ESI, LOGISTIQUE EVENEMENTIELLE, TRANSPORTS D’ŒUVRES D’ART & DEMENAGEMENTS
Logistique sur-mesure
ESI, LOGISTIQUE EVENEMENTIELLE, TRANSPORTS D’ŒUVRES D’ART & DEMENAGEMENTS
Logistique sur-mesure
All services are provided in accordance with our General Terms and Conditions of Sale, and the General Terms and Conditions of Sale “TLF” (Federation of Transport and Logistics Companies of France). Copies available upon request.
The purpose of these terms and conditions is to define the terms and conditions of performance by the agencies and subsidiaries of the ESI group, hereinafter referred to as the “Transport and/or Logistics Operator”, “OTL” or “ESI”, in any capacity whatsoever (air freight agent, shipping agent, freight broker, freight forwarder, warehousekeeper, agent, handler, approved or unapproved customs broker, freight forwarder, carrier, packer, etc.), activities and services relating to the physical movement of consignments and/or the management of the flow of goods, packaged or not, of all kinds, from all origins, to all destinations, for a freely agreed price ensuring a fair remuneration for the services rendered, both domestically and internationally.
Any commitment or operation whatsoever with the “Transport and/or Logistics Operator” constitutes acceptance, without any reservation, by the Client of the conditions defined below.
Regardless of the transport technique used, these terms and conditions govern the relationship between the Client and the “Transport and/or Logistics Operator”.
“The transport and/or logistics operator” shall provide the services requested under the conditions set out in particular in Article 7 below.
No special conditions or other general terms and conditions issued by the Client may, unless formally accepted by the “Transport and/or Logistics Operator”, take precedence over these conditions.
For the purposes of these General Terms and Conditions, the following terms are defined as follows:
The Client means the party that contracts the service with ESI or its subsidiaries as a Transport and/or Logistics Operator in any capacity whatsoever, including in particular as a Customs Broker.
A parcel is an object or a set of equipment composed of several objects, regardless of weight, dimensions and volume, constituting a unit load at the time of delivery for transport (bin, cage, crate, cardboard, container, envelope, burden, drum, pallet strapped or filmed by the client, roll, bag, suitcase, etc.), packaged by the sender before being taken over, even if the content is detailed in the transport document.
A consignment means the quantity of goods, including packaging and load carriers, actually made available at the same time to the transport and/or logistics operator and the movement of which is requested by the same principal for the same consignee from a single loading point to a single unloading place and listed on the same ticket.
3.1. Prices are calculated on the basis of the information provided by the client, 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 taken. Quotations are based on the currency rate at the time the quotations are given. They also depend on the conditions and tariffs of the substituted as well as on the laws, regulations, and international conventions in force. If one or more of these basic elements were to be modified after the quotation had been submitted, including by the substitutes of the O. T.L., in an enforceable manner against the latter, and on the evidence provided by the latter, the prices originally given would be modified under the same conditions. The same would apply in the event of an unforeseen event, whatever it may be, resulting in particular in a change in one of the elements of the service. This includes, among other things, the price of fuel, the variation of which must be taken into account, in accordance with the provisions of Articles L.3222-1 and L. 3222-2 of the Transport Code.
3.2. The prices do not include duties, taxes, fees and duties due under any tax or customs regulations (such as excise duties, import duties, etc.).
3.3. The prices initially agreed upon are renegotiated at least once a year on the anniversary date of the contract. They are also revised in the event of significant variations in the costs of the O. T.L., charges which are most often due to conditions external to the O. T.L., such as the price of fuels as mentioned in the previous paragraph (3.1.). If the parties are unable to agree on new tariff conditions, either of them may terminate the contract under the conditions set out in Article 12 below.
No insurance is taken out by the O.T.L. without a written and repeated order from the client for each shipment, specifying the risks to be covered and the values to be guaranteed.
If such an order is given, the O. T.L., acting on behalf of the principal, takes out insurance with an insurance company that is known to be solvent at the time of coverage. In the absence of precise specifications, only ordinary risks (excluding war and strike risks) will be insured.
Intervening, in this specific case, as an agent, the O.T.L. can in no way be considered as an insurer. The terms of the policy are deemed to be known and agreed upon by the senders and consignees who bear the cost. A certificate of insurance will be issued, if requested.
In addition, it is specified that with regard to goods and merchandise entrusted to the OTL for storage/warehousing services, present on the premises of the OTL or present on the premises of the substitutes of the OTL, the Client undertakes to subscribe on its own behalf all insurance covering, in particular, the risk of fire, explosion, lightning, natural disaster, storm, water damage, electrical damage and burglary (and related risks of the APSAD P13Bis form) that may damage their property and goods.
The Client therefore undertakes to waive and to obtain from its insurers and any owner of the goods and merchandise mentioned above, that they waive any recourse that they may be entitled to exercise against the OTL and its insurers in the event of the occurrence of a claim stipulated above.
