General Conditions of Sale
Article 1 - OBJECT AND scope Of APPLICATION
These terms and conditions are intended to govern the contractual relationship between a customer and an Operator of transportation and/or logistics', hereinafter referred to as the O. T. L. in respect of any undertaking or transaction in connection with the physical displacement, by any mode of transport, and/or the management of physical or legal stocks and flows of any goods, packaged or not, any from and to any destination and/or in connection with the management of all information flows materialized or dematerialized.
Definitions of terms and concepts used in these general terms and conditions are those of the contracts in force.
These general terms and conditions prevail over any other general or special conditions from the client.
In case of particular conditions agreed with the client and in the silence of the past, the general conditions shall continue to apply.
The client or any agent of replacing it acknowledges having read prior to the acceptance of this quotation, of the General Conditions of Sale available on our website http://expressdaryline.com and have expressly accepted.
These Terms and conditions of Sale, including the clause conferring jurisdiction, are an integral part of the contractual relationship.
Article 2 - PRICE AND BENEFITS
2.1 – The prices are calculated on the basis of the information provided by the client, taking into account in particular of the services to be performed, the nature, weight and volume of the goods to be transported and the routes. Ratings are calculated based on the currency rate at the time the quotations are given. They are also a function of the conditions and tariffs of the subcontractors, as well as laws, regulations and international conventions in force. If one or more of these basic elements are modified after the quotation, including by agents of the O. T. L., and enforceable against the latter, and on the evidence reported by the latter, the price initially given shall be modified in the same conditions. The same would be true in the case of an unforeseen event, whatever it may be, leading to a modification of one of the elements of the service.
2.2 – The price does not include duties, taxes, fees, and taxes due pursuant to any regulations including tax or customs.
2.3 – The price originally agreed upon shall be renegotiated at least once per year.
Section 3 - INSURANCE OF MERCHANDISES
No insurance is taken out by The O. T. L. without a written and repeated order of the principal for each shipment indicating the risks to be covered, and the values to be insured.
If such an order is given, O. T. L., acting for the account of the ordering party, shall take out an insurance policy with an insurance company creditworthy at the time of the coverage. In the absence of specification, only ordinary risks (excluding war risks and strike) will be provided.
Involved in this case as the agent, the O. T. L. can be considered in any case as the insurer. The terms and conditions of the insurance policy are deemed to be known and approved by the senders and the recipients who will bear the cost. A certificate of insurance will be issued, if it is requested.
Article 4 - RUN BENEFITS
The dates of arrival and departure may be communicated by the O. T. L. are purely indicative. The client is obliged to provide in due time the necessary and specific instructions to the O. T. L. for the performance of the transport services and ancillary services and/or logistics services.
The O. T. L. does not have to check the documents (commercial invoice, packing list, etc) provided by the client.
Any specific instructions relating to the delivery (cash on delivery, declaration of value or insurance, special interest in delivery, etc) must be the subject of a written order and repeated for each shipment and express acceptance of the O. T. L.
Article 5 - OBLIGATIONS OF the DONOR OF ORDERS
5.1 – Packaging and labelling:
5.1.1 – Packaging:
The goods must be packaged, packed, marked or countermarked in such a way as to withstand transport and/or storage operations performed under normal conditions, as well as the successive handling, which necessarily occur during the course of these operations.
It should not be a cause of danger to personal conduct or handling, the environment, the safety of transport equipment, other goods being 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.
5.1.2 – Labelling:
On each package, object or load support, a clear labelling should be provided to allow immediate identification and unambiguous indication of the sender, the recipient, place of delivery and the nature of the goods. The statements on the labels should match those shown on the transport document. The labeling must also satisfy any applicable regulations including those relating to hazardous products.
5.1.3 – Responsibility:
The customer shall be liable for all the consequences of a lack of, or inadequacy or defect in the packing, packaging, marking or labelling.
Trucks, semi-trailers, swap bodies, containers, complete, once the loading operations are completed, are sealed by the shipper himself or by his representative.
5.3 – reporting Obligations:
The customer shall be liable for all the consequences of a breach of the duty of information and reporting on the very exact nature and specificity of the goods when the latter requires special provisions, in particular with regard to its value and/or to the lusts that it is likely to lead to, his dangerousness or of its fragility. This reporting requirement also applies to the declaration of the gross mass of verified container in accordance with the SOLAS Convention. Furthermore, the client expressly undertakes not to submit to the O. T. L. in illicit goods or prohibited (for example, counterfeit goods, narcotics, etc).
The ordering party shall be alone, without recourse against the O. T. L., the consequences, whatever they are, resulting from statements or documents, inaccurate, incomplete, inapplicable or late, including information necessary for the transmission of any return required by the customs legislation, in particular for the transport of goods from third countries.
