Terms and conditions
FEDERATION DES ENTREPRISES DE TRANSPORT ET LOGISTIQUE DE FRANCE TLF
conditions general of sale mo freight transport services governing the operations performed by the operators of transport and / or of logistics
regissant les operations effectuees par les operateurs de transport et/ou de logistique
Article 1 - OBJET ET DOMAINE D'APPLICATION
article 1 - object and domain of application the present conditions have for object of define the modalities of execution by one "operator of transport and / or of logistics", this-after called the o.t.l., To some title that this either (agent of freight air, agent maritime, commissionnaire of transport, broker of freight, entrepositaire, agent, packer, provider commissionnaire in customs approved or no, forwarding agent, carrier, etc.), of activities and of benefits related at movement physics of items and / or to the management of flow of goods, packed or no, of all natures, of all provenances, for all destinations, subject one price freely agreed assuring one just remuneration of services visited, as in regime inside qu'en regime international. All commitment or operation any with "the operator of transport and / or of logistics" is worth acceptance, without no reservation, by the donor of order of conditions this-after defined. Which that either the technique of transport used, the present conditions regulate the relations between the donor of order and "the operator of transport and / or of logistics". "The operator of transport and / or of logistics" realizes the benefits requested in the conditions planned including to the article 7 this-below. No condition special neither others conditions general emanating of donor of order not can, except acceptance formal of "the operator of transport and / or of logistics", prevail on the present conditions.
Article 2 - definitions at direction of present conditions general, the terms this-after are defined as follows:
2.1. Donor of order: by donor of order, you hears the part who contracts the benefit with the operator of transport and / or of logistics, even with the commissionnaire in customs.
2.2. Package: by package, you hears one object or one together equipment compound of several objects, which qu'en are the weight, the dimensions and the volume, constituent one charge unit during the discount at transport (ferry, cage, fund, canteen, cardboard, container, envelope, burden, barrel, packet, palette cerclee or filmed, roll, bag, suitcase, etc ...), conditioned by the sender before the taken in charge, even if the contents in is detailed in the document of transport.
2.3. Dispatch: by dispatch, you hears the quantity of goods, packaging and support of charge including, implementation effectively, at same moment, to the provision of the operator of transport and / or of logistics and whose the movement is asked by one same donor of order for one same addressee an place of loading unique to one place of unloading unique and taken on one same title.
Article 3 - price of benefits
3.1. - the price are calculated on the base of information provided by the donor of order, in holding account including of benefits to perform, of the nature, of weight, and of volume of the merchandise to transport and of routes to borrow. The quotes are established depending of rate of currency at moment where said quotes are data. They are also function of conditions and rates of substituted as well as of laws, regulations and conventions international in force. If one or several of these elements of base is found modified after the discount of the listing, including by the substituted of the o.t.l., Of way opposable to this last, and on the proof reported by that-this, the price given originally would be modified in the same conditions. It in would be likewise in case of event unexpected, which qu'il either, resulting including one modification of the one of elements of the benefit. Is, between others, concerned the price of fuels whose the variation must to be taken in account, accordance to provisions of articles l. 3222-1 and l. 3222-2 of code of transport.
3.2. - the price not include not the rights, taxes, royalties and taxes due in application of any regulation including tax or customs (such that accises, rights of entry, etc.).
3.3. - the price initially agreed are renegotiated at least one times yearly to the date anniversary of contract. They are also revised in case of variations significant of charges of the o.t.l., Charges who take the more often to of conditions external to the o.t.l., Such that including the price of fuels as it is said in the paragraph precedent (3.1.). If the parts not reach not to agree on of news conditions tariff, each among they can put one term at contract in the conditions defined to the article 12 this-after.
Article 4 - insurance of goods no insurance is not subscribed by i'o.t.l. Untidily written and repeated of donor of order for each expedition, specifying the risks to cover and the values to guarantee. If one such order is given, the o.t.l., Acting for the account of donor of order, contracts one insurance nearby an company of insurance notoriously solvent at moment of the cover. Has default of specification precise, only the risks ordinary (off risks of war and of strike) will be insured. Speaker, in this case precise, as agent, the o.t.l. Not can to be considered in no case as insurer. The conditions of the police are deemed known and approved by the shippers and the recipients who in support the cost. One certificate of insurance will be issued, if is asked.
