- TRANSPORTS MARCHÉ
- 31 Avenue du 8 Mai 1945 - 77290 Mitry Mory
- +33(0)1 60 21 57 66
The purpose of these general terms and conditions is to govern the contractual relations between an ordering party and a “Transport and/or Logistics Operator”, hereinafter referred to as the TLO, in respect of any commitment or operation whatsoever pertaining to the physical movement, by any mode of transport, and/or the physical or legal management of storage and flow of goods, whether packaged or not, of any origin and for any destination and/or pertaining to the management of any flow of electronic or hardcopy information.
The terms and notions used in the French version of these General Terms and Conditions are defined as per French standard regulatory agreements in force.
These general terms and conditions prevail over any other general or special terms and conditions issued by the ordering party.
In the event that any special terms and conditions agreed with the ordering party do not cover a particular point, the general terms and conditions continue to apply.
2.1 – Prices are calculated on the basis of information provided by the customer, taking into account in particular the services to be pPrices are calculated on the basis of information provided by the ordering party, 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. Prices are quoted based on exchange rates in effect at the time that the quotations are given. Quotations also depend on the terms and rates of substituted parties as well as the laws, regulations and international conventions in force. Should one or more of these basic elements be amended after submission of the quotation, including by the substituted parties of the TLO, in a manner binding upon the latter, and subject to evidence provided by the latter, the prices initially indicated shall be amended on the same terms. The same applies where unforeseen events arise, regardless of their nature, leading to a change to any part of the service.
2.2 – Prices do not include duties, taxes, fees or levies due pursuant to any regulations, in particular tax or customs regulations.
2.3 – The initially agreed prices are renegotiated at least once a year.
No insurance is taken out by the TLO without a written and confirmed order from the ordering party for each shipment, specifying the risks to be covered and the values to be insured.
Where such an order is given, the TLO, acting on behalf of the ordering party, shall take out insurance with an insurance company known to be creditworthy at the time of coverage. Unless specifically stipulated, only ordinary risks (excluding war and strike risks) will be insured.
The TLO, acting in this specific case as agent, shall not be considered as an insurer under any circumstances. The terms and conditions of the insurance policy are deemed to be known and approved by the shippers and recipients, who shall bear the cost thereof. An insurance certificate will be issued on request.
The dates of departure and arrival that may be communicated by the TLO are given for information purposes only. The ordering party must issue all necessary instructions in due course to the TLO for the performance of transportation, ancillary, and/or of logistics services.
The TLO is not required to verify the documents (sales invoice, packing note, etc.) provided by the ordering party.
All instructions specific to delivery (payment on delivery, declaration of value or insurance, special interest in delivery, etc.) must be the subject of a written and confirmed order for each shipment and the express acceptance of the TLO.
5.1 – Packaging and labelling:
5.1.1 – Packaging:
The goods must be packed, wrapped, marked or countermarked so as to withstand transport and/or storage performed under normal conditions, as well as the successive handling operations that necessarily take place during such operations.
The goods must not constitute a hazard for drivers or handlers, the environment, the safety of transport equipment, other goods carried or stored, vehicles or third parties.
The ordering party is solely responsible for the choice of packaging and its ability to withstand transport and handling.
5.1.2 – Labelling:
Clear labelling must be used on each parcel, item or load unit to allow immediate and unequivocal identification of the sender, the recipient, the place of delivery and the nature of the goods. The label information must match the information on the transport document. Labelling must also comply with all applicable regulations, notably those pertaining to hazardous products.
5.1.3 – Liability:
The ordering party shall be liable for all consequences arising from any lack of, inadequate or defective packing, packaging, marking or labelling.
5.2 – Sealing:
Fully loaded trucks, semi-trailers, swap bodies and containers shall be sealed by the loader himself or his representative once the loading oOnce loading operations are completed, the lorries, semi-trailers, swap bodies and containers are sealed by the loader or its representative.
5.3 – Declaratory obligations:
The ordering party shall be liable for all the consequences resulting from any failure to perform the duty of information and declaration on the exact nature and specific characteristics of the goods when the latter are subject to special provisions, particularly in view of their value and/or desirability, hazardous nature or fragility. The obligation to provide information is also applicable to the declaration of the Verified Gross Mass of a container in accordance with the SOLAS Convention. Furthermore, the ordering party expressly undertakes not to hand over illegal or prohibited goods (e.g. counterfeit products, drugs, etc.) to the TLO.
