10.2<\/p>\n
The contract must be maintained during the notice period.<\/p>\n
10.3<\/p>\n
In case of serious breach, termination may occur without notice after formal notice remains ineffective.<\/p>\n
Article 11 \u2013 NULLITY<\/p>\n
If any provision is declared invalid, the remaining provisions remain applicable.<\/p>\n
Article 12 \u2013 JURISDICTION<\/p>\n
In case of dispute, only the courts of the T.L.O.\u2019s registered office shall have jurisdiction.<\/p>\n
These General Terms and Conditions of Sale of the Union of Transport and Logistics Companies of France (T.L.F.) were published on January 1, 2017.<\/p>\n
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Article 1 \u2013 PURPOSE AND SCOPE These general terms and conditions govern the contractual relationship between a client (the \u201cPrincipal\u201d) and a \u201cTransport and\/or Logistics Operator\u201d (hereinafter referred to as the \u201cT.L.O.\u201d), for any commitment or operation relating to the physical movement, by any mode of transport, and\/or the physical or legal management of inventories and flows of any goods, whether packaged or not, from any origin and to any destination, and\/or relating to the management of any materialized or dematerialized information flows. The definitions of the terms and concepts used in these general terms and conditions are those set out in the standard contracts in force. These general terms and conditions prevail over any other general or specific terms issued by the Principal. In the event of specific terms agreed with the Principal and in the absence of provisions therein, these general terms shall continue to apply. Article 2 \u2013 PRICING OF SERVICES 2.1 Prices are calculated based on 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 used. Quotations are established according to exchange […]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"class_list":["post-987615734","page","type-page","status-publish","hentry"],"yoast_head":"\n