Ciblex France Siège social : 97, rue Mirabeau – 94200 Ivry-sur-Seine Ciblex SAS au capital de 4 755 100€ RCS Créteil 310 996 178 – APE 5229 A TVA : FR 60 310 996 178 Phone : 01 49 87 49 87 Email firstname.lastname@example.org Director of publication : Christophe Cornilleau, Ciblex CEO
The data collected is used by our services (possibly our service providers) exclusively within the framework of our commercial relationship (with a view to answering questions asked by our interlocutors or for prospecting or information purposes). These data are not sold to third parties. You can always access, rectify and request the deletion of your data by contacting our Data Protection Officer: email@example.com. In case of difficulty, a complaint can be filed with the Cnil.
General terms and conditions of sale
ARTICLE – SCOPE
Ciblex France as a forwarder [commissionaire de transport] and/or carrier arranges the carriage of urgent packages at ambient temperature and as such does not guarantee that the goods will be maintained within a predefined temperature range. All services provided by Ciblex France that precede, supplement or follow the operation of transporting parcels when they are covered by a transport document form part of the transport operation and/or are accessory to it. Unless otherwise agreed, any contractual relationship between Ciblex France and the Customer is concluded for an indefinite duration, either party may terminate this relationship by giving 4 months’ notice by registered mail with acknowledgement of receipt. During this 4 months period, the Customer shall maintain the same volume of consignment as the 12 previous months or Ciblex France will be entitled to ask for compensation equal to the amount it should have been paid until the end of the contract. Any booking, despatch or operation of any sort, except where there is specific agreement between the parties, implies express and unconditional acceptance by the Customer of these terms and renunciation by him of his own general terms of purchase. Contractual relationships are governed by these general terms and for the conditions that are not specified herein by the ‘contrat type general’ (French decree no. 99-269 of 6 April 1999 modified). Ciblex France reserves the right to modify these general terms at any moment: the new terms will be applicable starting from the mentioned date and after notification to the Customer. ORDERS: A verbal order or electronic data information with a transfer of documents has the status of an order but Ciblex France reserves the right to ask for a written order where are specified the Customer’s company name, address, company registration number, and full instructions for each consignment. Delivery is normally provided in the built-up areas served on a regular basis to the ground floor or yard in the case of industrial or commercial establishments. The unit weight of a parcel entrusted to Ciblex France must not exceed 30 kg. It is the sender of the goods’ responsibility, in a situation where he expects payment by the consignee on delivery, to inform Ciblex France of this fact in a written document, separate from the other documentation he sends to Ciblex France, the document specifying as a matter of course in what form (other than cash) payment is required. For this service Ciblex France shall not be liable for any cause or reason beyond the maximum amount of €1500 per transaction or for rejection of the means of payment. CIBLEX FRANCE DOES NOT ACCEPT: Goods likely to cause injury or damage to persons, equipment, environment or other goods being carried and those that would represent a transport risk which Ciblex France is not able to accept, and in particular any goods listed below, without this list being exclusive:
1) Jewellery, clocks with even a partial precious metal content, pearls, precious and semi-precious stones, gold/silver plate, coins, gold or silver in the form of ingots, of cash, or of powder in the form of cyanide or residue, or in any other mineral form, platinum and other precious metals, means of payment, bank notes, cheques, credit cards, currency, shares, bonds, coupons, luncheon vouchers, holiday vouchers, gift vouchers, activated telephone cards, discount coupons, securities of any type, coins in whatever form, tax stamps, postage stamps, lottery tickets, responses to tender offers or qualification file in the context of the allocation of a contract. 2) Photos, negatives, plans, tracing, discs, tapes of which the Customer has not retained a copy so as to make a duplicate (Ciblex France will not accept any responsibility for delay or impossibility to make a duplicate), identity papers, visas, resident permits, vehicle registration documents; 3) Furs, works of art, sculptures or paintings, antiques, pictures, curiosities and collectables, documents and samples for which the commercial or contractual value bears no relation to their intrinsic value. 4) Plants, live or dead creatures, human remains, funeral urns, foodstuffs and perishable goods (excepted medical goods). 5) Firearms, military materials and documents and similar, pornographic literature or materials, alcohol, tobacco, narcotic products, products prohibited from import into the destination country. 6) Goods classed as dangerous by convention, laws or regulations currently in force and in particular those meeting the IATA-ICAO and ADR criteria and prescriptions (order of 1st June 2001 modified), that are: Class 1 : Explosive materials and objects Class 5.2 : Organic peroxides Class 2 : Gases Class 6.1 : Toxic materials Class 3 : Inflammable liquids Class 6.2 : Infectious materials Class 4.1 : Inflammable solids Class 7 : Radioactive materials Class 4.2 : Materials subject to spontaneous combustion Class 8 : Corrosive materials Class 4.3 : Materials which, in contact with water give off inflammable gases Class 9 : Miscellaneous dangerous materials and objects Class 5.1 : Combustive materials 7) Substance and preparation that are harmful, irritating, sensitizing, carcinogenic, mutagenic, toxic for reproduction or dangerous for environment.