The ordering party is solely liable, with no right of redress against the TLO, for any consequences whatsoever resulting from incorrect, incomplete, unenforceable or late declarations or documents, including the information necessary for the transmission of any declaration required by customs regulations, notably for the transport of goods from third countries.
5.4 – Reserves:
In the event of loss, breakage or any other damage suffered by the goods, or in the event of delay, it is the responsibility of the recipient or In the event the goods are lost, damaged or impacted by any other problem, or in the event of a delay, it is the responsibility of the recipient or the receiving agent to make regular and sufficient observations, to express reasoned reserves and in general to carry out any action needed to protect their claims and confirm the said reserves, in legal form and within legal time frames, failing which no action may be taken against the TLO or its substituted parties.
5.5 – Refusal or default by the recipient:
IIn the event the recipient refuses the goods, and where the later defaults for any reason whatsoever, the ordering party shall be liable for any initial and additional costs due and incurred in connection with the goods.
5.6 – Customs formalities:
If customs operations need to be completed, the ordering party guarantees the customs representative against all financial consequences arising from incorrect instructions, unenforceable documents, etc., which generally entail the levying of additional duties and/or taxes, the blocking or seizure of the goods, fines, etc. by the authorities concerned.
In the event of customs clearance of goods under a preferential status provided for or granted by the European Union, the ordering party guarantees that it has taken all necessary steps within the meaning of the customs regulations to ensure that all the conditions for those preferential arrangements have been fulfilled.
The ordering party must, at the request of the TLO, provide the latter, within the required time frame, with any information that is required under customs regulations. The ordering party shall be liable for any prejudicial consequences arising from the failure to provide this information within the prescribed time limit, such as delays, extra costs, damage, etc.
However, since [compliance with] the rules on the quality and/or technical standardisation of the goods is the sole responsibility of the ordering party, it is the latter’s responsibility to provide the TLO with all documents (tests, certificates, etc.) required by the regulations for the transportation of the goods. The TLO shall incur no liability for the non-compliance of the goods with the said quality or technical standardisation rules.
The customs representative handles customs clearance in direct representation mode, in accordance with Article 18 of the Union Customs Code.
5.7 – Payment on delivery
The stipulation of payment on delivery does not constitute a declaration of value and therefore does not alter the rules on compensation for loss and damage as defined in Article 6 below.
For any proven loss attributable to the TLO, the latter is liable only for damages foreseeable at the time the contract was entered into and which are an immediate and direct result of a breach as defined under Articles 1231-3 and 1231-4 of the French Civil Code.
These damages are strictly limited to the amounts set out hereunder.
The limitation of compensation as indicated hereunder constitutes consideration for the liability borne by the TLO.
6.1 – Liability for substituted parties:
The liability of the TLO is limited to that incurred by the substituted parties in the context of the operation entrusted to the TLO. When the compensation thresholds of substituted parties are unknown, non-existent or do not result from mandatory provisions, they are deemed to be identical to those set out in Article 6.2 hereunder.
6.2 – Personal liability of the transport and/or logistics operator (TLO) :
6.2.1 – Losses and damage:
In all cases where the TLO is held personally liable, for any reason and in any respect whatsoever, its liability is strictly limited, for all In all cases where the personal liability of the TLO is incurred, for whatever reason and in whatever capacity, it is strictly limited for all damage to goods attributable to losses and damage during the operation, and any consequences resulting there from, to €20 per kilogram of the gross weight of missing or damaged goods without exceeding, regardless of the weight, volume, dimensions, nature or value of the goods concerned, an amount greater than the sum of the gross weight of the goods expressed in tonnes multiplied by €5,000 with a maximum of €60,000 per event.
6.2.2 – Other damage:
For all other damage, including duly acknowledged delays in delivery, in the event that the TLO’s personal liability is incurred, the compensation due by the TLO is strictly limited to the price of the transport of the goods (excluding duties, taxes and sundry costs) or to the price of the service at the origin of the damage, which is the subject of the contract. This compensation may not exceed that due in the event of loss or damage to the goods.
6.2.3 – Customs liability:
The TLO’s liability for any customs transaction or indirect contribution operations undertaken by it or by its subcontractors may not exceed the sum of €5,000 per customs declaration, without exceeding €50,000 per adjustment year and, in any event, €100,000 per adjustment notification.
6.3 – Quotations:
All quotations given, all one-off price proposals provided, and the general rates are established and/or published taking into account the limitations of liability set out above (6.1 and 6.2).