Finally, as mentioned in the previous paragraph, insurance may be taken out, subject to a written and repeated order from the client and specifying for each storage/warehousing service the risks to be covered and the values to be guaranteed. The conditions of the policy are deemed to be known and approved by the principal, who bears the cost.
The departure and arrival dates that may be communicated by the O.T.L. are given for information purposes only. The client is obliged to give the necessary and precise instructions to the O.T.L. in good time for the performance of transport and ancillary services and/or logistics services. The O.T.L. does not have to check the documents (commercial invoice, packing note, etc.) provided by the client. All specific delivery instructions (cash on delivery, etc.) must be the subject of a written and repeated order for each shipment, and the express acceptance of the O. T.L.
In any event, such a mandate is only ancillary to the main transport and/or logistics service.
6.1.1. Packaging:
The goods must be packaged, packaged, marked or countermarked in such a way as to withstand transport and/or storage operations carried out under normal conditions, as well as the successive handling operations that necessarily take place during the course of these operations.
It must not constitute a cause of danger for driving or handling personnel, the environment, the safety of transport equipment, other goods 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.
In the event that the client entrusts the O.T.L. with goods that contravene the above-mentioned provisions, he will be held solely liable without recourse against the O.T.L. for any damage of any kind that they may cause.
6.1.2. Labelling:
On each parcel, object or load carrier, clear labelling must be carried out to allow immediate and unequivocal identification of the sender, the recipient, the place of delivery and the nature of the goods. The particulars on the labels must match those on the transport document.
6.1.3. Responsibility:
The Client shall be liable for all consequences of an absence, insufficiency or defect in the packaging, packaging, marking or labelling.
Full trucks, semi-trailers, swap bodies, containers, once the loading operations have been completed, must be sealed by the loader himself or by his representative.
The client shall be liable for all the consequences of a failure to comply with the obligation to inform and declare the very exact nature and specificity of the goods when the latter requires special provisions, in particular with regard to their value and/or the covetousness they are likely to arouse, their dangerousness or their fragility. In addition, the client expressly undertakes not to hand over illegal or prohibited goods (e.g. counterfeit goods, narcotics, etc.) to the TOR.
The client bears alone, without recourse against the O. T.L., the consequences whatsoever resulting from erroneous, incomplete, inapplicable, or late-submitted declarations or documents, including the information necessary for the transmission of any summary declaration required by customs regulations, in particular for the carriage of goods from third countries.
In the event of loss, damage or any other damage suffered by the goods, or in the event of delay, it is the responsibility of the recipient or receiver to make regular and sufficient observations, to take precise and reasoned reservations and in general to take all necessary steps to preserve the recourse and to confirm the said reservations in accordance with the legal forms and deadlines, failing which no action in warranty may be brought against the O.T.L. or its substitutes.
In the event of rejection of the goods by the consignee, as well as in the event of default by the consignee for any reason, all initial and additional costs due and incurred on behalf of the goods shall remain the responsibility of the client.
If customs operations are to be carried out, the client shall indemnify the customs broker against all financial consequences arising from incorrect instructions, unenforceable documents, etc. generally leading to the payment of additional duties and/or taxes, fines, etc.de the administration concerned.
In the event of customs clearance of goods benefiting from a preferential regime concluded or granted by the European Union, the Client guarantees that it has taken all due care within the meaning of the provisions of the Community Customs Code to ensure that all the conditions for the treatment of the preferential regime have been complied with.
The client must, on request, from the O. T.L., provide the latter, within the required period, with all the information requested from him in accordance with the requirements of the customs regulations. Failure to provide this information within this period has the effect of making the client liable for all the harmful consequences of this failure in terms of delays, additional costs, damages, etc.
However, as the rules of quality and/or technical standardization of the goods are the sole responsibility of the contractor, it is the responsibility of the contractor to provide the O.T.L. with all documents (tests, certificates, etc.) required by the regulations for their circulation. The O.T.L. shall not incur any liability for the non-conformity of the goods with the said quality or technical standardization rules.
The approved customs broker clears customs under the mode of direct representation, in accordance with Article 5 of the Community Customs Code.
The liability of the O.T.L. is limited to that incurred by the substituted persons in the context of the operation entrusted to it. Where the limits of compensation for intermediaries or substituted persons are not known or do not result from mandatory or legal provisions, they shall be deemed to be identical to those set out in Article 7.2. hereafter.
The limitations of indemnity set out below constitute consideration for the liability assumed by the O.T.L.
7.2.1. – Losses and damage:
In the event that the personal liability of the O.T.L. is engaged, for any reason and for any reason whatsoever, it is strictly limited:
7.2.2. – Other damages:
For all damage caused by the delay in delivery duly recorded, in the event that its personal liability is incurred, the compensation due by the O.T.L. is strictly limited to the price of transport of the goods (duties, taxes and various costs excluded), or to that of the service causing the damage, which is the subject of the contract. In no case may this compensation exceed that due in the event of loss or damage to the goods.