In the event that a Customer entrusts such articles to Ciblex France, the Customer shall indemnify Ciblex France against all claims, damages, interest or costs which may result, and Ciblex France shall have the right to dispose of such articles in such a manner as it deems fit, including the right to abandon their carriage forthwith. The Customer is informed that Ciblex France keeps unclaimed or unidentified parcels during 4 months. After this period, Ciblex France may dispose of these parcels at its convenience (parcels presenting risks for people and goods may be destroyed without waiting the end of the period). Ciblex France guarantees the security and confidentiality of the data entrusted by the Client (personal identification data included) while the Customer allows Ciblex France to open and inspect the parcels anytime if required, being understood that Ciblex France will respect the secrecy of correspondence.
ARTICLE – ACCEPTANCE OF CARRIAGE
Subject to payment of the cost of carriage according to current price lists, and as long as it is technically and administratively possible, Ciblex France undertakes to transport Customers’ consignments from their point of departure to the agreed destination. In the absence of particular instructions from the principal, Ciblex France may employ, at its convenience, any route or means for the carriage of goods entrusted to it as well as any intermediaries, agents and/or miscellaneous carriers, who are deemed to be approved by the Customer in advance. In the absence of specific and exceptional derogation, advised or refused parcels are returned to the consignor within 7 calendar days (at the Customer’s expense). Any event outside Ciblex France’s control, even when not attributable to a situation of force majeure (strike, interruption of traffic on the planned route, etc) shall suspend the execution of its contractual obligations for the duration of the event. The Customer remains responsible for any loss, harm or cost occasioned by the non-respect by him of the obligations required under these terms or resulting from his own negligence. Goods must withstand carriage under normal conditions and successive handling that occurs during the carriage: the principal is responsible for all consequences arising from the absence, inadequacy or defective nature of packaging, wrapping, marking or labelling, as well as any failure in his obligation to provide information. It remains the exclusive responsibility of the Customer to address each consignment adequately and completely in such a way as to permit effective delivery and Ciblex France cannot be held liable for any delay to delivery or carriage due to the Customer not fulfilling this obligation. Ciblex France will not accept any consignment for which the only address is a post box. International carriage / Customs formalities: when a parcel needs to be cleared through customs, the consignor is obliged to produce any complete and accurate document necessary for accomplishment of customs formalities pursuant to the applicable regulations. Ciblex France will contract with any authorized customs broker of its choice to proceed to customs declaration. The customs and tax debt and the charges for the customs broker’s and Ciblex France’s services for the accomplishment of customs formalities will be invoiced to the consignee and payable on delivery. The consignor shall indemnify Ciblex France for payment of these sums and for all consequences thereof including financial consequences resulting from erroneous instructions and/or inapplicable or delayed documents, or for any breach involving payment of duty and/or additional tax and fines of whatsoever nature levied by the relevant authorities.
LIABILITY: (Limitations clause) Prices of services provided are set taking account of the following limitations to liability which constitute the counterpart of the responsibility assumed by Ciblex France. Ciblex France’s liability (if any) for consignments it agrees to carry, whatever the type of service and the regime under which they are provided, for whatever reason and under whatever title, is strictly limited:
1 – In case of loss or damage
- – for national carriage: to €23 per kilo gross weight of the goods affected up to a maximum of €750 per parcel whatever the weight, volume, dimensions, type or value, it being understood that the compensation paid, within the above limits, obviously may not exceed the real and documented value of the goods;
- – for international carriage: to 8.33 special drawing rights per kilo gross weight of the affected part of the goods. The Customer may at his own expense and before collection expressly take out ad valorem insurance, up to a maximum of €15,000 per parcel, €34,000 per collection and €75,000 per event (terms and limits available on request).