Article 5 - execution of benefits the dates of departure and of arrival possibly communicated by the o.t.l. Are data to title purely indicative. The donor of order is held of give in time useful the instructions necessary and precise to the o.t.l. For the execution of benefits of transport and of benefits accessories and / or of benefits logistics. The o.t.l. Has not not to check the documents (invoice commercial, note of packing, etc.) provided by the donor of order. All instructions specific to the delivery (against reimbursement, etc.) must make the object an order written and repeated for each dispatch and of the acceptance express of the o.t.l. In all state of cause, one such mandate constitutes the accessory of the benefit main of transport and / or of the benefit logistics. Article 6 - obligations of donor of order
Article 6 - OBLIGATIONS DU DONNEUR D'ORDRE
6.1. Packaging and labelling:
6.1.1. Packaging: the merchandise must to be conditioned, packed, marked or contremarquee, of way to supporter one transport and / or one operation of storage executed in of conditions normal, as well as the handling successive who intervene necessarily during the course of these operations. She not must not constitute one cause of danger for the personal of conduct or of handling, the environment, the security of gear of transport, the others goods transported or stored, the vehicles or the third. The donor of order responds only of choice of packaging and of its aptitude to supporter the transport and the handling. In the hypothesis where the donor of order confierait to the o.t.l. Of goods offender to provisions above, it would be held for only responsible without recourse against the o.t.l. Of damage of any nature that they could cause.
6.1.2. Labelling: on each package, object or support of charge, one labelling clear must to be carried out for allow one identification immediate and unequivocally of the sender, of addressee, of place of delivery and of the nature of the merchandise. The mentions of labels must correspond to those who include on the document of transport.
6.1.3. Responsibility: the donor of order responds of all the consequences an absence, an insufficiency or an imperfection of packaging, of the packaging, of marking or of the labelling.
6.2. Filling: the trucks complete, the semi-trailers, the funds mobile, the containers, one times the operations of loading completed, must to be plombes by the charger him-same or by its representative.
6.3. Obligations declarative: the donor of order responds of all the consequences an breach to the obligation of information and of statement on the nature very exact and of the specificity of the merchandise when this last requires of provisions special, had respect including to its value and / or to convoitises qu'elle is likely of create, of its dangerousness or of its fragility. Additionally, the donor of order s'engage expressly to not remit to the o.t.l. Of goods illicit or prohibited (for example of products of counterfeiting, of narcotics, etc.). The donor of order supports only, without recourse against the o.t.l., The consequences, which that they are, resulting of statements or documents erroneous, incomplete, inapplicable, or provided late, in this included the information necessary to the transmission of any statement summary required by the regulation customs, including for the transport of goods in origin of country third.
6.4. Reserves: in case of loss, of damage or of all other damage suffered by the merchandise, or in case of delay, it belongs at addressee or at receptionnaire of proceed to findings regular and sufficient, of take of reserves motivated and in general of perform all the acts useful to the conservation of recourse and to confirm said reserves in the forms and the time legal, fault of what no action not can to be exercised against the o.t.l. Or its substituted.
6.5. Refusal or failure of addressee: in case of refusal of goods by the addressee, as in case of failure of this last for some cause that this either, all the fresh initial and additional due and committed for the account of the merchandise remain to the charge of donor of order.
6.6. Formalities customs: if of operations customs must to be completed, the donor of order guarantees the commissionnaire in customs of all the consequences financial arising of instructions erroneous, of documents inapplicable, etc. resulting an way general liquidation of rights and / or of taxes additional, fines, etc ... of the administration concerned. In case of clearance of goods at profit an regime preferential concluded or granted by the european union, the donor of order guarantees have fact all stagecoaches at direction of provisions of code of customs community aimed to s to ensure that all the conditions for the treatment of regime preferential were respected. The donor of order must, on request of the o.t.l., Provide to this last, in the delay required, all information who him are claimed at title of requirements of the regulation customs. The no-supply of these information in this delay has for effect of return responsible the donor of order of all the consequences harmful of this breach at title of delays, additional costs, damage, etc .. however, the rules of quality and / or of standardization technique of goods under of the only responsibility of donor of order, it him belongs of provide to the o.t.l. All documents (tests, certificates, etc.) required by the regulation for them circulation. The o.t.l. N'encourt no responsibility of fact of the no-compliance of goods auxdites rules of quality or of standardization technique. The commissionnaire in customs approved dedouane under the mode of the representation direct, in accordance with the article 5 of code of customs community.
Article 7 - responsibility
7.1. Responsibility of fact of substituted: the responsibility of the o.t.l. Is limited to that incurred by the substituted in the framework of the operation who him is entrusted. When the limits of compensation of intermediaries or of substituted not are not known or not result not of provisions mandatory or legal, they are deemed identical to those fixed to the article 7.2 this-after.