6.4 – Declaration of value or insurance:
The ordering party may if it chooses make a declaration of value which, set by it and accepted by the TLO, has the effect of substituting the amount of that declaration for the compensation limits indicated above (Articles 6.1 and 6.2.1). This declaration of value will result in an additional charge.
The ordering party may also instruct the TLO, in accordance with Article 3 (Goods Insurance), to take out insurance on its behalf, in return for payment of the corresponding premium, specifying the risks to be covered and the values to be insured. This insurance shall include a waiver of recourse against the TLO and its insurers, under the terms of Article 6.2.1.
These instructions (declaration of value or insurance) must be renewed for each operation.
6.5 – Special interest in delivery:
The customer always has the right to make a declaration of special interest in delivery which, set by it and accepted by the TLO, has the effect, in the event of delay, of replacing the limits of compensation indicated above (Articles 6.1 and 6.2.2) with the amount of this declaration. This declaration shall result in an additional
The ordering party may if it chooses make a declaration of special interest in delivery which, set by it and accepted by the TLO, has the effect, in the event of delay, of substituting the amount of this declaration for the compensation limits set out above (Articles 6.1 and 6.2.2). This declaration will result in an additional charge.
These instructions must be renewed for each operation.
7.1 – Services are payable in cash on receipt of the invoice, with no discount, where the invoice was issued, within a period that may in no case exceed thirty (30) days from the date of issue of the invoice. The ordering party always guarantees settlement thereof. In accordance with Article 1344 of the French Civil Code, the debtor is deemed to have been served notice when the obligation of payment falls due.
7.2 – Unilateral offsetting of the amount of alleged damage against the price of the services due is prohibited.
7.3 – Any delay in payment shall automatically give rise, on the day following the date of payment specified in the invoice, to the payment of default interest equivalent to the interest rate applied by the European Central Bank (ECB) in its most recent refinancing operation plus ten (10) percentage points, determined in accordance with the procedures defined in paragraph 12 of Article L. 441-6 of the French Commercial Code, as well as a €40 fixed-rate compensation for recovery costs pursuant to Article D. 441-5 of the French Commercial Code, without prejudice to any compensation provided by general legal provisions for any other damage resulting directly from this delay.
Any delay in payment shall, with no formalities, entail early repayment of any other debt owed to the TLO, which shall become immediately due, even in the event of acceptance of bills of exchange.
7.4 – Any partial payment shall be offset, in the first instance, against the non-preferential part of the debt.
Regardless of the capacity in which the TLO operates, the ordering party formally grants it a contractual right of retention, enforceable against all parties, and a contractual right of lien on all goods, assets and documents in the TLO’s possession, as security to guarantee any debt (invoices, interest, costs incurred, etc.) that the TLO holds against the ordering party, including those prior or unrelated to the operations carried out with regard to the goods, assets and documents that the TLO actually holds.
All actions that the contract into which the parties have entered may give rise to, whether for the main or ancillary services, are time-barred after one year from the performance of the disputed service under the said contract and, in the case of duties and taxes recovered retrospectively, from notification of the adjustment.
10.1 – In the event of an established commercial relationship, each party may terminate the contract at any time by sending a registered letter with acknowledgement of receipt, subject to the following notice periods:
One (1) month when the duration of the relationship is less than or equal to six (6) months;
Two (2) months when the duration of the relationship is greater than six (6) months and less than or equal to one (1) year;
Three (3) months when the duration of the relationship is greater than one (1) year and less than or equal to three (3) years;
Four (4) months when the duration of the relationship is greater than three (3) years, to which is added one (1) week per complete year of commercial relationship, without exceeding a maximum duration of six (6) months,
10.2 – During the notice period, the parties undertake to maintain the economics of the contract.
10.3 – In the event of serious or repeated proven breaches by one of the parties of its commitments and obligations, the other party shall be required to send it, by registered letter with acknowledgement of receipt, a reasoned formal notice. If the latter remains without effect for a period of one month, during which the parties may attempt to negotiate, the contract may be definitively terminated, without notice or compensation, by registered letter with acknowledgement of receipt noting the failure of the attempt to negotiate.
In the event that any of the provisions of these General Terms and Conditions of Sale is declared null and void or deemed not to exist, all other provisions shall remain applicable.
In the event of a dispute or claim, the Courts of the registered office of the Transport and/or Logistics Operator (TLO) shall have sole jurisdiction, even in the event of multiple defendants or third-party claims.
