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Head office : SUCY-EN-BRIE (94370 – FRANCE).
Address : 21 rue Lachevardière
Tel : 33 (0)1 56 73 35 30 – Fax : 33 (0)1 84 23 29 31

comptabilite@aeltransports.com
Legal status: SAS
with a capital of 9 000 euros
Commercial and Companies Registry : RCS Créteil 810 763 987 000 15
VAT number : FR 95 810 763 987

Photo credit
JPEG Studios

Website design
This website has been designed by Lemon Creative

Website hosting :
SAS OVH, 2 rue Kellermann – 59100 Roubaix – SAS with a capital of 10 174 560 € RCS Lille Métropole 424 761 419 00045 Code APE 2620Z

tel: +33(0)09 72 10 10 07

Applicable law
The content of this site is governed by French law.

Private policy
The personal files that are data processed on this site have been declared to the Commission Nationale Informatique et Liberté (CNIL declaration identification number 154157140).

In accordance with the Data Protection Act n°78-17 of January 6th, 1978, you have a right to access, rectify or delete your personal date.

You may exercise this right at any time by writing to A.E.L. TRANSPORTS at the following email address: comptabilite@aeltransports.com

Website content:
A.E.L TRANSPORTS accepts no responsibility for any imprecision, inaccuracies or omissions in the information presented in this website.

Hyperlinks
The hypertext links set up as part of this website leading to other web resources are not the responsibility of A.E.L TRANSPORTS as regards their contents or the links they contain, or in the use that is made of them (including management of personal data, etc.)

Exemption from liability for technical issues
A.E.L TRANSPORTS agrees to make its best efforts to ensure that the AEL TRANSPORTS website is accessible at all times. However, AEL TRANSPORTS declines all responsibility in the event of difficulties involving access to its site or of interruptions in connection for any reason. Please note that AEL TRANSPORTS reserves the right to modify the site in any way that it deems necessary without any prior warning, even if it involves a temporary suspension of access to the site. Furthermore, A.E.L.TRANSPORTS cannot be held responsible for direct or indirect damages including site inaccessibility, data loss, destructions or viruses that may affect your computer and/or the presence of viruses on the site. You hereby acknowledge having verified that the computer configuration used contains no viruses and is in perfect working order.

ANNEX: DATA PROCESSING AGREEMENT OR “DPA” Version of 25 May 2018

This annex (hereinafter referred to as « DPA » related to the English acronym for « Data Processing Agreement ») shall form an integral part of the contract (the « Contract ») between OVH S.A.S. (« OVH ») and the Customer, and aim at defining the applicable conditions for the services provided by par OVH (the « Services »). The DPA and the Contract are complementary and mutually explanatory. However, if there is any contradiction between the two, the DPA shall take precedence.

All capitalized terms not defined herein shall have the respective meanings set forth in the Contract.

The purpose of this DPA between OVH and the Customer, in accordance to Article 28 of Regulation (UE) No 2016/679 of the European Parliament and the Council of 27 April, 2016, of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (“General Data Protection Regulation” or “GDPR”), is to define the conditions under which OVH, as a sub-contractor and in the framework of the services contractually agreed, process, on instructions from the Customer; personal data as defined in the GDPR (“Personal Data”). Personal data processing by OVH as data controller is outside the scope of this DPA.

For the purpose of this DPA, OVH acts as a “Sub-Contractor” and the Customer shall be presumed to act as a “Data Controller “. The terms “Sub-contractor” and ” Data Controller ” shall have the meanings given in the GDPR.

If the Customer acts as a Sub-contractor on behalf of a Data Controller, the Parties expressly agree that the following conditions shall apply : (a) The Customer shall ensure that (i) all authorizations required to enter into this DPA, including the appointment of OVH as a sub-processor by the Customer, have been obtained by the Data Controller (ii), a contract, which is fully compliant with the terms and conditions of the Contract (including this DPA), has been signed with the Data Controller in accordance with Article 28 of the GDPR, (iii) all the instructions provided to OVH by the Customer under the Contract and this DPA are fully compliant with the instructions of the Data Controller and (iv) all information communicated or provided by OVH under this DPA are, where required, appropriately communicated to the Data Controller. (b) OVH (i) processes personal data on instruction from the Customer only and (ii) does not take instruction directly from the Data Controller, except in cases where the Customer has factually disappeared or has ceased to exist in law and the Customer’s rights and obligations have not been transferred yet to a third entity. (c) The Customer is fully liable to OVH for the proper performance of the Data Controller’s obligations, in compliance to this DPA, shall indemnify and hold harmless OVH for (i) failure of the Data Controller to comply with the applicable law, and (ii) all proceedings, claims or complaints made by the Data Controller on the contract provisions (including this DPA) or the instructions provided to OVH by the Customer.

1. Scope of application

OVH, as a Sub-contractor acting under the Customer’s instructions, is allowed to process the Controller’s personal data to the extent that is necessary to the provision of Services.

The nature of the duties carried out by OVH on personal data might be data calculation, storage and/or any other Service as described in the Contract.

The type of personal data and the categories of concerned subjects are identified and controlled by the Customer, in its sole discretion.

The processing activities are performed by OVH for the Contract period.

