La société de transport Gondrand est spécialisée dans le transport international multimodal, le transport national et la logistique.

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Conditions générales de vente en anglais

GONDRAND

General Terms and Conditions of Sale

 

Article 1 - SUBJECT MATTER AND DEFINITIONS

This text sets out to define the terms on which the services of the Transport and/or Logistics Operator (referred to as T.L.O.) may be provided, in any way whatsoever (agent, freight forwarder, customs broker, forwarding agent, carrier, logistic provider, warehouse keeper, etc.) concerning goods of any kind, from all sources, for all destinations, under either an internal or an international system.

The T.L.O. has been certified as an Authorized Economic Operator (A.E.O) since 2009.

Regardless of the transport technique used, these Terms of Sale shall govern relationships between the instructing party and the T.L.O., without prejudice to the application of international conventions in case of international road transport, air transport or maritime transport.

According to these General Terms and Conditions, the following terms shall have the meaning specified:

“THE INSTRUCTING PARTY”: the instructing party refers to the party who contracts with the T.L.O. and in some instances the customs broker.

 “SHIPMENT”: set of goods, either packed (pallets, containers, etc.) or not, actually placed, at the same time, in the hands of the T.L.O., and picked up on a single transportation document for the same shipping, to a single unloading place. 

 “PARCEL”: a parcel refers to an item or a range of equipment made of several items, whatever the weight, dimensions and volume, constituting a unit load which is handed over to the T.L.O. (cardboard box, box, container, bundle, roll, a pallet that would have either been roped up or packaged by the instructing party, etc.) conditioned by the sender before the coverage, even if the content is detailed in the transport document.  

 

Article 2 - ENFORCEABILITY

Neither special conditions nor other general conditions from the instructing party, shall, unless explicitly accepted by the T.L.O., prevail over these conditions. Giving the shipping order is worth approval, wholeheartedly, by the instructing party of these general Terms and Conditions

 

Article 3 - COST OF SERVICES

Prices are calculated on the basis of the information supplied by the customer, taking into account, in particular, the services to be performed, the nature, the gross weight and the volume of the goods to be transported and the routes to be taken.

Prices are quoted based on exchange rates in effect at the time they are given.

They shall also depend on the terms and rates set by the subcontractors and established by the existing laws, regulations and international conventions.

If one or more of these fundamental factors were to be modified once the quotation is received, and this also by the T.L.O’s substitute carriers, in a way that may be enforceable against the latter, and on the basis of evidence provided by it, the original quoted price should be modified under the same terms. The same would apply in case of unforeseen events, of any kind, that would lead to a modification of a key element in the service, together with the planned route of transport.

The agreed price might be revised in the event of a change in the cost of the fuel price, as provided for in articles L. 3222-1 and L. 3222-2 of the Transport Code.

Prices do not include:

- immobilization and storage charges as well as all other extra costs, unless expressly specified in the proposal,

- all duties, taxes, fees or charges that would be payable in application of any regulation, particularly fiscal or customs regulations (such as import duties, stamp duty, etc.).

 

Article 4 - INSURANCES

No insurance shall be taken out by the T.L.O. without a written order in duplicate from the instructing party for each shipping, specifying the risks to be covered (ordinary and specific) and the values to be guaranteed. Unless specifically specified otherwise, only ordinary risks shall be insured. If such a direction is given, the T.L.O., acting on behalf of the customer, shall take out an insurance contract with an insurance company which is known to be solvent for the period of cover. As the T.L.O. is acting as an agent in this specific case, it can, by no means, be considered to be an insurer.

The terms and conditions of the insurance policy shall be considered as known and approved by the shippers and the consignees, who shall bear the costs thereof. An insurance certificate shall be issued, if required, by the instructing party.

Any customer who personally covers all risks associated with transport shall specify to his insurance company that it is required pursuing his remedy against the T.L.O., according to the provisions of article 8 below.

 

Article 5 - SERVICES PERFORMANCES 

The customer is deemed to have accepted the intermediaries and subcontractors the T.L.O. has chosen.

Departure and arrival dates that may have been communicated by the T.L.O. are given for information purposes only.

The instructing party must provide the T.L.O. with the necessary and specific instructions that are required for the execution of the transport services, added services and/or logistic services. There is no need for the T.L.O. to check the documents (commercial invoice, packing note, etc.) the instructing party has provided.

All specific delivery instructions (cash on delivery, etc.) shall be written and duplicated for each consignment and need the express acceptance of the T.L.O. In any event, such an order is only incidental to the primary transport and/or logistics service being provided.

 

Article 6 - INSTRUCTING PARTY’S OBLIGATIONS

Goods must be handed over already packaged, packed, marked and labeled so that they can be carried out and delivered to the consignee in accordance with the instructions given to the T.L.O. and in normal conditions.

Packing:

The instructing party shall be solely responsible for the choice of packaging and for its fitness to bear the transport and handling.

Sealing:

Full trucks, semi-trailers, mobile crates, containers, once the loading operations are completed, shall be sealed by the loader himself or it representative. The driver must make sure of this before collecting the vehicle.

Reporting obligations:

The instructing party shall be liable for all consequences of any lack, inadequacy or defect of the packaging, packing, marking or labeling. He shall also be responsible for all consequences of any failure to perform the duty of information and declaration regarding the specific nature, and in some cases, the value as well as the specificity of the handed over goods. The foregoing deals, more particularly, with dangerous goods.

The instructing party shall bear alone any consequences of erroneous, incomplete, unenforceable or belated declarations or documents, including those submitted after the expiry of time limits.