7.2. Responsibility personal of the operator of transport and / or of logistics (o.t.l.): the limitations of compensation indicated this-below constitute the counterpart of the responsibility assumed by the o.t.l.
7.2.1. Losses and damage: in all the case where the responsibility personal of the o.t.l. Would be committed, for some cause and has some title that this either, she is strictly limited for all the damage has the merchandise attributable has the operation of transport as a consequence of losses and damage and in the case an transport of effects personal worthless of nature used only the fresh of transport of the merchandise him will be reimbursed by the o.t.l. In the case an transport of effects personal nine or of goods which case we propose to customers of subscribe has one insurance covering all risk of loss and of damage of the merchandise has transport, this insurance being optional, the donor of order can not there subscribe. In this case only the fresh of transport him will be reimbursed by the o.t.l.
7.2.2. Others damage: for all the others damage, including in case of delay of delivery duly found, at case where its responsibility personal would be committed, the repair due by the operator of transport and / or of logistics is strictly limited at price of transport of the merchandise (rights, taxes and fresh various excluded) or has that of the benefit has the origin of damage, object of contract. This compensation not can exceed that who is due in case of loss or of damage of the merchandise. In no case, the responsibility of the o.t.l. Not can exceed the amounts this-above fixed.
7.3. Quotes: all the quotes data, all the offers of price point provided, as well as the rates generals are established and / or published in holding account of limitations of responsibility this-above set (7.1. And 7.2.).
7.4. Statement valuable or insurance: the donor of order has always the faculty of subscribe one statement valuable who, fixed by him and accepted by the o.t.l., Has for effect of substitute the amount of this statement to ceilings of compensation indicated this-above
(articles 7.1. And 7.2.1.). This statement valuable result one supplement of price. The donor of order can also give instructions to the o.t.l., In accordance with the article 4 (insurance of goods), of subscribe for its account one insurance, subject the payment of the premium corresponding, in him specifying the risks to cover and the values to guarantee. The instructions (statement valuable or insurance) must to be renewed for each operation. 7.5. Interest special to the delivery: the donor of order has always the faculty of make one statement of interest special to the delivery who, fixed by him and accepted by the o.t.l., Has for effect of substitute the amount of this statement to ceilings of compensation indicated this-above (articles 7.1 and 7.2.2.). This statement result one supplement of price. The instructions must to be renewed for each operation.
Article 8 - transport special for the transport special (transport in tanks, transport of objects indivisible, transport of goods perishable under temperature directed, transport of animals living, transport of vehicles, transport of goods subject to one regulation special, including the transport of goods dangerous, etc.) the o.t.l. Puts to the provision of the sender one equipment adapted in the conditions who him will been previously defined by the donor of order.
Article 9 - conditions of payment
9 .1 - the benefits of service are payable cash to reception of the invoice, without discount, at place of them emission. The donor of order is always guarantor of them acquittal
9 .2 - the compensation unilateral of amount of damage alleged on the price of benefits due is prohibited.
9 .3 - if of time of payment are made, those-this not can, in no case, exceed thirty days to count of the date of emission of the invoice for all the benefits executed by the commissionaires of transport and by the carriers road of goods, as well as for all those made by the agents maritime and / or of freight air, by the commissionaires in customs, by the brokers of freight and by the transitaires accordance to provisions of the article l.441-6 paragraph 11 of code of trade.
9 .4 -tout delay in the payment leads of full right, the day following the date of regulation contained on the invoice, the exigibilite of interests of delay an amount equivalent at rate of interest applied by the central bank european (bce) to its operation of refinancing the more recent plus of ten points of percentage and fixed according to the modalities defined to the article l..441-6 paragraph 12 of code of trade, as well as an compensation lump for fresh of recovery an amount of 40 euro following the article d.441-5 of code of trade, and this without prejudice of the repair possible, in the conditions of right common, of all other damage resulting directly of this delay.
9 .5 - the date of exigibilite of payment, the rate of interest of penalties of delay, as well as the compensation lump of compensation of fresh of recovery must inevitably figure on the invoice.
9 .6 - all payment partial, to the date of the maturity agreed, will be imputes in first place on the part no privileged of claims. The no-payment an only maturity prevail without formalities of maturity of term, the balance becoming immediately exigible same in case of acceptance of effects.
