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
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Gender Equality Index: scored 85 out of 100 points for the year 2022 Ciblex
General terms and conditions of sale
ARTICLE 1 – SCOPE
CIBLEX, as a freight forwarder and/or carrier, organises national and international carriage at ambient temperature of urgent parcels and as such does not guarantee that the goods will be maintained within a predefined temperature range. All services provided by CIBLEX preceding, supplementing or following the transportation of goods when they are covered by a transport document are accessory services included in the carriage of these goods. Unless otherwise expressly agreed between the parties, any booking, despatch or operation of any sort implies the express and unconditional acceptance of these General Terms by the Client and a waiver of its own general terms of purchase. If some terms are not determined between the parties, the French Legal Contracts on carriage and freight forwarding (French Code of Transports, Articles D.1432-3 and D.3222-1) for national carriage and the Convention on the Contract for the International Carriage of Goods by Road (CMR) for international carriage shall apply. CIBLEX reserves the right to modify these General terms at any time: the new terms will be applicable as from the mentioned date and after notification to the Client. Unless otherwise agreed, any contractual relationship between CIBLEX and the Client is concluded for an indefinite period. Either party may terminate this relationship at any time by giving a 4 months’ notice by registered letter with acknowledgement of receipt. During the notice period, the Client shall maintain the same volume of consignments than during the 12 months preceding the termination notice or CIBLEX will be entitled to ask for a compensation equal to the amount it should receive until the end of the relationship. Any commercial proposal or quotation issued by CIBLEX have a limited validity of 3 months after issuance. ORDERS: An oral order or electronic data information with a transfer of documents is deemed to be an order. However, CIBLEX reserves the right to ask for a written order on which are specified the Client’s company name, address, company registration number, and full instructions for each consignment. Deliveries are made to the ground floor or courtyard of industrial or commercial establishments, in regularly served cities. The unit weight of a parcel entrusted to CIBLEX must not exceed 30 kg. It is the Sender’s responsibility to ask for a payment on delivery service before any collection in a separate and written document specifying in which form (other than cash) the payment is required. CIBLEX’s liability is limited whatever the cause or reason to the maximum amount of €1500 per transaction and shall never be engaged for rejection of the payment. CIBLEX 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 risk that CIBLEX is not able to accept, and in particular any goods listed below, without this list being exclusive:
- 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.
- Photos, negatives, plans, tracing, discs, tapes of which the Customer has not retained a copy so as to make a duplicate (CIBLEX will not accept any responsibility for delay or impossibility to make a duplicate), identity papers, visas, resident permits, vehicle registration documents.
- 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.
- Plants, live or dead creatures, human remains, funeral urns, foodstuffs and perishable goods (excepted medical goods).
- Firearms, military materials and documents and similar, pornographic literature or materials, alcohol, tobacco, narcotic products, products prohibited from import into the destination country.
- 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: explosive materials and objects, gases, inflammable liquids or solids, materials subject to spontaneous combustion, materials which give off inflammable gas in contact with water, combustive materials, organic peroxides, toxic, infectious, radioactive, corrosive materials, miscellaneous dangerous materials and objects.
- Substance and preparation that are harmful, irritating, sensitizing, carcinogenic, mutagenic, toxic for reproduction or dangerous for environment.
ARTICLE 2 – ACCEPTANCE OF CARRIAGE
Subject to the payment of the carriage charges, and as long as it is technically and administratively possible, CIBLEX undertakes to carry its clients’ consignments from their point of departure to the agreed destination. In the absence of particular instructions from the Ordering Party, CIBLEX may use, at its convenience, any routes or means for the carriage of the goods as well as any intermediaries, agents and/or miscellaneous carriers, which are deemed to be approved by the Client. Any event beyond control of CIBLEX, even when not attributable to a force majeure event (strike, interruption of traffic on the planned routes, etc.) suspends the performance of its contractual obligations during the event. Advised or refused parcels are returned to the Sender after 7 calendar days at the Client’s expense. The Client remains liable for any loss, damage or expense caused by non-compliance with its obligations arising from these General Terms or which are the result of its own negligence. The goods must withstand a carriage under normal conditions and successive handling that occurs during the carriage: the Ordering Party is responsible for all consequences arising from the absence, inadequacy or defective nature of packaging, wrapping, marking or labelling, as well as any failure to provide the required information. It remains the exclusive responsibility of the Client to address each consignment in an adequate and complete manner in order to enable effective delivery. CIBLEX cannot be held liable for any delay in delivery due to the Client not fulfilling this obligation. CIBLEX will not accept any consignment to be delivered to a Post Office box address. Customs formalities: when a parcel needs to be cleared through customs, the Sender is obliged to submit in due time all the required documents in a complete and accurate manner for the completion of customs formalities pursuant to the applicable regulations. CIBLEX will select and contract with any authorised customs broker to proceed to the customs declarations. The customs and tax debts as well as the customs broker’s and CIBLEX’s fees for the completion of customs formalities will be invoiced to the consignee and payable upon delivery. The Client undertakes to pay for these sums as well as for any consequences thereof including financial consequences resulting from erroneous instructions and/or inapplicable or delayed documents, or any breach involving payment of duty and/or additional tax and fines of any kind levied by the relevant authorities.