Reserves:

In the event of any loss or damage to the goods, or of any delay, the consignee or receiver shall carry out all checks by means of regular and sufficient inspections; they shall express motivated reserves regarding the carrier. More generally, they shall take all the necessary steps to retain the claims and to confirm the mentioned reserves in the forms and within the time limits set down by law, or else no warranty claim shall be made against the T.L.O. or its representatives.

Customs formalities:

If customs transactions need to be completed by the T.L.O. on behalf of the customer, the instructing party shall hold the customs agent harmless against any financial consequences arising from erroneous instructions, unusable documents, or those submitted after the expiry of time limits leading generally to the payment of additional duties and/or extra taxes and fines issued by the public Authority concerned.

If the goods are refused by the consignee, and in the event of the latter’s failure for any reason, all initial and additional costs owed and incurred by the T.L.O. shall be borne by the instructing party.

 

Article 7 - TRANSIT TIMES

No compensation for damage resulting from delay shall be owed if no time limit has been expressly requested by the instructing party and agreed on by the T.L.O. In such a case, the allowance could be granted only if the customer has sent a summons to deliver to the T.L.O. via a registered letter with acknowledgment of receipt.

 

Article 8 - LIABILITY

Liability for substituted parties’ actions:

The T.L.O.’s liability is strictly limited to the liability incurred by the substituted parties in the framework of the operation he was conferred upon with.

When the compensation thresholds of intermediaries or substituted parties are unknown or do not result from absolute or legal provisions, they shall be the same as the T.L.O’s ones.

The T.L.O.’s personal liability:

If the T.L.O’s personal liability is involved, for any reason and in any capacity, it shall be strictly limited:

  • Concerning damages to the goods involved in the transport as a result of losses and damages and for any consequences resulting therefrom, to  € 23 per kilogram with a maximum of
    € 750 per parcel, whatever the weight, volume, sizes, nature or value of the respective goods, and € 8.000 per consignment. Concerning the packages that are shipped in bulk, the indemnity shall not exceed € 2.5 per kilogram of missing or damaged goods with a maximum of € 8.000 per consignment.

 

  • Concerning all other damages, whether direct or indirect (including those resulting from a delay in the delivery), the T.L.O’s personal liability shall be strictly limited to the cost of the goods under contract, and in any case, the amount of the indemnity may not exceed a maximum of € 8.000 per consignment.  

Any quotation, any occasional price offer and all general price lists are established and/or published based on the above-mentioned liability limitations.

When the value of the goods under contract exceeds the above-mentioned liability limitations, the instructing party may:

-        either bear, in the event of losses or damage, the difference between the T.L.O’s liability schemes and the value of the goods,

-        either issue a declaration of value which, once set by itself and agreed on by the T.L.O, shall increase the liability limitations in the event of losses or damage, up to the amount of the declaration of value and leading to a supplement to be paid,

-        or give clear information to the T.L.O., as provided for in article 4 of these Terms and Conditions about the fact that it can take out a personal insurance policy, specifying all risks and values to be insured. Such information shall be repeated for each consignment.

 

Article 9 - SPECIAL TRANSPORTS

Concerning special transports (controlled temperature transport, goods transport subject to a specific regulation including dangerous goods transport, etc.), the T.L.O shall provide the sender with suitable equipment, under predefined conditions by the instructing party, who shall be responsible for the choice of the mentioned equipment.

 

Article 10 - PAYMENT TERMS

All our invoices shall be payable CASH ON RECEIPT OF INVOICE, WITH NO DISCOUNT, in the invoice issuing place. If payment terms are exceptionally granted, any partial payment shall be attributed firstly to the non-preferential part of the debt.

In accordance with the conditions provided for in article L. 441-6, section 7 of the French Commercial Code, the agreed payment terms shall not exceed thirty days as from the invoice date.

Non-payment of one repayment shall lead, with no formalities, to an accelerated payment; the balance shall become immediately and fully payable, even in the case of acceptance of bill of exchange.

For any invoice that would be unpaid at the deadline date mentioned in the invoice, a penalty shall be automatically applied, corresponding to three times the basic interest rate as provided for in article
L. 441-6, section 8 of the French commercial Code, without prejudice to the application of a fixed compensation of at least € 40 for recovery costs.

 

Article 11 - CONTRACTUAL POSSESSORY LIEN

Whatever the capacity in which the T.L.O. acts, the instructing party shall formally acknowledge that the T.L.O has a contractual possessory lien providing a general, permanent and preferential right on all the goods, values and documents the T.L.O owns, to guarantee all claims debts (invoice, interests, incurred costs, etc.) that the T.L.O. has against it, even those which are prior or extraneous to the transactions completed with the goods, values and documents it actually holds.

The customs broker has the same right as the T.L.O.

 

Article 12 - CONTRACT TERM-TERMINATION

If the instructing party and the T.L.O. entered into a permanent contract, this contract may be terminated at any time by either party by a registered letter with acknowledgment of receipt, subject to one month notice, except in cases of serious and deliberate breach of legal and regulatory obligation by either Party.

When the duration of the partner relationship exceeds one year, the period of notice shall be extended to three months, plus one month per year of continuous relations after the two year period, not exceeding a period of six months.

 

Article 13 - PRESCRIPTION PERIOD

Other than Customs operation, all claims arising from the contract entered into by the parties shall be time barred within one year after the performance of the disputed service of the said contract and in terms of duties and taxes collected afterwards, starting from the recovery notification.

 

Article 14 - GOVERNING LAW AND LEGAL JURISDICTION

These Terms and Conditions are governed by French law.

In the event of a dispute or contestation, exclusive authority shall be granted to the Tribunal de commerce of Paris, even in the event of plurality of defendants or of the introduction of third parties.

 

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