2. Provision of services

The Customer is solely responsible for the selection of services. The Customer shall ensure that the selected services meet the characteristics and conditions required, taking into account the activities and processing of the Data Controller and the type of personal Data to be processed within the scope of the Services, including, but not limited to, the cases when services are used to processed personal data which are subject to specific standards and regulations (for example, in some countries, health-related data or bank data). The Customer is informed that OVH provides some Services including organisational and technical measures, particularly safety measures, specifically designed to support health data or bank data processing.

If the data processing carried out by the Controller presents a higher risk to the rights and freedoms of individuals, the Customer shall choose his Services cautiously. When the risk is assessed, particular account shall be taken of the following criteria, though it shall not be limited to them : a thorough and systematic assessment of individuals’ personal aspects ; an automated decision-making process with legal effects or which could significantly impact the concerned data subject  ; a systematic monitoring of the concerned data subjects; the processing of special categories of data or sensitive data; large scale processing ; interconnection of data ; combination of data ; processing of personal data concerning vulnerable persons ; using new innovative technologies, unfamiliar to the public, to data processing.

OVH provides to the Customer, under the conditions laid down in Article “Audits”, all information concerning safety measures implemented within the framework of the Services, so that he could assess whether these measures comply with the Controller’s personal data processing.

3. Compliance with applicable regulation

Each party shall respect the applicable data protection regulation, including the General Data Protection Regulation, from the date of its application in the European Union.

4. OVH Obligations

OVH shall undertakes to : a) process personal data that are downloaded, stored and used by the Customer in the framework of the Services only to the extent necessary to carry out the Services as defined in the Contract, b) not access or use personal Data for any other purpose than carrying out the Service (particularly in case of incident management), c) implement the technical and organisational measures defined in the Contract, to ensure the security of personal data when carrying out the Service, d) to ensure the OVH employees authorised to process personal Data within the framework of the Contract are subject to a confidentiality obligation and are properly trained on personal data protection, e) inform the Customer if, according to him and taking into account the information available to him, one of the Customer’s instructions infringes the provisions of the GDPR or any other personal data protection regulation of the European Union or a State Member of the European Union, f) in the case of requests received from a competent authority and related to personal Data processed under the Contract, to inform the Customer (unless prohibited by the applicable laws or the injunction the competent authority), and to limit data communication to what the authority expressly asked.

Upon written request from the Customer, OVH shall provide the Customer with reasonable assistance in developing impact assessments on data protection and consulting the reviewing authority, since the Customer is required to do it under the applicable law on data protection, and if any such assistance is necessary and is related to personal data processing developed by OVH under the Contract. This assistance aims at ensuring transparency of the security measures implemented by OVH for its Services.

OVH shall undertake to set up the following technical and organisational security measures : (a) physical security measures to prevent unauthorised people from accessing the infrastructure in which the Customer’s data are stored, b) identity and access controls by means of an authentication system and a password policy ; c) an access management system that restricts access to the buildings to the persons who need to access them to carry out their duties and as part of their own responsibilities, d) security staff to monitor the OVH buildings’ physical security, e) a system aiming at isolating physically and/or logically the Customers from each other, f) authentication processes of users and administrators and measures to protect access to administration functions, g) an access management system for support and maintenance management based on the “least privilege” and the “need-to-know” principles ; and h) processes and measures to follow up the actions carried out on his information system.

5. Personal data breaches

If OVH learns of an incident affecting the Data Controller’s personal data (unauthorised access, loss, disclosure or alteration of personal data), OVH shall notify promptly the Customer.

Notification shall (i) describe the nature of the incident, (ii) describe the likely consequences of the incident, (iii) describe the measures undertaken or proposed by OVH in response to the incident and (iv) indicate the contact person at OVH.

6. Location and transfer of personal data

When Services enable the Customer to store Content, particularly personal Data, the available data centre(s)’ location(s) or geographical area(s) shall be mentioned on OVH’s Website. If several locations or geographical areas are available, the Customer selects the one(s) he has chosen when ordering. Subject to particular conditions related to Services, OVH shall refrain from modifying, without agreement from the Customer, the selected location or geographical area.

Subject to the previous provision related to Data centre location, OVH’s Related Firms located in the European Union, Canada and any other country recognised by the European Union as ensuring an adequate level of personal Data protection (“Adequacy Decision”), except the United States, are authorised to process personal data exclusively within the context of the performance of services, and particularly of management of incidents. The list of Related Firms that are likely to participate in the performance of services is provided as provided for in “Subcontract” clause below.

The Data stored by the Customer in the context of Services are not available to OVH from a country which has not been subject to an Adequacy Decision, except (a) if this access is expressly provided in the applicable Specific Conditions of Service, or (b) if the Customer selects a Data centre located outside the European Union, in a country which is not subject to an Adequacy Decision or (c) except specific agreement from the Customer.

In cases where personal data which have been collected under this Agreement are transmitted outside the European Union in a country which is not subject to an Adequacy Decision, a Data Transfer Agreement which shall comply with the standard contractual clauses adopted by the European Commission or, to OVH’s discretion, any other data protection measure considered sufficient by the European Commission is implemented. When the transfer is the result of the Customer’s choice to select a Service which uses a Data centre located outside the European Union, the implementation of the abovementioned data transfer agreement (or of equivalent protection measures) is not automatic and requires a specific request from the Customer.

