Terms of sales
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LPS – Logistiques et Prestations de Services SAS
SAS, capital of 155 120 €
RCS Salon de Provence B 407 903 640
Z.I des Estroublans – 44 Bd de l’Europe 13127 Vitrolles.
ITP – Inter Transit Pharma SAS
SAS, capital of 50 100 €
RCS Salon de Provence B 418 332 011
Z.I des Estroublans – 44 Bd de l’Europe 13127 Vitrolles.
ITPL – Inter Transit et Prestations Logistiques SAS
SAS, capital of 20 120 €
RCS Salon de Provence B 502 195 803
Z.I des Estroublans – 44 Bd de l’Europe 13127 Vitrolles.
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ITP - ITPL
OBJECT AND SCOPE
The purpose of these conditions is to define the terms and conditions of execution by a "Transport and / or Logistics Operator", hereinafter referred to as the "OTL", for whatever reason (air cargo agent, shipping agent). , freight forwarder, freight broker, warehousekeeper, agent, material handler, licensed or unauthorized customs broker, freight forwarder, carrier, etc.), activities and services relating to the physical movement of items and / or the management of consignments flow of goods, packed or unpackaged, of all kinds, from all sources, for all destinations, at a freely agreed price ensuring fair remuneration for services rendered, both internally and internationally.
Any engagement or operation whatsoever with the "Transport and / or Logistics Operator" implies acceptance, without any reserve, by the client of the conditions defined below. Whatever the transport technique used, the present conditions regulate the relations between the client and the "Transport and / or Logistics Operator". '' The transport operator and / or logistics '' performs the services requested under the conditions provided in particular in Article 7 below.
No special conditions or other general conditions emanating from the principal can, unless formal acceptance of the 'Transport and / or Logistics Operator', prevail over the present conditions.
For the purpose of these Terms and Conditions, the following terms are defined as follows:
2-1. – ORDERING PARTY : By ordering party, we mean the party who contracts the service with the Transport and / or Logistics Operator, or even with the Customs Broker.
2-2. – PACKAGE : Package means an object or a material set composed of several objects, whatever the weight, dimensions and volume, constituting a unitary charge during delivery to transport (bin, cage, crate, canteen, cardboard , container, envelope, burden, bale, package, rimmed or filmed pallet, roll, bag, suitcase, etc.), conditioned by the sender before taking over, even if the contents are detailed in the transport document.
2-3. – SHIPMENT : "Shipment" means the quantity of goods, packaging and load support included, actually placed, at the same time, at the disposal of the transport and / or logistics operator and whose movement is requested by the same donor. order for the same consignee of a single loading place at a single unloading place and included in the same title.
PRICE OF SERVICES
3.1. - Prices are calculated on the basis of the information provided by the principal, taking into account in particular the services to be performed, the nature, weight and volume of the goods to be transported and the routes to be taken. Quotations are based on the foreign exchange rate at the time the quotations are given. They are also based on the conditions and rates of the substituted and the laws, regulations and international conventions in force. If one or more of these basic elements were modified after the submission of the quotation, including by the substitutes of the OTL, in an opposable way to the latter, and on the proof reported by it, the prices originally given would be modified under the same conditions. The same applies to any unforeseen event, including any modification of any of the elements of the service. Among other things, it concerns the price of fuels whose variation must be taken into account, in accordance with the provisions of Articles L. 3222-1 and L. 3222-2 of the Transport Code.
3.2. - Prices do not include duties, taxes, fees and taxes due under any regulation, including tax or customs (such as excise duties, entry fees, etc.).
3.3. - The prices initially agreed upon are renegotiated at least once a year on the anniversary date of the contract. They are also revised in the event of significant changes in the expenses of the OTL, charges that are most often related to conditions outside the OTL, such as in particular the price of fuel as stated in the previous paragraph (3.1.) . If the parties can not agree on new tariff conditions, each of them may terminate the contract under the conditions set out in Article 12 below.
No insurance is underwritten by O.T.L. without a written and repeated order from the client for each shipment, specifying the risks to be covered and the values to be guaranteed. If such an order is given, the O.T.L., acting on behalf of the principal, contracts insurance with a reputable insurance company at the time of the hedge. In the absence of a precise specification, only ordinary risks (excluding risks of war and strikes) will be insured.
Speaker, in this case, as agent, O.T.L. can not be considered under any circumstances as an insurer. The conditions of the policy are deemed known and agreed by the senders and recipients who bear the cost. A Certificate of Insurance will be issued, if requested.