9.7 - OPTION ARRIVeE / PAYER
Are not accepted in the option rates under 100 & euro;
100 a 250 € tax 15 000 Fr. CFA
251 a 500 € tax 20 000 Fr. CFA
501 a 750 € tax 25 000 Fr. CFA
751 a 1 000 € tax 35 000 Fr. CFA
1 001 a 1 500 € tax 40 000 Fr. CFA
1 501 a 2 000 € tax 50 000 Fr. CFA
2 001 a 2 500 € tax 60 000 Fr. CFA
2 501 a 3 000 € tax 70 000 Fr. CFA
3 001 a 4 000 € tax 85 000 Fr. CFA
4 001 a 5 500 € tax 100 000 Fr. CFA
5 501 a 7 000 € tax 120 000 Fr. CFA
7 001 a 8 500 € tax 140 000 Fr. CFA
Article 10 - right of pledge conventional which that either the quality in which the o.t.l. Intervenes, the donor of order him recognizes expressly one right of pledge conventional carrying right of retention and of preference general and permanent on all the goods, values and documents in possession of the operator of transport, and this in guarantee of the totality of claims (invoices, interests, fresh committed, etc.) that the o.t.l. Holds against him, same previous or foreign to operations performed at look of goods, values and documents who is find effectively between its hands.
Article 11 - prescription all the shares which the contract concluded between the parts can give place are prescribed in the delay an year to count of the execution of the benefit contested said contract and in matter of rights and taxes recovered a posteriori to count of the notification of recovery. Article 12 - duration of contract and termination
12.1. In the case where it is concluded between the donor of order and the o.t.l one contract to duration indeterminate who seals of relations sustainable that the parts wish establish between they, this contract can to be terminated to all moment by the one or by the other part by the dispatch an registered mail with opinion of reception subject one notice an month when the time already elapsed since the beginning of the execution of contract is not not superior to six month. The notice is focused to two month when this time is superior to six month and lower to one year. When the duration of the relation is superior to one year, the notice is focused to three month.
12.2. During the period of notice, the parts s'engagent to maintain the economy of contract.
12.3. En cas de manquements graves ou repetes, prouves, de l'une des parties a ses engagements et a ses obligations, l'autre partie est tenue de lui adresser, par lettre recommandee avec avis de reception, une mise en demeure motivee. Si celle-ci reste sans effet dans le delai d'un mois, periode durant laquelle les parties peuvent tenter de se rapprocher, il pourra etre mis fin definitivement au contrat, sans preavis ni indemnite, par lettre recommandee avec avis de reception prenant acte de l'echec de la tentative de negociation.
12.3. In case of breaches serious or repeated, proven, of the one of parts to its commitments and to its obligations, the other part is holding of him address, by registered mail with opinion of reception, one implementation in remains motivated. If that-this rest without effect in the delay an month, period during which the parts can try of is bring closer, it can to be put end definitively at contract, without notice neither compensation, by registered mail with opinion of reception taking act of the failure of the attempt of negotiation.
12.4. All the shares relating to provisions this-above are prescribed in the delay an year in accordance with those referred to the article 11 mentioned this-above (prescription).
Article 13 - cancellation - disability at case where the one any of provisions of present conditions general of sale would be declared zero or deemed no written, all the others provisions remain applicable.
Article 14 - good of transport electronics while of deposit of your package, it you will be transmitted by way electronics one good of transport with the conditions general of sale. You have an delay of 48 hours for challenge by return mail. Pass this delay, your silence is worth acceptance by way electronics of conditions general of sales and signature of good of transport. Article 15 - clause attributive of jurisdiction in case of litigation or of challenge, only the courts of headquarters of the operator of transport and / or of logistics are competent, same in case of plurality of defendants or of call in guarantee.
Article 15 - STORAGE AND SHOPPING
All parcels are transient and must under no circumstances be the object of a guarding.
The package (s) that exceeds the 5-day deductible will systematically enter the store and will incur additional costs associated with this shipment per day of custody.
The daily rate is CFAF 5,000.00 per day of custody for a single package up to a pallet of 120/80/150, beyond this volume the fare is multiplied by 2.
15.1 Responsibility for shopping
Any parcels the owner of which leaves behind our custody remains under the responsibility of the latter, in no way will MOFTS INTL be held liable if the package has suffered damage or other damage whatsoever.
Article 16 - ATTRIBUTIVE CLAUSE OF JURISDICTION
In case of dispute or dispute, only the Courts of the Headquarters of the Transport and / or Logistics Operator are competent, even in case of plurality of defendants or calls for guarantees.