All operations entrusted to us, regardless of the legal capacity in which we intervene, are, unless otherwise agreed, subject to the present general conditions.
Any commitment, request for shipment or order of any operation, implies from our customer the acceptance of these conditions which can derogate from the legislative and regulatory texts.
LOADING, WEDGING, STOWING
Regardless of the type of vehicle, loading, wedging and securing are the responsibility of the shipper who is liable for damage to the goods resulting from their faulty design or execution.
The client assumes full responsibility for the choice of vehicle and its consequences, taking into account the loading and unloading conditions and the nature of the goods.
When we act as a freight forwarder, our liability is strictly limited to that assumed by the subcontractors (carriers, freight forwarders, intermediaries, agents, etc.) to whom we turn for the execution of the operations entrusted to us. Our liability limits in road transport, for missing, damaged or polluted goods, are as follows (excluding sea, air and rail transport):
- Envois inférieurs à 3 tonnes
23 euros per kilo of gross weight of missing or damaged goods without being able to exceed 750 euros per lost, incomplete or damaged package.
- Shipments of 3 tons or more
14 euros per kilo of gross weight of missing or damaged goods without being able to exceed per lost, incomplete or damaged shipment a sum higher than the product of the gross weight of the shipment expressed in tons multiplied by 2 300 euros.
In any case, the maximum compensation is 57,168.38 euros per load, whatever the nature of the operation designated above; the compensation is reduced by one third when the principal imposes the destruction of the goods left behind or prohibits their salvage (decree N°01-1363 of 28 December 2001).
In any case, the payment of any compensation will be conditioned by the production of the corresponding original commercial invoice as proof of the damage suffered.
- The lowest of the limits is to be taken into account.
- These limits apply regardless of the legal status we borrow (commission agent, carrier, forwarding agent, contractor, handler, stock manager, etc…) this enumeration not being restrictive.
For the purpose of calculating the limitation, a package, in accordance with the provisions of article 2-3 of the new standard contract, shall be understood to mean an object or a set of objects composed of several objects, whatever their weight, dimensions and volume, constituting a unit load at the time of handing over to the carrier, even if the content is detailed in the transport document.
In this respect, the pallets handed over to the carrier constitute the unit loads defined above even if they are not strapped or wrapped.
8.33 SDRs per kilo of the missing or damaged gross weight, or approximately 9.91 euros per kilo in November 1998.
For all traffic, in case of delay, the compensatory indemnity that may be due as compensation for the justified damage may not exceed the amount of the price of transportation.
No insurance is taken out without a written and repeated order for each shipment. Our customers can obtain a higher guarantee which allows, subject to our liability, the repair of all justified material damages up to the declared amount.
In order to do so, we must receive an insurance application before the transport, exclusively by FAX or letter (a written order on the transport document is not sufficient), in order to be able to make the necessary arrangements with our own insurance company.
This order must indicate precisely the value, the nature and the risks of the goods.
PAYMENT OF INVOICES – PENALTY CLAUSE
Invoices are payable on the agreed terms.
The costs incurred for the execution of the work ordered, as well as those incurred for the conservation and protection of the Goods, are due in all cases, and no compensation may be deducted from the payment for the said work. Where, by way of exception, time limits or instalments are granted for payment, any partial payment shall first be applied to the non-preferential part of the claims. Failure to pay by one of the agreed instalments shall automatically and without formality lead to the disappearance of the instalments and the immediate payment of the balance. According to the law of 31.12.1992, any delay in payment within the stipulated time limits entails penalties which may not be less than one and a half times the legal interest rate. By express agreement and unless postponed by us, failure to pay for our supplies on the due date shall result in the payment of compensation equal to 15% of the sums due, in addition to the legal costs and interest referred to above, by way of penalty clause.
Fixed compensation for collection costs: 40 euros
Discounted cost: none
For any dispute, the Commercial Court of Bordeaux is the only competent court, even in the event of multiple defendants or the introduction of a guarantee