EXECUTION OF SERVICES
OBLIGATIONS OF THE ORDERING PARTY
6.1. - Packaging and labeling:
6.1.1. – Packaging: The goods must be packaged, packaged, marked or countermarked, in such a way as to support a transport and / or a storage operation carried out under normal conditions, as well as the successive handling operations which necessarily occur during the course of these operations.
It must not constitute a cause of danger to driving or handling personnel, the environment, the safety of transport units, other goods transported or stored, vehicles or third parties.
The customer is solely responsible for the choice of packaging and its ability to withstand transport and handling. In the event that the client entrusts to O.T.L. goods in contravention of the aforementioned provisions, he would be held solely responsible without recourse against the O.T.L. damage of any kind that they may cause.
6.1.2 – Labelling: On each package, object or load carrier, clear labeling shall be made to allow immediate and unambiguous identification of the consignor, the consignee, the place of delivery and the nature of the goods. Label statements must match those on the shipping document.
6.1.3. – Responsability: The ordering party is responsible for all the consequences of an absence, insufficiency or defectiveness of the packaging, packaging, marking or labeling.
6.2. - Sealing:
Complete trucks, semi-trailers, swap bodies, containers, once the loading operations have been completed, must be sealed by the shipper himself or by his representative.
6.3. - Reporting obligations:
The ordering party is liable for all the consequences of a breach of the obligation to inform and declare the exact nature and specificity of the goods when the latter requires special provisions, particularly in view of their value. and / or the greed it is likely to arouse, its dangerousness or its fragility. In addition, the client expressly undertakes not to return to O.T.L. illegal or prohibited goods (eg counterfeit goods, narcotics, etc.).
The ordering party shall bear alone, without recourse against the OTL, the consequences, whatever they may be, resulting from statements or documents which are erroneous, incomplete, inapplicable, or provided late, including the information necessary for the transmission of any summary declaration required by the customs regulations, in particular for the carriage of goods from third countries.
6.4. – Reserves:
In the event of loss, damage or any other damage to the goods, or in the event of delay, it is the responsibility of the consignee or receiver to make regular and sufficient findings, to take reasoned reservations and in general to carry out all the acts useful to the conservation of the recourses and to confirm the said reservations in the forms and the legal deadlines, otherwise action can not be exerted against the OTL or its substitutes.
6.5 - Refusal or failure of the recipient:
In case of refusal of the goods by the recipient, as in case of failure of the latter for any reason whatsoever, all the initial and additional costs due and incurred on behalf of the goods will remain the responsibility of the payer.
6.6. - Customs' formalities :
If customs operations are to be performed, the principal guarantees the customs agent of all the financial consequences resulting from erroneous instructions, unenforceable documents, etc. resulting in general liquidation of rights and / or additional taxes, fines, etc ... of the administration concerned. In case of customs clearance of goods in favor of a preferential regime concluded or granted by the European Union, the client guarantees to have done all the diligence within the meaning of the provisions of the Community Customs Code to ensure that all conditions for the treatment of the preferential regime were respected. The principal must, at the request of the O.T.L., Provide the latter, within the required time, with any information requested from him under the requirements of the customs regulations. The non-provision of this information within this period has the effect of making the principal responsible for all the damaging consequences of this failure for delays, extra costs, damages, etc. However, the quality rules and / or technical standardization of the goods under the sole responsibility of the principal, he is responsible for providing the all documents (tests, certificates, etc.) required by the regulations for their circulation. The O.T.L. does not incur any liability as a result of the non-compliance of the goods with the said quality or technical standardization rules. The authorized customs broker clears under the direct representation mode, in accordance with Article 5 of the Community Customs Code.
7.1. - Liability due to substitutes:
The responsibility of O.T.L. limited to that incurred by the substitutes in the context of the operation entrusted to it. When the compensation limits of intermediaries or substitutes are not known or are not the result of mandatory or legal provisions, they are deemed identical to those set out in Article 7.2 below.
7.2. - Personal Responsibility of the Transport Operator and / or Logistics (O.T.L.):
The compensation limitations listed below constitute the counterpart of the liability assumed by the O.T.L.
