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,