The Data Controller shall complete all the formalities and obtain all the necessary consent (including, if necessary, from the concerned data subjects or from the data protection authorities) to transfer personal data under the Contract.

7. Subcontract

Subject to the provisions of the clause “Location and transfer of personal data” stated above, OVH may employ a Subcontractor to process personal Data in the context of the performance of Services (“Subprocessor”).

The Customer shall expressly authorise OVH to employ its Related Firms as Subprocessors. The list of OVH’s Related Firms specified as Subprocessors shall be available on OVH’s Website. OVH shall undertake to inform the Customer within a thirty (30) day delay before involving a new Related Firm as a Subprocessor.

Subject to contrary provisions of the Applicable terms of Service, OVH shall not involve any Subprocessor which is not specified as an OVH’s Related Corporate without prior consent from the Customer (« Third-party Subprocessor »). If the Applicable terms of Service provide for the possibility to involve Third-party Subprocessors, the validation of these Applicable terms of Service by the Customer is deemed to be an approval of the Subprocessors listed. The list of Third-party Subprocessors is available on OVH’s Website or in the Applicable terms of Service.

OVH shall ensure that the Subprocessor is, at least, able to fulfil the obligations imposed to OVH herein on personal data processing achieved by the Subprocessor. On this purpose, OVH shall enter into an agreement with the Subprocessor. OVH remains fully responsible towards the Customer for completing any obligation that the Subprocessor has not performed.

Notwithstanding the above, OVH shall be expressly authorised to involve third-party suppliers (such as energy suppliers, network suppliers, points of networks interconnexion operators or collocated data centre operators, equipment and software providers, carriers, technology suppliers, security firms) without informing the Customer and receiving its prior authorisation, provided that these Third-party suppliers have no access to personal Data.

8. Obligations of the Customer and the Data Controller

To process personal Data under the Contract, the Customer shall provide OVH by written notifications (a) any relevant instructions and (b) all information necessary to the creation of the Subcontractor’s processing activities register. The Customer shall remain solely responsible for processing the instructions and information provided to OVH. The Data Controller shall be responsible for ensuring that : a) the Data Controller’s personal data processing in the context of carrying out the service has an appropriate legal basis (for example, the consent of data subjects concerned, the legitimate interests of the Data Controller, etc..), b) all the procedures and formalities required (such as the impact assessment on data protection, notification and authorisation request to the personal data processing supervisory authority or any other competent authority, if necessary) have been completed, c) the data subject concerned is informed of the processing of his/her personal Data in a concise, transparent, intelligible and easily accessible manner, using a clear and simple language, in accordance with the GDPR, d) data subjects concerned are informed and are entitled to exercise easily, at any time, the data-related rights provided by the GDPR directly toward the Customer or the Data Controller.

The Customer is responsible for implementing proper technical and organisational measures to ensure safety of resources, systems, applications and operations beyond the responsibility of OVH, as provided by the Contract (particularly all the systems and softwares deployed and operated by the Customer or the Users within the Services).

9. Rights of data subjects concerned

The Data Controller shall be fully responsible for informing data subjects concerned of their rights and for respecting those rights, including their right to access, to rectification, erasure, limitation or portability.

OVH shall provide cooperation and assistance, to the extent that is reasonably necessary, to respond to the requests from data subjects concerned. This cooperation and reasonable assistance might include (a) providing all requests received directly from data subjects concerned to the Customer and (b) allowing the Data Controller to design and implement the necessary technical and organisational measures to respond to the requests from data subjects concerned. The Data Controller shall be solely responsible for responding to these requests.

The Customer acknowledges and agrees that, if that cooperation and assistance would require significant resources from OVH, they could be invoiced to the Customer, provided it is notified to him and his prior agreement is obtained.

10. Deletion and retrieval of personal data

When the Service is completed (particularly in cases of termination and non-renewal), OVH shall undertake to delete, under the conditions laid down in the Contract, all content (in particular, information, data, files, systems, applications, websites and other items) reproduced, stored, hosted or otherwise used by the Customer in the context of the Services, unless a request from a competent legal authority or the applicable law of the European Union or a State member of the European Union otherwise requires.

The Customer is solely responsible for ensuring that the operations necessary to personal Data retention (such as backup, transfer to a third-party solution, snapshots, etc.) are achieved, notably that they are carried out prior to termination or expiration of the Services, and before proceeding with any Services delete, update or reinstall operation.

In this respect, The Customer shall be informed that termination or expiration of a Service for any reason whatsoever (including, but not limited to, non-renewal), as well as some Services update or reinstall operations, could automatically result in an irreversible deletion of all Content (including information, data, files, systems, applications, websites and other items) that has been reproduced, stored, hosted or otherwise used by the Customer in the context of the services, including any potential backup.

11. Responsibility

OVH can be held liable for damages resulting from processing because (i) OVH has not complied with the obligations laid down in the GDPR, which are specifically incumbent on subcontractors or for which (ii) it has acted outside the Customer’s legal instructions or against them. In such cases, the Contract’s provision related to Responsibility applies.