The French General Terms and Conditions for the Union of French Transportation and Logistics Companies (TLF) were published on 1 January 2017 (first of January two thousand and seventeen).
•
Article 1 – PURPOSE AND SCOPE
The purpose of these general terms and conditions is to govern the contractual relations between an ordering party and a “Transport and/or logistics Operator”, hereinafter referred to as the TLO, in respect of any commitment or operation whatsoever pertaining to the physical movement, by any mode of transport, and/or the physical or legal management of storage and flow of goods, whether packaged or not, of any origin and for any destination and/or pertaining to the management of any flow of electronic or hardcopy information.
The terms and notions used in the French version of these General Terms and Conditions are defined as per French standard regulatory agreements in force.
These general terms and conditions prevail over any other general or special terms and conditions issued by the ordering party.
In the event of specific conditions agreed with the ordering party, and unless the latter stipulates otherwise, the general conditions continue to apply.
2.1 – Prices are calculated on the basis of information provided by the ordering party, 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. Prices are quoted based on exchange rates in effect at the time that the quotations are given. Quotations also depend on the terms and rates of substituted parties as well as the laws, regulations and international conventions in force. Should one or more of these basic elements be amended after submission of the quotation, including by the substituted parties of the TLO, in a manner binding upon the latter, and subject to evidence provided by the latter, the prices initially indicated shall be amended on the same terms. The same applies where unforeseen events arise, regardless of their nature, leading to a change to any part of the service.
2.2 – Prices do not include duties, taxes, fees and levies due pursuant to any regulations, in particular tax or customs regulations.
2.3 – The initially agreed prices are renegotiated at least once a year.
No insurance is taken out by the TLO without a written and duplicated order from the ordering party for each shipment, specifying the risks to be covered and the values to be insured.
Where such an order is given, the TLO, acting on behalf of the ordering party, takes out insurance with an insurance company known to be creditworthy at the time of coverage. Unless specifically stipulated, only ordinary risks (excluding war and strike risks) will be insured.
The TLO, acting in this specific case as agent, shall not be considered as an insurer under any circumstances. The terms and conditions of the insurance policy are deemed to be known and approved by the shippers and recipients who bear the cost thereof. An insurance certificate will be issued on request.
The dates of departure and arrival that may be communicated by the TLO are given for information purposes only. The ordering party will issue all necessary instructions in due course to the TLO for the performance of transportation, ancillary, and/or of logistics services.
The TLO is not required to verify the documents (commercial invoice, packing note, etc.) provided by the ordering party.
All instructions specific to delivery (payment on delivery, declaration of value or insurance, special interest in delivery, etc.) must be the subject of a written and confirmed order for each shipment and the express acceptance of the TLO.
5.1 – Packaging and labelling:
5.1.1 – Packaging:
The goods must be packed, wrapped, marked or countermarked so as to withstand transport and/or storage performed under normal conditions, as well as the successive handling operations that necessarily take place during such operations.
The goods must not constitute a hazard for drivers or handlers, the environment, the safety of transport equipment, other goods carried or stored, vehicles or third parties.
The ordering party is solely responsible for the choice of packaging and its ability to withstand transport and handling.
5.1.2 – Labelling:
Clear labelling must be used on each parcel, item or load unit to allow immediate and unequivocal identification of the sender, the recipient, the place of delivery and the nature of the goods. The label information must match the information on the transport document. Labelling must also comply with all applicable regulations, notably those pertaining to hazardous products.
5.1.3 – Liability:
The ordering party shall be liable for all consequences arising from any lack of or an, inadequate or defective packing, packaging, marking or labelling.
5.2 – Sealing:
Once loading operations are completed, the lorries, semi-trailers, swap bodies and containers are sealed by the loader or its representative.
5.3 – Declaratory obligations:
The ordering party shall be liable for all the consequences resulting from any failure to perform the duty of information and declaration on the exact nature and specific characteristics of the goods when the latter are subject to special provisions, particularly in view of their value and/or desirability, hazardous nature or fragility. The obligation to provide information is also applicable to the declaration of the Verified Gross Mass of a container in accordance with the SOLAS Convention. Furthermore, the ordering party expressly undertakes not to hand over illegal or prohibited goods (e.g. counterfeit products, drugs, etc.) to the TLO.
