SOCAFNA General conditions of transport and service
Article 1: Object and field of application
In the silence of these provisions, the parties refer to national rules, namely to the provisions of article D.3222-1 appendix II of the Transports Code and of article D.3225-5 Ibid appendix V, as well as to international right, namely to the CMR Convention of Geneva. Unless special negotiated and written conditions, any service or transport entrusted to our society is governed by the present General Conditions. Any order entrusted to our society means a previous express acceptance of these general conditions.
Article 2: Pricing of Services
Our transport and logistical services tariffs are based both on the contextual economic conditions and on the tariffs in force. In case these conditions change, they can be modified or suspended without notice. The billing includes oil price indexation, calculated according to the C.N.R index. It can either be integrated in the global price, or be a foot of invoice.
Any dispute which does not fall within the responsibility of our company leads to the application of file fees, which will be included in the bill.
Article 3: completion of services
Any transportation service ensured by our ordering customer is freely accepted and corresponds to the mileage rate of the company, according to the price conditions in force.
For each delivery, complete instructions have to be given to our company in written form and in good time. Our company has no obligation to check-up the accuracy of the provided documents, nor of the declared weight. Ordering customers are responsible for possible consequences of erroneous or late statements (including penal consequences).
The customer must ensure that the packaging and the resistance of the packaging are adapted to the nature and to the conservation of the goods, as well as to the successive handlings occurring during the transportation and / or the storage. The customer accepts all the consequences of a packaging, marking or labelling lack, inadequacy or defect.
Article 4: Modality and schedule
Unless contrary stipulations, and with the exception of less than 3 tons shipments, loading, stalling and storage operations are under the responsibility of the ordering customer.
Unless contrary stipulations and with the exception of less than 3 tons shipments unloading operations are also placed under customer responsibility.
The ordering customer undertakes to indicate a temperature corresponding to the goods to be taken in charge by the carrier.
The delivery places specified by the ordering customer must be accessible to the carrier.
The schedule relating to the carrier vehicle provision has to be respected, in accordance with the provisions of Articles D.3222-1 and appendixes with the Transport Code stipulations.
In case the carrier misses an appointment, contractual delays are applicable (3 hours) with a 15 minutes extension.
In case the overrun schedule is not due to the carrier, it will receive an extra payment to compensate the vehicle immobilization.
Article 5: Responsibilities in case of damage or schedule overrun
To be admissible, the claims have to be formulated upon receipt of the goods, in a clear and precise way, directly on our vouchers or/ and car letters. Once commented, these vouchers have to be restituted two hours after the delivery. They have to be drafted in a contradictory way, i.e. in attendance of our employee.
These claims will then be estimated, invoiced and confirmed by a registered letter in the 3 days following the delivery of the goods (Article L133-3 of the Commercial Code). Otherwise, recourse may not be taken against our company or its representatives.
In the case of loss or damage of the goods:
Our responsibility, both as commissionaire and as carrier, is strictly limited to the responsibility of the carriers and agents, to whom we trust the execution of our mandate.
For less than 3 tons shipments, this allowance may not exceed 23 € per gross weight kilogram of missing or damaged goods for each of the objects included in the shipment, in the limit of 750 € per lost, incomplete or damaged package, whatever its weight, volume, dimensions, nature or value. For more than 3 tons shipments this allowance may not exceed 13 € per gross weight kilogram of missing or damaged goods for each of the objects included in the shipment, in the limit of the gross weight in tons multiplied by 4000 € per lost, incomplete or damaged package, whatever its weight, volume, dimensions, nature or value.
The compensation for loss or damage is reduced by one third in case of destruction or rescue sale prohibition of a perishable good, ordered by the ordering customer. In the case of goods depreciation, common law provisions will be applied and our company reserves the right to proceed to an amicable expertise to determine the cause and the amount of the possible damages suffered by the goods.
The opposing parties are committed to make their best in order to save the goods in case of refusal.
In case of delay:
In case of proved incapability of our company and regardless of the tonnage of the sending, the delay compensation owed by our company is limited to the amount of the transport price. No claim will be accepted in case of unproved goods’ damage. The plaintiff carries the responsibility for the proof. Any delay related to a picking up delay will be rejected.
Article 6: insurance, declaration of value
The ordering customer must be in perfect conformity with the guarantees of his insurance companies, both at damages level and at civil liability level.
The customer must inform our company about the value of the transported goods and perform, when appropriate, a declaration of value, which may lead to an extra compensation for our company. Our company shall not underwrite any insurance police without a written and repeated order for each shipment, specifying the risks to cover and the values to guarantee.
Article 7 : Billing and Payment Terms
In accordance with Article L441-6 of the Commercial Code, our invoices are payable within 30 days from their date of issue. Any delay will mean the application of a penalty delay i.e. 3 times the legal rate in force. By express convention, a non-payment in time, will also mean the implementation of a penal clause equal to 15% of the unpaid amount, in addition to judicial costs and legal interests.
The non-payment of a single invoice in time makes immediately payable, without notice procedure, all pending owing or accruing receivables.
The unilateral posting of a litigious invoice or the issuing of a credit on the price of the transport are prohibited. No payment freezing can exceed the amount of the credit request.
Any amount, including advances, unpaid at the due date, will generate delay interests corresponding to three time the legal annual rate [or the rate applied by the European Central Bank in its most recent refunding operation majored by 10%] as well as the payment of a forty euros (40 €) lump sum corresponding to the recovery costs.
In case of prepayment, no discount will be applied.
Article 8: Cancellation – Disability
In case one of the provisions of these General Terms and Conditions is declared null or deemed unwritten, all further provisions remain applicable.
Article 9: Applicable law – Jurisdiction – Prescription
The present Sale General Conditions are governed by French law.
In case of dispute, the Commercial Court of Perpignan (66) has full competence to hear the dispute, even in case of multiple defendants or the introduction of third parties, and notwithstanding any clause conferring jurisdiction to another Court, which might appear on the documents of the consignor, the consignee or any other intervenor.
Any claim relating to our various services is prescribed in a period of one year from the date of realization. Any subsequent claim will be inadmissible, in accordance with Article L133-1 of the Commercial Code.