When OVH and the Customer are involved in a processing operation under this Contract, which has caused a damage to a data subject concerned, the Customer shall first take over the entire cost of the effective repairs (or any other compensation) payable to the data subject concerned, then claim against OVH the part of the total cost of repairs corresponding to OVH’s part of responsibility in the damage; limitations of liability laid down in the Contract shall stay applicable.

12. Audits

OVH shall provide the Customers with all necessary information to (a) demonstrate compliance with the requirements of this GDPR and (b) conduct Audits.

This information is available in OVH Website’s Documentation Package. Additional information may be provided to the Customer on request made via OVH’s Support.

If a Service is certified, respects a code of conduct or is subject to specific control procedures, OVH shall provide, upon written request from the Customer, the related certificate and control reports.

If the aforementioned information, reports and certificates prove insufficient to demonstrate to the Customers that the requirements laid down in the GDPR are fulfilled, then OVH and the Customer shall meet to agree to operational, security and financial conditions of a technical inspection on site. In all circumstances, the conditions of this inspection shall not affect the security of OVH’s other Customers. The aforementioned inspection on site, as well as the disclosure of control certificates and reports may be subject to a reasonable additional billing.

Any information provided to the Customer under this clause, and which is not made available on OVH’s Website, is considered as OVH confidential information under this Contract. OVH may require that a specific confidentiality agreement is signed before disclosing this information. .

Notwithstanding the above, The Customer is allowed to respond to the requests from the competent supervisory authority provided that all information disclosure is strictly restricted to the requests from this supervisory authority. In such cases, unless it is prohibited by applicable law, the Customer shall consult OVH on all disclosure required.

SAS OVH, 2 rue Kellermann – 59100 Roubaix – France SAS with a capital of € 10 174 560 RCS Lille Métropole 424 761 419 00045 APE Code 2620Z

Conditions of sales

Article 1 – PURPOSE AND SCOPE
These conditions are intended to define the implementing rules by A.E.L.TRANSPORTS, for any reason whatsoever (air cargo agent, shipping agent, freight forwarder, freight broker, warehouse agent, handler, licensed customs broker service provider or not, freight forwarder, carrier, etc.), activities and services related to the physical movement of shipments and/or managing the flow of goods, packaged or not, of any kind, of all sources for all destinations, with a freely agreed price insuring fair payment for services rendered in both domestic and international service.

Any commitment or any operation with A.E.L.TRANSPORTS implies acceptance without reservation by the Customer of the following defined conditions.
Regardless of the transport technique used, the present terms and conditions govern the relationship between the Customer and A.E.L.TRANSPORTS. A.E.L.TRANSPORTS performs the requested services as provided for in particular in Article 7 below.

No special or other general conditions for the payer may, except formal acceptance of A.E.L.TRANSPORTS, prevail over these conditions.

Article 2 – DEFINITIONS
For the purposes of these Conditions, the following terms are defined as follows:
2.1. CUSTOMER: “Customer” means the party that contracts the service with A.E.L TRANSPORTS or the Customs agent.
2.2. PACKAGES: “Packages” means an object or equipment set consisting of several objects, regardless of the weight, dimensions and volume, constituting a unit load when handed over for carriage (tank, cage, crate, canteen, cardboard, container, envelope, burden, even, package, pallet strapped or filmed, roll, bag, suitcase, etc.), conditioned by the sender before the treatment, even if the content is detailed in the transport document.
2.3. SEND: “Send” means the quantity of goods, including packaging and load support, effectively put at the same time, available to the operator to transport and/or logistics and whose movement is requested by the same contractor order for the same recipient of a single place of loading to a single place of unloading and resumed on the same basis.

Article 3 – PRICE OF BENEFITS
3.1. – Prices shall be calculated on the basis of the information provided by the Customer, taking into account, in particular, the services to be performed, the nature, weight, and volume of goods to be transported and the routes to be taken. Quotations shall be drawn up according to the currency exchange rates at the time when said quotations are given. They shall also depend upon the terms and rates set by substitute carriers and on the laws, regulations and international agreements in force. If one or more of these fundamental factors should be modified after the quotation has been received, and this also by A.E.L. TRANSPORTS’ substitute carriers, in a way that may be enforceable against the latter, and on the basis of evidence reported by the latter, the prices given initially shall be modified under the same terms. The same shall apply in the case of an unforeseen event, regardless of its nature, in particular an event that entails any change to one of the elements included in the service. Among other things, this concerns the variation in fuel prices, which must be taken into account, in accordance with Articles L. 3222-1 and L. 3222-2 of the Code of Transport.

3.2. – Prices do not include any duties, taxes, fees or charges due in application of any regulation, notably fiscal or customs regulations (such as excise tax or import duties, etc.).

3.3. – – Prices initially agreed shall be renegotiated at least once a year on the anniversary date of the contract. They shall also be revised in the event of significant changes in A.E.L. TRANSPORTS’ expenses, which expenses are most often due to conditions beyond A.E.L. TRANSPORTS’ control, such as fuel prices, as specified in the above paragraph (3.1.). If the parties fail to reach an agreement on new price terms, each party may terminate the contract according to the terms set in article 12 below.