The ordering party is solely liable, with no right of redress against the TLO, for any consequences whatsoever resulting from incorrect, incomplete, unenforceable or late declarations or documents, including the information necessary for the transmission of any declaration required by customs regulations, notably for the transport of goods from third countries.
5.4 – Reserves:
In the event the goods are lost, damaged or impacted by any other problem, or in the event of a delay, it is the responsibility of the recipient or the receiving agent to make regular and sufficient observations, to express reasoned reserves and in general to carry out any action needed to protect their claims and confirm the said reserves, in legal form and within legal time frames, failing which no action may be taken against the TLO or its substituted parties.
5.5 – Refusal or default by the recipient:
In the event the recipient refuses the goods, and where the later defaults for any reason whatsoever, the ordering party is liable for any initial and additional costs due and incurred in connection with the goods.
5.6 – Customs formalities:
If customs operations need to be completed, the ordering party guarantees the customs representative against all financial consequences arising from incorrect instructions, unenforceable documents, etc., which generally entails the payment of additional duties and/or taxes, the blocking or seizure of the goods, fines, etc. by the authorities concerned.
In the event of customs clearance of goods under a preferential status provided for or granted by the European Union, the ordering party guarantees that it has taken all necessary steps within the meaning of the customs regulations to ensure that all the conditions for those preferential arrangements have been fulfilled.
The ordering party must, at the request of the TLO, provide the latter, within the required time frame, with any information that is required under customs regulations. The ordering party shall be liable for any prejudicial consequences arising from the failure to provide this information within the prescribed time limit, such as delays, extra costs, damage, etc.
However, since the rules on the quality and/or technical standardisation of goods are the sole responsibility of the ordering party, it is the latter’s responsibility to provide the TLO with all documents (tests, certificates, etc.) required by the regulations for the circulation of the goods. The TLO incurs no liability for the non-compliance of the goods with the said quality or technical standardisation rules.
The customs representative handles customs clearance in direct representation mode, in accordance with Article 18 of the Union Customs Code.
5.7 – Payment on delivery:
The stipulation of payment on delivery does not constitute a declaration of value and therefore does not alter the rules on compensation for loss and damage as defined in Article 6 below.
For any proven loss attributable to the TLO, the latter is liable only for damages foreseeable at the time the contract was concluded and which are an immediate and direct result of a breach as defined under Articles 1231-3 and 1231-4 of the French Civil Code.
These damages are strictly limited to the amounts set out hereunder.
The limitation of compensation as indicated hereunder constitutes consideration for the liability borne by the TLO.
6.1 – Liability for substituted parties:
The liability of the TLO is limited to that incurred by the substituted parties in the context of the operation entrusted to the TLO. When the compensation thresholds of substituted parties are unknown, non-existent or do not result from mandatory provisions, they are deemed to be identical to those set out in Article 6.2 hereunder.
6.2 – Personal liability of the transport and/or logistics operator (TLO) :
6.2.1 – Loss and damage:
In all cases where the personal liability of the TLO is incurred, for whatever reason and in whatever capacity, it is strictly limited for all damage to goods attributable to losses and damage during the operation, and any consequences resulting there from, to €20 per kilogram of the gross weight of missing or damaged goods without exceeding, regardless of the weight, volume, dimensions, nature or value of the goods concerned, an amount greater than the sum of the gross weight of the goods expressed in tonnes multiplied by €5,000 with a maximum of €60,000 per event.
6.2.2 – Other damage:
For all other damage, including duly acknowledged delays in delivery, in the event that the TLO’s personal liability is incurred, the compensation due by the TLO is strictly limited to the price of the transport of the goods (excluding duties, taxes and sundry costs) or to the price of the service at the origin of the damage, which is the subject of the contract. This compensation may not exceed that due in the event of loss or damage to the goods.
6.2.3 – Customs liability:
The TLO’s liability for any customs transaction or indirect contribution operations undertaken by it or by its subcontractors may not exceed the sum of €5,000 per customs declaration, without exceeding €50,000 per adjustment year and, in any event, €100,000 per adjustment notification.
6.3 – Quotations:
All quotations given, all one-off price proposals provided, and the general rates are established and/or published taking into account the limitations of liability set out above (6.1 and 6.2).
6.4 – Declaration of value or insurance:
The ordering party may if it chooses make a declaration of value which, set by it and accepted by the TLO, has the effect of substituting the amount of that declaration for the limits of compensation indicated above (Articles 6.1 and 6.2.1). This declaration of value will result in an additional charge.