7.2.1. - Losses and damages: in all cases where the ITO 's personal liability is engaged, for whatever cause and for whatever reason, it is strictly limited to all damage to the goods attributable to the maritime transport operation as a result of losses and damage and for all the consequences which may result therefrom, at 2 SDR per kilogram of gross weight of missing or damaged goods, which may not exceed, irrespective of the weight, volume, dimensions, nature or value of the goods concerned, an amount exceeding 666.67 SDR per package or unit, whichever is the lower. (Brussels Convention of 1968, revised in 1979). In the event of an air shipment, the limit of responsibility of the ITO will, in the event of a claim, be 16.58 SDR per kilogram of gross weight of missing or damaged goods without being able to exceed, whatever the weight, the volume, the dimensions, the nature, or the value of the goods concerned, an amount greater than the value of the goods per package or unit, the lowest limit being retained without being able to exceed a ceiling of 30,000 euros per claim. For all other modes of transport (road, rail, river), OTI will oppose the current legal limitations of liability.
7.2.2. - Other damage: For all other damages, including in case of delay of delivery duly noted, in case his personal liability is incurred, the repair due by the Transport and / or logistics operator is strictly limited to the price of the transport of the goods. (duties, taxes, and other expenses excluded) or to that of the service at the origin of the damage, object of the contract. This indemnity may not exceed that which is due in the event of loss or damage to the goods. For all damages resulting from a failure in the performance of the logistics service, subject of the contract, the repair due by the logistics operator, in case his personal liability is incurred, is strictly limited to the price of the service to the origin of the damage without being able to exceed a maximum of 30 000 Euros per event. In no event shall the responsibility of the ITO exceed the amounts set above.
7.3. - Quotations:
All quotations given, all ad hoc price offers provided, as well as general rates are established and / or published taking into account the limitations of liability stated above (7.1 and 7.2.)
7.4. - Statement of value or insurance: The payer is always entitled to subscribe to a declaration of value which, fixed by him and accepted by the TLO, has the effect of substituting the amount of this declaration for the compensation limits indicated above (Articles 7.1. and 7.2.1.). This declaration of value will result in a price supplement. The Client may also instruct the TLO, in accordance with Article 4 (Insurance of Goods), to take out insurance on his behalf, subject to the payment of the corresponding premium, specifying the risks to be covered and the values to be guaranteed. The instructions (declaration of value or insurance) must be renewed for each operation.
7.5. - Special interest in delivery: The client is always entitled to make a special declaration of interest on delivery which, fixed by him and accepted by the TLO, has the effect of substituting the amount of this declaration for the compensation limits indicated below. above (Articles 7.1 and 7.2.2.). This declaration will result in a price supplement. The instructions must be renewed for each operation.
9.1. - The services are payable cash upon receipt of the invoice, without discount, instead of their issue. The client is always responsible for their acquittal.
9.2. - The unilateral compensation of the amount of the alleged damages on the price of the services due is prohibited.
9.3. - If payment deadlines are granted, they may not, in any case, exceed thirty days from the date of issue of the invoice for all services performed by freight forwarders and freight carriers. as well as for all those carried out by shipping and / or air freight agents, customs agents, freight brokers and freight forwarders in accordance with the provisions of Article L.441-6 paragraph 11 of the Code of trade.
9.4. - Any delay in payment entails, by right, the day following the settlement date appearing on the invoice, the payment of interest on late payment of an amount equivalent to the interest rate applied by the European Central Bank (ECB) its most recent refinancing operation, increased by ten percentage points and fixed in accordance with the procedures set out in Article L..441-6 paragraph 12 of the French Commercial Code, as well as a lump sum indemnity for recovery costs of an amount of 40 euros pursuant to Article D.441-5 of the French Commercial Code, without prejudice to the possible reparation, under the conditions of ordinary law, of any other damage resulting directly from this delay.
9.5. - The due date of the payment, the interest rate of the late payment penalties, as well as the lump sum compensation for recovery costs must be included in the invoice.
9.6. - Any partial payment on the agreed due date will be charged first to the non-privileged portion of the receivables. The non-payment of a single term will carry without formalities forfeiture of the term, the balance becoming immediately due even in case of acceptance of effects.
DURATION OF THE CONTRACT AND TERMINATION
12.1. - In the event of a contract of indefinite duration between the payer and the TLO, which seals the lasting relations that the parties wish to establish between them, this contract may be terminated at any time by one or by the other party by sending a registered letter with acknowledgment of receipt giving one month's notice when the time already elapsed since the beginning of the execution of the contract is not more than six months. Notice is extended to two months when this time is greater than six months and less than one year. When the duration of the relationship is greater than one year, the notice is extended to three months.
12.2. - During the notice period, the parties undertake to maintain the economy of the contract.
12.3. - In the event of serious or repeated, proven breaches of one of the parties to its commitments and obligations, the other party must send a reasoned formal notice by registered letter with acknowledgment of receipt. If it remains ineffective within the period of one month, during which time the parties may attempt to get closer, it may be terminated definitively the contract, without notice or compensation, by registered letter with acknowledgment of receipt taking note of the failure of the negotiation attempt.