Article 4 – GOODS INSURANCE
A.E.L TRANSPORTS has an insurance contract that covers all transport commissions by land, air and sea, wheel vehicles and indivisible objects, car rentals with drivers, that it will be mandated to organise both for its clients and for its own account; the insurer’s commitment on account of the activities stated above is set without any waiver resulting from standard contracts (French regulations such as C.M.R. or LOTI., etc. depending on the chosen transport mode).
No complementary insurance shall be taken out by A.E.L. TRANSPORTS without a written and duplicated order issued by the Customer for each shipping operation, specifying the risks to be covered and the values of the goods to be insured.
Where such an order is given, A.E.L TRANSPORTS, acting on behalf of the Customer, shall take out an insurance contract with an insurance company known to be solvent for the period of cover. In the absence of any precise specification, only the usual risks (excluding the risks of war or strike action) shall be covered.
Acting, in this particular case, as a representative, A.E.L TRANSPORTS may not, under any circumstances, be the insurer. The terms of the policy shall be taken as known and approved by the shippers and the recipients, who shall bear the costs thereof. An insurance certificate shall be issued, if requested.
National road transports:
* Shipments weighting less than 3 tonnes: € 33 per Kg of gross weight of the goods lost or damaged, with a maximum amount of € 1,000 Euros per package or film-wrapped pallet.
* Shipments weighting 3 tonnes or more: € 20 per Kg of gross weight of the goods lost or damaged with a maximum amount of € 3,200 multiplied with the number of tonnes transported.
Loss and/or damage of an Intermodal Transport Unit (ITU) : € 2,875 per ITU
Model contract for transport of live animals : variable depending on the species
Model contract for transport of Indivisibles Items : € 60,000 per shipment
Model contract for on-road vehicles:
Material damages : according the official ARGUS list or in cases of a new vehicle:
1.New vehicle : difference between replacement value (net of tax) and resale price of the damaged vehicle
2. Lease car listed on the
Argus: difference between the Argus value and resale price of the damaged vehicle.
3. Used car not listed on the
Argus: € 800
Other damages: € 500 per lost or damaged vehicle
International road transports:
Extract from the Convention on the Contract for the International Carriage of Goods by Road (CMR) :
« Current 1978 : Article 23 paragraph 3 : « … compensation shall not, however, exceed 8,33 units of account per kilogram of gross weight short »;
« Units of account » are Special Drawing Rights, best known as SDR. This money has been created by the International Monetary Fund (IMF) and is a combination of US dollar, euro, pound sterling and Japanese yen. Its value can be found in XDR currency converter;
Norway, Switzerland, Belarus, Bosnia and Herzegovina, Russian Federation, Kazakhstan, Moldova, Yugoslavia, Morocco and Tunisia. More than 50 countries have ratified this convention. »
Piggyback transport (UIRR): 8,33 SDR per kilogram of gross weight of the goods lost or damaged, maxi 300 000 SDR per loaded unit and 2 million SDR per loss;
Eurotunnel : 8,33 SDR per kilogram of gross weight of the goods lost or damaged, maxi 70 000 for the loaded unit.
Maritime transport:
France (1966 Law): 666,67 SDR per package or unit (French law) ; 2x SDR per kilogram of gross weight of the goods lost or damaged,
The highest limit value is applicable.
International:
Brussels Convention: 666,67 SDR per package or unit, with exceptions.
Hamburg Rules: 2,5 SDR per kilogram or 835 SDR per package or unit, whichever is the higher
National and international air transport :
17 SDR per kilogram (Montreal Convention)
16,5837 DTS per kilogram of gross weight (Warsaw Convention).

Rail Transport:
France:
Intermodal Transport unit (ITU): € 14 per kilogram of gross weight of the goods lost or damaged loaded in the ITU or for this Unit itself.
€ 2300 per tonne of gross weight per ITU, without exceeding € 65 000 per wagon
Other than ITU: 17 SDR per kilogram of gross weight
International:
Vilnius Convention (COTIF): 17 SDR per kilogram of gross weight

Article 5 – PERFORMING THE SERVICES
The departure and arrival dates communicated by A.E.L TRANSPORTS are given for information purposes only. The Customer must provide A.E.L. TRANSPORTS with the specific instructions required for the carriages services and accompanying services and/or logistical services in due time. A.E.L. TRANSPORTS is not obligated to check any document provided by the Customer (
sales invoice, packing slip, etc.). Any specific delivery instructions (cash on delivery, etc.) shall be subject to a written order and duplicated for every delivery, and with the express agreement from A.E.L. TRANSPORTS. In any case, such an order shall only be considered as incidental to the primary transport service and/or logistics service provided.

Article 6 – CUSTOMER’S OBLIGATIONS

6.1. Packaging and labelling:

6.1.1. Packaging:
The goods must be packaged, packed, marked or counter-checked, in such a way that it will withstand transportation and/or storage operations performed under normal circumstances, together with the successive handling necessary during such operations. The goods should not constitute any danger to the drivers or handlers, to the environment, the safety of the transportation vehicles, any other merchandise being transported or stored, the vehicles used or to any third party The Customer shall be solely responsible for the choice of packaging and its ability to withstand the transport and handling.
In the event that the Contractor would confide to A.E.L TRANSPORTS any goods that contravene the aforementioned provisions, it shall be held responsible with no recourse against A.E.L.TRANSPORTS for any kind of damage they might cause.