5.4 – Reserves:
In the event of loss, damage or any other damage sustained by the goods, or in the event of a delay, it belongs to the recipient or to the recipient to proceed to the findings of regular and sufficient, take reservations and in general to perform all the acts required for the conservation of appeal and to confirm such reserves in the forms and the legal deadlines, failing which no action may be brought against the O. T. L. or its subcontractors.
5.5 – Refusal or failure by the recipient:
In case of refusal of the goods by the recipient, as in the case of the latter's failure for any reason whatsoever, all initial and additional expenses due and are incurred for the account of the goods, including storage fees and demurrage of containers, will be borne by the ordering party.
The refusal or failure on the part of the consignee or the party notified of arrival of the goods, to take delivery and / or in the event of damage to minimize losses by taking all necessary measures so that the damage and damage exist, they are compounded, constitutes a waiver of the part of the recipient and the party notified of arrival of the goods against the O. T. L for all claims or action relating to the goods, and /or the transport service.
5.6 customs Formalities:
If customs operations need to be performed, the client guarantees the customs representative of any financial consequences arising out of erroneous instructions, inapplicable documents, etc, generally leading to a payment of duties and/or additional taxes, a blockage or seizure of goods, fines, etc, to the authority concerned.
In the case of customs clearance of goods for the benefit of a preferential arrangement entered into or granted by the european Union, the buyer warrants that it has taken all steps within the meaning of the regulation of customs to ensure that all the conditions for the preferential status have been met.
The client must, at the request of the O. T. L., furnish it, in the required time, all information will be requested in respect of the requirements of the customs regulations. The non-provision of such information in this delay has the effect of making responsible to the client for any harmful consequences of the breach of obligations in respect of delays, additional costs, damage, etc
However, the rules of quality and/or technical standardization of goods falling under the sole responsibility of the ordering party, it is his responsibility to provide the O. T. L. all documents (tests, certificates, etc.) as required by the regulations for the circulation. The O. T. L. does not incur any liability as a result of the non-conformity of the goods to such rules of quality or technical standardization.
The customs representative to clear the form of direct representation, in accordance with article 18 of the Customs Code of the Union.
5.7 – cash on Delivery:
The stipulation of delivery for a refund is not worth a declaration of value and therefore does not alter the rules of compensation for loss and damage as defined in article 6 below.
Article 6 - LIABILITY AND LIMITATIONS REPAIR
The responsibility of the organiser of transportation will be first limited only to the repair of an injury proved and, solely on the basis of material harm intended and foreseeable at the date of issuance of the contract, and in accordance with the provisions of the articles 1231-3 and 1231-4 of the civil Code.
6.1 – Liability substituted:
The responsibility of the O. T. L. for loss or damage to the goods entrusted to you is limited to the liability incurred legally by its Subcontractors within the scope of the operation is entrusted to him, as it is a result of legal or regulatory provisions mandatory.
When the limits of compensation to intermediaries or subcontractors are not known or are not the result of mandatory or legal provisions, the liability of the O. T. L. the fact of its subcontractors is limited to an amount equivalent to 14 euros per kilogram of the gross weight of goods missing or damaged, not exceeding a sum in excess of 2,500 euros.
6.2 – Exclusion of liability of the’O. T. L. for personal misconduct:
6.2.1 – Loss and damage:
In the event of loss or damage of goods during transit, the purchaser hereby expressly waives all recourse against the O. T. L. for any personal faults of the O. T. L. except willful misconduct or gross negligence. By mistake inexcusable, refers to any act or omission recklessly committed with the knowledge that damage would probably result.
If, however, the personal fault of the O. T. L. is likely to be committed, it will be limited to 14 euros per kilogram of the gross weight of goods missing or damaged, not exceeding a sum greater than the gross weight of the goods, expressed in tonnes multiplied by 2.300 euros, with a maximum of 15,000 euros per shipment.
6.2.2 – Delays:
In case of delay in delivery which is personally responsible for the O. T. L., repairs will be limited to the price of the delivery (fees, taxes and various expenses excluded), without exceeding the amount of 2,500 euros.
6.2.3 – consequential Damages and loss of business:
Except in the event of a delay, regardless of the basis on which the liability of the O. T. L. is required, no compensation can be obtained due to loss or consequential damages and/or commercial, direct or indirect, and, more generally, all damages and interests.
6.3 – Declaration of value:
The client always has the option of subscribing to a declaration of value, set by it and accepted in writing by the O. T. L., has the effect of substituting the amount of this declaration, to the limits of indemnity specified above. This declaration of value will result in a surcharge.
The client may also give instructions to the O. T. L., to take out insurance on its behalf, subject to the payment of the corresponding premium, indicating the risks to be covered, and the values to be insured. Such requests must be confirmed in writing by the O. T. L.