2 – In case of damage attributable to a delay in delivery or if the damage is anything other than a material loss: to the cost of carriage of the goods (duties, taxes and miscellaneous costs excluded). It is however possible for the Customer to take out additional insurance coverage “declaration of a special interest in delivery” at his own expense and before collection, to a maximum of €15,000 per parcel through the services of Ciblex France.
Settlement of losses is in the form of a credit note on the basis of damage suffered according to the cost price ex VAT of the goods or on the basis of a quotation for repair taking account of any depreciation (a flat-rate deduction of 25% per half-year will be applied, taking into account the date of purchase or manufacture of the product). In all the cases, indemnity can never be extended to cover repair or compensation of any sort, for whatever consequential loss or damage, consecutive or not consecutive, that may be suffered by the Customer, the consignee of the consignment or any third party, except for what is stipulated in paragraph 2 above. If Ciblex France indemnifies the Customer of the material value of goods damaged these goods become Ciblex France’ property (except for medical products).
In case of partial loss or damage, the consignee should list his precise and justified reservations on the transport document; unjustified reservations shall be completed by registered letter within 3 days (not counting public holidays). Any claim for loss shall be notified, under penalty of debarment, within a maximum of 6 weeks of the estimated delivery date. The consignee’s electronic signature, as well as its reproduction, shall constitute proof of delivery of the parcels and the parties shall accord this signature legal status identical to that of a traditional signature on paper.
Ciblex France shall be exempt from liability in the case of theft, loss, delay or damage attributable either to force majeure, or to the actions or fault of the consignor or consignee or a third party, or to inherent vice of the goods themselves.
ARTICLE – INSURANCE FOR DAMAGES TO GOODS
No insurance is contracted unless it is specifically ordered in writing, repeated in the case of each despatch. Customers wishing to take out insurance covering special risks shall agree the risks to be covered. Where risks are not specified, insurance will only cover the ordinary risks of transport. No claim shall be allowed without the production of a duly constituted damage or loss report provided by the insurer’s approved agent (failing which, by the competent authorities) and without proof that the actions required for the preservation of rights of recourse were carried out. Compensation payable under the insurance shall not be paid to the Customer except where it is received by Ciblex France from the insurance company. Customers who cover transport risks themselves must specify to their insurers that they can only exercise recourse against Ciblex France within the limits specified in articles 2 and 3.
ARTICLE – PRICE
All prices are quoted excluding VAT and VAT will be added at the rate in force at the time the services are provided. Except where stipulated to the contrary, prices do not include duties, charges and taxes imposed by the tax or customs authorities (such as import duties, taxes, etc), nor sheeting, nor parking and repair costs or any other related costs, except where these costs are expressly specified in the offer. Services provided on a monthly basis will be subject to a minimum invoice of €150. Invoices are sent electronically. Prices quoted are established on the basis of data and quantities indicated by the Customer. Whether these initial specified data and quantities were not reached during 3 subsequent months Ciblex France would be able to adjust prices unilaterally considering the real quantities with a 30 days’ notice.
In addition, prices shall be subject to revision on a 6 monthly basis, in particular according to the CNL ROUTE indexes with a minimum rate of 1% and using the following formula: PN = PO X IN/IO. (PN: revised price for the year N ; PO : base tariff shown in the appendix; IO : last known index before agreement of the current contract; IN : last known index on the date of the revision). If economic, political or technological circumstances that are unforeseeable by the parties and which are outside their control arise subsequent to the conclusion of the agreement, overturning the balance of the contractual relationship and making execution of the agreement onerous for either of them, so that the burden of execution of the agreement is greater than initially contemplated by the parties, this party shall be able to request revision or renegotiation of all or part of this agreement to the other party. On pain of foreclosure, the party seeking the revision shall inform the other party by registered mail within the month following the event. The parties shall consult in good faith with a view to revising this agreement on an equitable basis and avoiding any excessive loss for either of them. Failing such agreement being reached within 30 days of the notification referred to in the previous paragraph, this contractual relationship may be cancelled by the party suffering the excessive loss sending a registered letter to the other party.