6.1.2. Labeling :

Every shipment, object or load unit must be clearly marked so that the following information can be quickly and unequivocally identified: shipper, destination, place of delivery and nature of the goods. The information displayed on the labels must match the ones mentioned on the shipping documents.

6.1.3. Responsibility :

The Customer shall be liable for the consequences of any lack, inadequacy or defect of the packaging, packing, marking or labelling, as well as any breach related to the obligation to provide certain information and declare the nature and specifications of the goods, in the case of hazardous goods, for example. The Customer shall be solely liable for any consequences, regardless of their nature, resulting from erroneous, incomplete or inapplicable declarations or document or as a result of a delay in making the declarations or providing the documents required

6.2. Lead Seal: When the loading operations are complete, full trucks, semi-trailers, swap bodies and containers shall be lead sealed by the loader or his representative..

6.3. Reporting requirements: The Customer is liable for all the consequences of any breach the obligation to inform and declare the exact nature and specifications of the goods when the latter require specific provisions, related particularly to its value and/or the covetousness they might arouse, their dangerousness or their fragility. Furthermore, the Customer shall expressly undertake not to deliver prohibited or illicit goods to A.E.L. TRANSPORTS (counterfeit products, narcotics, etc.).
The Customer shall be solely liable, with no recourse against A.E.L TRANSPORTS, for any consequence resulting from declarations or documents which would be incorrect, incomplete, inapplicable or out of date, including information necessary to provide any summary declaration required by customs regulation, in particular for transports of goods from third countries.
6.4. Reservations:

In the event of the loss, damage or any other problem affecting the goods, or in the event of a delay, the recipient or the consignee shall proceed with proper and adequate recordings, to justify any reservations they may have and, in general, to carry out any action that might be useful in preserving the consignee’s right of legal recourse and confirm such exceptions in due form and within the deadlines set by law, failing which no action can be taken against A.E.L. TRANSPORTS or its substitute carriers.

6.5. Refusal or default on part of the recipient: In cases when the recipient should refuse delivery of the goods, for example, in case when the latter would not assume its role for any reason whatsoever, the Contractor shall remain liable for the total initial and additional costs due and committed for the goods.

6.6. Customs formalities : In cases when customs operation must be carried out, the Customer guarantees the customs broker against all the financial consequences flowing from incorrect instructions, inapplicable documents, etc. leading to, in general, liquidation of rights and/additional taxes, fine, etc., from the concerned administration. In cases of good clearing procedures under a preferential treatment concluded or bestowed by the European Union, the Customer shall ensure he has carried out all procedures within the meaning of the Community Customs Code provisions ensuring that all the conditions for the preferential treatment have been fulfilled. The Customer shall, on request from A.E.L. TRANSPORTS, provided the latter, in due time, with any information required by Customs regulation. Failure to provide this information in time would result in the Customer being responsible for all the adverse consequences of this failure in terms of delays, additional costs, accidents, etc.
6.6 (continuation) However, being solely responsible for the goods quality and/or technical standardisation rules, the Customer shall provide A.E.L. TRANSPORTS with all documents (tests, certificates, etc.) required by legislation for their movement. A.E.L TRANSPORTS does not occur any liability for the goods’ non-compliance with quality or technical standardisation rules. The authorised customs broker clears up the goods by direct representation, in accordance with Article 5 of the Community Customs Code.

Article 7 – RESPONSIBILITY
7.1. Liability for using substitute carriers: A.E.L. TRANSPORTS’s liability is limited to that incurred by the substitute carriers for the operation that is assigned to it. In cases when the limits of compensation of the substitute carriers are not known yet or they are not stipulated by mandatory or legal provisions, they are deemed to be identical to those laid down in article 7.2 below.
7.2. A.E.L TRANSPORTS’ personal liability: The limits of compensation mentioned below constitute the consideration for A.E.L TRANSPORTS’ liability.
7.2.1. Loss and damage: In all cases when A.E.L TRANSPORTS’s liability would be incurred, for any cause and on any basis whatsoever, it is strictly limited, for any goods damages attributable to transport operation due to loss or damage and to any consequences resulting from it, to € 20 per kilogram of gross weight of the consignment, to a maximum of € 5,000 per tonne of gross weight (the lowest limit applies), with a maximum of € 60,000 per event.
7.2.2. : For any other damage, including cases of duly recorded delay in delivery, in cases when its personal liability is incurred, the compensation payable by A.E.L TRANSPORTS is strictly limited to the price of goods transport (duties, taxes and miscellaneous costs not included) or the price of the service that caused the damage, contract purpose. This compensation shall not exceed the compensation payable in cases or loss or damage of the goods.
For all damages resulting from the logistic service, as the purpose of the contract, the compensation payable by A.E.L.TRANSPORTS, in cases when its personal liability is incurred, is strictly limited to the price of the service that caused the damage, though it shall not exceed a maximum of € 60,000 per event.
Under no circumstances, A.E.L TRANSPORTS’ liability may exceed the amounts set out above.
7.3. Quotations : Any quotation given, any one-off price offer and general rates shall be drawn up and/or published taking account of the limitations on liability described above (7.1. and 7.2.)

7.4. Declarations of value or insurance : The Contractor may still decide to subscribe a declaration of value which, set by the latter and agreed by A.E.L. TRANSPORTS, replaces the amount declared by the limits of compensation mentioned above (Article 7.1. and 7.2.1.). This declaration of value shall lead to additional fees.