12.4. - All actions relating to the above provisions are prescribed within the period of one year in accordance with those referred to in Article 11 mentioned above (PRESCRIPTION).
CANCELLATION - INVALIDITY
ATTRIBUTIVE CLAUSE OF JURISDICTION
In case of dispute or dispute, only the Courts of the Head Office of the Transport Operator and / or Logistics are competent, even in case of plurality of defendants or calls in warranty.
These General Terms and Conditions of Sale of the Union of Transport and Logistics Companies of France (TLF) replace those published on November 2, 2011 and come into force on January 1, 2013 (January 1, two thousand and thirteen).
APPLICATION ET OPPOSABILITE
These general conditions of sale are applicable to all commercial relations with the buyer.
As a result, placing an order implies the full and unreserved acceptance of the buyer to these general conditions of sale. No special condition may - unless prior written acceptance of the seller - prevail against the general conditions of sale.
Any contrary conditions resulting in particular from general conditions of purchase, will be, in the absence of express acceptance, unenforceable to the salesman, whatever the moment when they could be brought to his knowledge.
If, for any reason, any of the provisions prove ineffective or inapplicable, these terms of sale will not be affected thereby. In this case it would be substituted for the ineffective or inapplicable provision, a valid and applicable provision having an equivalent economic scope and entailing similar commitments for the buyer.
Our sales are subject to French law.
Prices are subject to a quote or a pro-forma invoice prior to any orders.
They are established duty free, departure from our stores, packaging and shipping not included, unless special written agreement between the parties.
Unless otherwise agreed, our sales are payable in cash and without discount.
Payment periods may be defined between the parties after negotiations within the framework of the legal provisions.
Any amount not paid at the due date automatically entails the application of penalties of late payment, an amount equal to three times the legal interest rate, without prejudice to any other damage and interest.
In case of late payment of more than 30 days, the sale may be terminated automatically with return of the goods. The resolution will affect not only the order in question but also all previous unpaid orders, whether delivered or being delivered. For new orders, we reserve the right to request payment before delivery.
Notwithstanding any prior agreement, any deterioration in the credit of the buyer may justify the requirement of collateral or cash settlement, prior to execution of orders received.
DELIVERY TIME AND DELIVERY OF GOODS
RETURN AND EXCHANGES
Without express and prior agreement on our part, no return or exchange will be accepted. In case of return or express exchange accepted, the shipping costs will be borne by the sender.
Any delivery or removal of goods must be carefully checked by the customer.
Our goods always travel at the risk of the recipient. In case of delay, missing, damage, etc ... the recipient must, upon delivery, make all reservations with the carrier. Any product that has not been subject to reservations by registered letter within 3 days with the carrier and a copy of which will be sent simultaneously to our company will be considered as accepted by the buyer. Without prejudice to the provisions to be taken vis-à-vis the carrier, in case of apparent defects or missing, any claim relating to the goods delivered, will be admissible by our company only if it is done in writing, by registered letter AR in the 3 days of the reception.
When after inspection, an apparent defect or a missing is actually found by our company or its representative, our responsibility is strictly limited to the replacement of the delivered goods and / or the complement to bring to the exclusion of all expenses, indemnity or intangible damage. In other words, no compensation, other than the possible exchange (by its manufacturer) of the product concerned can not be due under a delivery or a product recognized as defective.
The responsibility of our company can not in any case be blamed for facts during transport, destruction, damage, loss or theft, even if it chose the carrier.
Our products are fully entitled to the manufacturer's warranty in the conditions of assembly, use and / or maintenance defined by it. In case of dispute, the general conditions of guarantee of the manufacturer of the offending material will be applied. No other compensation may be claimed for any reason whatsoever.
RESERVE OF PROPERTY
In accordance with the provisions of Law No. 80.335 of May 12, 1980, the seller retains full ownership of the goods until actual payment of the invoice price. However, the buyer bears the risk of damage that they may suffer or cause between delivery and non-payment.
PLACE OF JURISDICTION AND APPLICABLE LAW
In the event of litigation, the commercial court of the registered office of our company will be only competent, even in case of call in guarantee or plurality of Defendants. The attribution of jurisdiction is general and applies whether it is a main claim, an incidental claim, an action on the merits or an interlocutory claim. Any question relating to these general conditions of sale and the sales they govern, is governed by French law to the exclusion of all other rights, and suppletive, by the Vienna Convention on the International Sale of Goods.