For all damage resulting from a failure to perform a service (in particular customs clearance, logistics service, etc.), which is the subject of the contract, the personal liability of the O. T.L., in the event that his personal liability is incurred, is strictly limited to the price of the service causing the damage, but may not exceed a maximum of 50,000 euros per event.
Under no circumstances shall the responsibility of the O. TL. may not exceed the amounts set out above.
All quotations given, all one-time price offers provided, as well as general rates are established and/or published taking into account the above limitations of liability (7.1. and 7.2.)
The client always has the option of signing a declaration of value which, fixed by him and accepted by the O. T.L., has the effect of substituting the amount of this declaration for the compensation ceilings indicated above (Articles 7.1. and 7.2.1.). This declaration of value will incur an additional price.
The client may also give instructions to the O. T.L., in accordance with Article 4 (Insurance of goods), to take out insurance on its behalf, in return for payment of the corresponding premium, specifying the risks to be covered and the securities to be guaranteed.
The instructions (declaration of value or insurance) must be renewed for each transaction.
The client always has the right to make a declaration of special interest in the delivery which, fixed by him and accepted by the O. T.L., has the effect of substituting the amount of this declaration for the compensation ceilings indicated above (Articles 7.1 and 7.2.2.).
This declaration will incur an additional price. The instructions must be renewed for each operation.
For special transport (transport in tanks, transport of indivisible objects, transport of perishable goods under controlled temperature, transport of live animals, transport of vehicles, transport of goods subject to special regulations, in particular the transport of dangerous goods, etc.), the O.T.L. provides the consignor with suitable equipment under the conditions previously defined by the client.
9.1. Services are payable in cash upon receipt of the invoice, without discount, at the place of issue. The client is always responsible for their acquittal. The unilateral deduction of the amount of the alleged damages from the price of the services due is prohibited.
9.2. If payment terms are granted, these may not, in any case, exceed three days from the date of issue of the invoice for all services performed by freight forwarders and road haulage carriers, as well as for all those performed by shipping and/or air freight agents, by customs brokers, freight brokers and freight forwarders in accordance with the provisions of Article L.441-6 of the French Commercial Code.
9.3. Any delay in payment shall automatically entail, on the day following the settlement date shown on the invoice, the payment of late payment interest in an amount equivalent to the interest rate applied by the European Central Bank to its most recent refinancing operation increased by 10 percentage points in accordance with the provisions of Article L 441-6 of the French Commercial Code, as well as a lump sum compensation for recovery costs in the amount of 40 euros in accordance with Article D 441-5 of the French Commercial Code, without prejudice to the possible compensation, under the conditions of ordinary law, of any other damage resulting from this delay.
9.4. Any partial payment on the agreed due date will be charged in the first instance against the non-preferential portion of the receivables. Failure to pay a single instalment will result in the forfeiture of the term without formality, the balance becoming immediately due even in the event of acceptance of bills.
Whatever the capacity in which the O.T.L. intervenes, the client expressly recognises that it has a contractual right of pledge entailing a general and permanent right of retention and preference over all goods, securities and documents in the possession of the transport operator, as security for all claims (invoices, interest, costs incurred, etc.). etc…) which the O.T.L. holds against him, even prior to or unrelated to the transactions carried out with regard to the goods, securities and documents which are actually in his hands.
All actions to which the contract concluded between the parties may give rise shall be time-barred within one year of the performance of the disputed performance of the said contract and, in respect of duties and taxes recovered a posteriori, from the notification of the adjustment.
12.1. In the event that a contract of indefinite duration is concluded between the client and the OTL which seals the lasting relations that the parties wish to establish between them, this contract may be terminated at any time by either party by sending a registered letter with acknowledgement of receipt with one month’s notice when the time that has already elapsed since the beginning of the performance of the contract is not more than Six months. The notice period is extended to two months when this period is more than six months and less than one year. When the duration of the relationship is more than one year, the notice period is increased to three months, to which is added one month per year of ongoing relations beyond the two-year period, but may not exceed a period of six months.
12.2. During the notice period, the parties undertake to maintain the economy of the contract.
12.3. In the event of proven serious or repeated breaches by one of the parties of its commitments and obligations, the other party is required to send it, by registered letter with acknowledgement of receipt, a reasoned formal notice. If this remains ineffective within the period of one month, during which time the parties may try to get closer, the contract may be definitively terminated, without notice or compensation, by registered letter with acknowledgement of receipt acknowledging the failure of the attempt at negotiation.
12.4. All actions relating to the above provisions shall be time-barred within one year in accordance with those referred to in Article 11 mentioned above (Statute of limitations).
In the event that any of the provisions of these General Terms and Conditions of Sale are declared null and void or deemed unwritten, all other provisions shall remain applicable.
In the event of a dispute or dispute, only the Courts of the Registered Office of the Transport and/or Logistics Operator shall have jurisdiction, even in the event of multiple defendants or third party claims.
In the event of a dispute or dispute, French law is applicable.