The Contractor may also instruct A.E.L TRANSPORT, in accordance with Article 4 (Cargo insurance), to purchase an insurance on its behalf, upon payment of the corresponding fee, and specifying the risks to be covered and the value of the goods to be insured. Such instructions (declaration of value or insurance) must be renewed for every individual operation.
7.5. Special interest in delivery: The Contractor may decide to make a special declaration of interest in delivery which, set by the latter and agreed by A.E.L. TRANSPORTS, replaces the amount of this declaration by the limits of compensation mentioned above (Article 7.1. and 7.2.1.). This declaration of value shall lead to additional fees. The instructions must be renewed for each operation.

Article 8 – SPECIAL TRANSPORTS
For special transport operations (transport in tanks, transport of indivisible units, transport of perishable goods under controlled temperature, transport of live animals, transportation of vehicles, transportation of goods subject to special regulations and particularly, the transportation of hazardous goods, etc.), A.E.L. TRANSPORTS shall provide the carrier with the appropriate equipment, under the terms and conditions defined beforehand by the Contractor.

Article 9 – payment terms
9 .1 – Services shall be paid in cash on receipt of invoice, without discount, at the place they were issued. The Contractor is always responsible for the payment.
9 .2 – The unilateral compensation of the amount of alleged damage on the price of payable services is forbidden.
9 .3 – In cases when a payment schedule has been agreed, they might under no circumstances, exceed thirty days from the billing date for all the services carried out by freight forwarders and by motor carriers of freight, as well as all the services carried out by shipping agents and/or air-cargo agents, customs brokers, freight brokers and forwarding agents in accordance with article L.441-6 paragraph 11 of the French Commercial Code.
9 .4 –Any delay in payment shall lead as of right, on the day following the settlement date of the invoice, to payability for late-payment interests calculated on the basis of the interest rate applied by the European Central Bank (ECB) to its most recent refinancing operation, plus a 10 point percentage, and fixed in accordance with the article L..441-6 paragraph 12 of the French Commercial Code, along with a € 40 fixed rate compensation for recovery costs in accordance with article D.441-5 of the French Commercial Code, without prejudice to all possible compensation, under the provisions of common law, of any other damage resulting directly from the same delay..
9 .5 – The date on which payment is due, the interest rate applicable to the late-payment interests and the compensation for recovery costs shall be mentioned on the invoice.
9 .6 – Any partial payment, at the agreed terms of payment, shall initially be charged against the non-preferential part of the amount owing. Failure to meet a single payment will result, without event of default procedure, in acceleration of payment, the balance becoming immediately due even in the case of acceptation of a bill of exchange.

Article 10 – CONTRACTUAL LIEN
Regardless A.E.L TRANSPORTS’ quality, the Contractor shall expressly acknowledge that it has a contractual lien providing a general, permanent preferential and retention right on all goods, values and documents held by A.E.L. TRANSPORTS, as a guarantee for all the debts (invoices, interests, costs incurred, etc.) to A.E.L. TRANSPORTS by the Contractor, even those which are past or unrelated to the Services carried out on goods, values and documents the Contractor actually deals with.

Article 11 – LIMITATION
All legal actions carried out under the Contract agreed by the parties are limited within a one year delay from the date of the contentious service of this Contract and with regards to tax and duties recovered after the recovery notification.

Article 12 – DURATION AND CANCELLATION
12.1. In cases when the Contractor and A.E.L TRANSPORTS agree on a contract of indeterminate duration which seals long-term relationships that both parties wish to build, this contract may be cancelled at any time by sending a registered letter with acknowledgement of receipt, with a one month notice period if the time lapse since the beginning of the contract does not exceed six months. The notice period is two months if this time lapse exceeds six months and is less than one year; when it exceeds one year, the notice period is three months.
12.2. During the period of notice, the parties shall undertake to maintain the contract.
12.3. In cases of serious, repeated and proved breaches from one of the parties to its commitments and obligations, the other party shall send it a registered letter of formal notice with acknowledgement of receipt. If it does not comply within a one-month period during which the parties may attempt to achieve conciliation, the contract may be terminated, without notice or compensation, by a registered letter with acknowledgement of receipt notifying that the negotiation attempt has failed.
12.4. All the actions related to the above provisions shall be limited to a one-year period, in accordance to the provisions referred to in article 11 stated above (LIMITATION).

Article 13 – CANCELLATION – INVALIDITY
In cases when one of the provisions set out in these General terms of Sales should be declared null or reputed as not existing in writing, all the other provisions shall still be applicable.

Article 14 –JURISDICTION CLAUSE
In cases of litigation or dispute, the Tribunal de Créteil (Court of Créteil, Val de Marne) shall have sole jurisdiction, even in the case where there are two or more co-defendants or third-party complaints.

For all due intents and purposes,

How to request a quote or make an order of delivery :

  • By phone or email,
  • Information required to make the quotation :
  • Length x Width x height (overall outer dimensions) of the pallets or machines?
  • Weight for each item ?
  • Is it on pallet(s)?