For the services requiring specific materials or rising specific costs, the normal transport price shall be increased by an additional charge based on the applicable tariff on the day of delivery, particularly when the freight cannot be mechanised. Ciblex France does not provide any service concerning the management or return of pallets. When the linear measurement of a parcel (=length (cm) + width (cm) + height (cm)) is equal or superior to two metres or when its gross physical declared checked or dimensional weight, is equal or superior to 30 kg, a charge for an oversized parcel will be due as well as a supplement per additional kilo at the current tariff. The Customer shall accept that Ciblex France has the parcels weighed during transport. The higher of the weights, between the physical weight (gross weight) declared by the Customer, and the physical weight (gross weight) ascertained by the carrier and the dimensional weight (=length (cm) X width (cm) x height (cm) divided by 6000) rounded up to the next price band will be used as a basis for invoicing. If there is no indication about the weight of a parcel it will be billed on the basis of the average weight observed for the Customer’s parcels. Parcels that are subject to electronic transmission by the client are billed considering this information when these parcels are not scanned by the carrier. By contrast, when parcels are not declared by the client but scanned by the carrier they are billed considering the information observed through these scans. These undeclared (or misdeclared) parcels may be subject to a surcharge for missing or incomplete EDI. In addition, according to the COLIFACTOR principle, where Customers are invoiced by batches, any collection of more than 2 parcels on the same day for the same consignee will be increased by the first price band and each additional 2 parcels will lead to a supplement being applied equivalent to the first price band applicable to the Customer. The transmission on paper format of invoices (sent in dematerialized form) or images of proofs of delivery (displayed on Extranet) is billed except in case of a real and serious claim from the consignee regarding the proof of delivery.
ARTICLE – PAYMENT
Acceptance of carriage constitutes the event generating invoicing. Invoices are payable in full on receipt and by direct debit. When delayed payment has been agreed, payment should be made within 30 days of the invoice date by direct debit. Any partial payment, in whatever form, will be assigned in the first instance to the unsecured portion of the debt. Acceptance of carriage under terms that are an exception to the principle of full payment implies no waiver of rights, Ciblex France retaining all its rights and prerogatives.
Any claim relating to the description or amount of Ciblex France’s invoices should, on pain of foreclosure, be notified to Ciblex France in the month following the date of the invoice subject to dispute, in other words the date shown on the invoice in question.
Each invoice remaining unpaid on the due date, will be immediately subject as of right to late payment interest at 5 times the French legal interest rate and a penalty of €40 will be applied. In case of delay or default in payment on the due date, all sums payable shall become due immediately. In addition, any invoice where payment is recovered by the judiciary way shall be subject to an increase of a fixed indemnity of 10% by way of a penalty clause, with a minimum of €150.
All services that Ciblex France agrees to provide are provided taking into account the fact that the Customer will actually make payments when they become due. Also, if Ciblex France has serious or particular reason to be concerned about the solvency of the Customer at the time of the order, or subsequent to that date, or further if the Customer does not offer the same financial guarantees as on the date when the order was accepted, Ciblex France shall be entitled to make its acceptance of the order or pursuit of its execution subject to the provision by the Customer of the necessary guarantees (cheque or bank guarantee). Ciblex France shall have the right on acceptance of any order in course of execution, to require the Customer to communicate documents enabling Ciblex France to assess the Customer’s state of solvency. Any order from the Customer subsequent to the date of a legal procedure of administration or receivership being opened and during the period of such a procedure:
- – implies payment in advance or, failing that, that the order shall be paid for cash on delivery.
- – and is subject to an order initialled by the appointed administrator and immediate payment by cheque countersigned by the administrator. In the event of the Customer’s failure to perform its duties including non payment of its invoices when due, Ciblex France reserves the right to terminate the commercial relationship 30 days after an unfulfilled demand sent by registered mail.
ARTICLE – RIGHT OF RETENTION
Under articles L 132-2 and L 133-7 of the French Commercial Code, the client will constitute, in favour of Ciblex France, a permanent lien over all consignments, parcels and documents owned by the client (except for medical products) and which it entrusts to Ciblex France for execution of its services. This right of lien to the exclusive benefit of Ciblex France shall guarantee, in a general and permanent manner, the payment of all debts held by Ciblex France with regard to the Customer, under whatever title, at present or in the future.
ARTICLE – APPLICABLE LAW AND ASSIGNMENT OF JURIDICTION
This contract is subject to French law. Any dispute shall be subject to the jurisdiction of the Commercial Court at the place of Ciblex France’s registered offices which alone shall be competent whatever the type, cause or place of the dispute and whatever the special terms of the service provided, even in a situation of a plurality of defendants or the introduction of a third party.