The instructions (declaration of value or insurance) must be renewed for each operation.
6.4 special Interest in delivery:
The client always has the option of making a declaration of a special interest in delivery, set by it and subject to written acceptance by the O. T. L., has the effect of substituting the amount of this declaration, to the limits of indemnity specified above. This declaration will result in a surcharge. The instructions must be renewed by the customer and accepted in writing by the O. T. L. for each operation.
6.5 – Responsibility for customs:
The responsibility of the O. T. L. for any transaction in respect of customs or indirect contribution that it is performed by him or by those of its subcontractors shall not exceed the sum of € 5,000 per customs declaration, without being able to exceed 50,000 € per year of recovery and, in any event, to 100.000 € by notice of recovery.
6.6 – Rating:
All quotations given, all offers of a one-off price are provided, as well as the general rates are established and/or published, taking into account the limitations of liability set out above.
Article 7 - PAYMENT terms and CONDITIONS
7.1 – The invoice issued by the O. T. L. are payable in cash upon receipt of the invoice, without discount, at the place of the issuance thereof, and in any event within a period not exceeding 30 days from the date of issuance. The principal is always liable for their payment. In accordance with article 1344 of the civil Code, the debtor is deemed to have been given notice to pay only by the payment of the obligation.
7.2 Unilateral offsetting the amount of alleged damages on the price of the services owed is prohibited.
7.3 – Any delay in payment shall ipso jure, the day following the settlement date of the invoice until the date of receipt of full payment, the payment of penalties for delay; the applicable rate is 1.5% monthly and fixed according to the conditions defined in article L. 441-6, paragraph 12 of the Code of commerce, as well as a lump-sum compensation for recovery costs in the amount of € 40 following article D. 441-5 of the French commercial Code, without prejudice to compensation, if any, in the conditions of common law, any other damage resulting directly from the delay. These late-payment interest is due until the extinction of the debt.
Any delay of payment will prevail, without formalities, shortening the term of any other debt held by the O. T. L. which becomes immediately due and payable even in the event of acceptance effects.
7.4 – Any partial payment shall be applied firstly to the unsecured part of the debt.
Article 8 - the RIGHT OF RETENTION on CONVENTIONAL AND CONVENTIONAL RIGHT OF PLEDGE
Regardless of the capacity in which the O. T. L. intervenes, the instructing party expressly recognize a right of retention treaty, binding on all, and a right of pledge on all goods, valuables and documents in the possession of the O. T. L., and guarantee all of the receivables (invoices, interest, costs incurred, etc) that the O. T. L. holds against him, even prior to or outside of the operations performed in relation to the goods, values and documents which are in his hands.
Article 9 - a PRESCRIPTION
All actions against the O. T. L. arising from the contract concluded between the parties can give rise either to the main or accessory, are prescribed in the period of one year.
This short period of time as of the execution of the service at issue, or accessory, and, in terms of duties and taxes collected retrospectively from the date of notification of the recovery.
However, all the action of the O. T. L. against its contractors will be subject to the limitation period applicable to the place of the domicile of the latter without that it could not be, however, less than a year.
Article 10 - TERM OF CONTRACT AND TERMINATION
10.1 – In case of an established business relationship, each party may terminate it at any time, by sending a registered letter with acknowledgement of receipt, subject to the notice periods following :
- One (1) month when the duration of the relationship is less than or equal to six (6) months ;
- Two (2) months when the duration of the relationship is greater than six (6) months and less than or equal to one (1) year ;
- Three (3) months when the duration of the relationship is greater than one (1) year and less than or equal to three (3) years ;
- Four (4) months when the duration of the relationship is greater than three (3) years plus one (1) week for each complete year of commercial relations, without being able to exceed a maximum duration of six (6) months.
10.2 – During the notice period, the parties undertake to maintain the economy of the contract.
10.3 – In cases of serious or repeated proven one of the parties to its commitments and its obligations, the other party shall send, by registered letter with acknowledgement of receipt, a notice stating the reasons. If it remains without effect in the period of one month, during which period the parties may attempt to get closer, it can be put a definitive end to the contract, without notice or compensation, by registered letter with acknowledgement of receipt, acknowledging the failure of the attempt at negotiation.
Section 11 - CANCELLATION DISABILITY
In the event that any provisions of these Conditions of Sale be declared null or void, all other provisions shall remain enforceable.
Article 12 - applicable JURISDICTION AND APPLICABLE LAW
This agreement shall be governed by the rules of French law.
In case of dispute, the court of commerce headquarters is competent even in case of plurality of defendants and of guarantee, unless the O. T. L. prefers to enter the court of the registered office of the ordering party.