  • Otherwise, how is it packaged (packaged machines, or bulk, or on a chassis with forklift pockets, etc.)?
  • Does your freight bear a breakbulk (a change of truck) ?
  • When loading :
  • Is it possible to access in a bulk semi-trailer ?
  • If it is not, with what type de vehicle is access possible (it will affect the transport quotation)?
  • Do you provide loading and unloading equipment? (Otherwise, we are able to provide for them)
  • What means are available to load and unload your freight (loading by the rear or by the sides with a forklift truck or by human handling, or by the roof with a crane)?
  • When unloading :
  • Is it possible to access in a bulk semi-trailer?
  • If it is not, with what type de vehicle is access possible (it will affect the transport quotation)?

  • What are your requirements and your constraints ?

 

  • To place an order :
  • Please let us know :
  • Loading address, local contact name and phone number ;
  • Loading times lots ;

  • Delivery address, local contact name and phone number ;
  • Unloading times lots ;

  • An account opening email will be sent to you ; it won’t place you under any minimal order obligation, but we use it when invoicing.

Limits of liability in cases of loss or damages during transport

National road transports

* Shipments weighting less than 3 tonnes: € 33 per Kg of gross weight of the goods lost or damaged, with a maximum amount of € 1,000 Euros per package or film-wrapped pallet.*.
* Shipments weighting 3 tonnes or more: € 20 per Kg of gross weight of the goods lost or damaged with a maximum amount of € 3,200 multiplied with the number of tonnes transported.

Loss and/or damage of an Intermodal Transport Unit (ITU) : € 2,875 per ITU

Model contract for transport of live animals : variable depending on the species

Model contract for transport of Indivisibles Items : € 60,000 per shipment

Model contract for on-road vehicles:
Material damages : according the official ARGUS list or in cases of a new vehicle:
1.New vehicle : difference between replacement value (net of tax) and resale price of the damaged vehicle
2. Lease car listed on the
Argus : difference between the Argus value and resale price of the damaged vehicle.
3. Used car not listed on the
Argus : € 800
Other damages : € 500 euros per lost or damaged vehicle
International road transports :
Extract from the Convention on the Contract for the International Carriage of Goods by Road (CMR) :
« Current 1978 : Article 23 paragr
aph 3 : « … compensation shall not, however, exceed 8,33 units of account per kilogram of gross weight short »;


« Units of account » are Special Drawing Rights, best known as SDR. This money has been created by the International Monetary Fund (IMF) and is a combination of US dollar, euro, pound sterling and Japanese yen. Its value can be found in XDR currency converter;


Norway, Switzerland, Belarus, Bosnia and Herzegovina, Russian Federation, Kazakhstan, Moldova, Yugoslavia, Morocco and Tunisia. More than 50 countries have ratified this convention. »


Piggyback transport (UIRR): 8,33 SDR per kilogram of gross weight of the goods lost or damaged, maxi 300 000 SDR per loaded unit and 2 million SDR per loss;


Eurotunnel: 8,33 SDR per kilogram of gross weight of the goods lost or damaged, maxi 70 000 for the loaded unit.
 Maritime transport :
France (1966 Law) : 666,67 SDR per package or unit (French law) ; 2x SDR per kilogram of gross weight of the goods lost or damaged,

The highest limit value is applicable.

 

International:
Brussels Convention : 666,67 SDR per package or unit, with exceptions.
Hamburg Rules: 2,5 SDR per kilogram ou 835 DTS per package or unit, whichever is the higher
    National and international air transport :
17 SDR per kilogram (Montreal Convention)
16,5837 DTS per kilogram of gross weight (Warsaw Convention).

Rail Transport:
France:
Intermodal Transport unit (ITU) : € 14 per kilogram of gross weight of the goods lost or damaged loaded in the ITU or for this Unit itself.
€ 2300 per tonne of gross weight per ITU, without exceeding € 65 000 per wagon
Other than ITU : 17 SDR per kilogram of gross weight
International :
Vilnius Convention (COTIF) : 17 SDR per kilogram of gross weight

 

Goods insurance during transports

The goods are insured under the conditions stated above, depending on the method of transport ;

On written request when placing your transport order or when requesting a quotation, we can make a declaration of value, which shall lead to additional fees called Ad Valorem ;

You will have to indicate to us the nature of the goods and the value to be declared.

What are the dimensions of a 19T carrier with tailgate?

  • Overall dimensions= 10m x 2.90m (to the rear-view mirrors) x 4.00m (Length X width X height), 
  • Useful dimensions = 7.2m x 2.40m x 2.50m, 9 tonnes load capacity, 18 pallets

Useful dimensions of a semi-trailer?

(Length X width X height) and maximum weight= 13.50m x 2.40m x 2.70, 28T load capacity, 33 pallets

Useful dimensions of a 20m3 light duty truck

(Length X width X height) and maximum weight = 4.00m x 2.10m x 2 à 2.15m, 800kg load capacity / 6 to 8 pallets

What is a Taut Liner?

A Taut liner is a semi-trailer which tarpaulin is removable by the side and often by the roof. A semi-trailer and a cargo van avec metal sides and roofs, thus they are rear-loaded only..

Do you provide daily service?

Our organisation does provide a daily service with identical transport plan from Monday to Friday for the pallet network and in the evenings and week-ends for special transport services (express, handling-lifting, special event management…)