The ordering party may also instruct the TLO, in accordance with Article 3 (Goods Insurance), to take out insurance on its behalf, in return for payment of the corresponding premium, specifying the risks to be covered and the values to be insured. This insurance shall include a waiver of recourse against the TLO and its insurers, under the terms of Article 6.2.1.
These instructions (declaration of value or insurance) must be renewed for each operation.
6.5 – Special interest in delivery:
The ordering party may if it chooses make a declaration of special interest in delivery which, set by it and accepted by the TLO, has the effect, in the event of delay, of substituting the amount of this declaration for the compensation limits set out above (Articles 6.1 and 6.2.2). This declaration will result in an additional charge.
These instructions must be renewed for each operation.
7.1 – Services are payable in cash on receipt of the invoice, with no discount, where the invoice was issued, within a period that may in no case exceed thirty days from the date of issue of the invoice. The ordering party always guarantees settlement thereof. In accordance with Article 1344 of the French Civil Code, the debtor is deemed to have been served notice when the obligation of payment falls due.
7.2 – Unilateral offsetting of the amount of alleged damage over the price of the services due is prohibited.
7.3 – Any delay in payment shall automatically give rise, on the day following the date of payment specified in the invoice, to the payment of default interests equivalent to the interest rate applied by the European Central Bank (ECB) in its most recent refinancing operation plus ten percentage point and determined in accordance with the procedures defined in Article L. 441-6 paragraph 12 of the French Commercial Code, as well as a fixed-rate compensation for recovery fees of €40 pursuant to Article D. 441-5 of the French Commercial Code, without prejudice to any possible remedy, provided by general legal provisions, for any other damage resulting directly from this delay.
Any delay in payment shall, without formalities, entail the forfeiture of the term of any other debt owed to the TLO, which will become immediately due, even in the event of acceptance of bills of exchange.
7.4 – Any partial payment shall be offset, in the first instance, against the non-preferential part of the debt.
Regardless of the capacity in which the TLO operates, the ordering party formally grants it a contractual right of retention, enforceable against all parties, and a contractual right of lien on all goods, assets and documents in the TLO’s possession, as security to guarantee any debt (invoices, interest, costs incurred, etc.) that the TLO holds against the ordering party, including those prior or unrelated to the operations carried out with regard to the goods, assets and documents that the TLO actually holds.
All actions that the contract into which the parties have entered may give rise to, whether for the main or ancillary services, are time-barred after one year from the performance of the disputed service under the said contract and, in the case of duties and taxes recovered retrospectively, from notification of the adjustment.
10.1 – In the event of an established commercial relationship, each party may terminate the contract at any time by sending a registered letter with acknowledgement of receipt, subject to the following notice periods:
One (1) month when the duration of the relationship is less than or equal to six (6) months;
Two (2) months when the duration of the relationship is greater than six (6) months and less than or equal to one (1) year;
Three (3) months when the duration of the relationship is greater than one (1) year and less than or equal to three (3) years;
Four (4) months when the duration of the relationship is greater than three (3) years, to which is added one (1) week per complete year of commercial relationship, without exceeding a maximum duration of six (6) months,
10.2 – During the notice period, the parties undertake to maintain the contract’s economic provisions.
10.3 – In the event of serious or repeated proven breaches by one of the parties of its commitments and obligations, the other party shall be required to send it, by registered letter with acknowledgement of receipt, a reasoned formal notice. If the latter remains without effect for a period of one month, during which the parties may attempt to negotiate, the contract may be definitively terminated, without notice or compensation, by registered letter with acknowledgement of receipt noting the failure of the attempt to negotiate.
In the event that any of the provisions of these General Terms and Conditions of Sale is declared null and void or deemed not to exist, all other provisions shall remain applicable.
In the event of a dispute, either party may refer the matter to the competent court pursuant to Articles 42 to 46 of the French Code of Civil Procedure and, as concerns the client if it is the plaintiff, Article R. 631-3 of the French Consumer Code.
The client, if they so wish, may also refer the matter to the AME consumer ombudsman (Association des Médiateurs Européens), 197 bld. Saint-Germain, 75017 Paris, website: https://www.mediateurseuropeens.org. The client is informed that referral to the ombudsman may only take place after it has attempted to resolve the dispute directly with the transport and/or logistics operator (TLO) via a written complaint. The French General Terms and Conditions for the Union of French Transportation and Logistics Companies (TLF) were published on 1 January 2017 (first of January two thousand and seventeen).