LIABILITY: (Limitation clause) Prices of services are set considering the following limitations of liability which constitute the counterpart of the responsibility assumed by CIBLEX. The latter’s liability for consignments it agrees to carry, regardless the type of services 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 kilogram of gross weight short, with a maximum amount of €750 per parcel regardless the weight, volume, dimensions, nature or value of the goods concerned. – for international carriage: to 8.33 special drawing rights per kilogram of gross weight short. It being understood that the compensation may not exceed the real and documented value of the goods. The Ordering Party may, at his own expense and before collection, subscribe a shipper’s interest or “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 loss resulting from a delay in delivery or is anything other than a material loss: to the carriage charges (duties, taxes and miscellaneous costs excluded). The Ordering Party may, at his own expense and before collection, subscribe a “special interest in delivery” up to a maximum of €15,000 per parcel (terms and limits available on request). In all the above cases, compensation can never be extended to cover repair or compensation of any sort, for whatever consequential loss or damage that may be suffered by the Sender, the consignee or any third-party, except for what is stipulated in paragraph 2 above. Settlements of losses and damages are made in the form of a credit note based on the damage suffered and according to the purchase price excluding VAT of the affected goods or regarding a repair quotation and considering any obsolescence (a flat-rate deduction of 25% per half-year will be applied since the date of purchase or manufacture of the goods). Where CIBLEX compensates the value of damaged goods, these goods become its property (except for medical products). In case of partial loss or damage, the consignee must express precise and justified reservations on the transport document and in writing within 3 working days of delivery, by registered letter, if the reservations made on delivery were not precise or within 7 days for non-visible damages in case of international carriage. Any claim for loss shall be notified, under penalty of debarment, within 60 days of the estimated delivery date. In case of late delivery, the damage resulting from the delay must be notified within 3 working days of delivery for a national carriage and within 21 days in case of international carriage. The consignee’s scanned signature, as well as its reproduction, constitutes a proof of delivery of the parcels and the parties will give to this signature the same legal value than a traditional signature on paper. CIBLEX shall be relieved of liability if the theft, loss, delay or damage was caused by the wrongful act or neglect of the Sender, the consignee or a third-party, or by inherent vice of the goods, or through unforeseeable circumstances (force majeure event).
ARTICLE 3 – INSURANCE FOR DAMAGES TO GOODS
No insurance is contracted unless it is specifically ordered in writing and repeated for each despatch. Clients wishing to cover the special risks are responsible for subscribing the adequate insurance. Without specific request of coverage and confirmation from CIBLEX, the goods are only covered for the ordinary risks of transport. No claim shall be accepted without the production of a duly constituted damage or loss certificate issued by the insurer’s 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 will only be paid to the Client once it is received by CIBLEX from the insurance company. Clients who cover transport risks themselves must specify to their insurers that they will only have a legal recourse against CIBLEX within the limits specified in Articles 2 and 3.
ARTICLE 4 – PRIX
All prices are quoted excluding VAT as VAT will be added at the rate in force at the time of the execution of the service. Unless stipulated otherwise, prices do not include duties, charges and taxes levied by the tax or customs authorities (such as import duties, taxes, etc.), nor sheeting, parking, repair costs or any other related costs, unless these expenses are expressly specified in the offer. In order to consider the variation of CIBLEX’s expenses due to the fuel cost, the tariffs will be subject to a monthly readjustment by the application of a fuel surcharge which can be different according to the national or international carriage. Prices are based on the data and quantities indicated by the Client. Whether these initial specified data and quantities are not reached during 3 subsequent months, CIBLEX will be entitled to adjust the tariffs unilaterally according to the real quantities with a 30 days’ notice. Tariffs will be subject to revision on a yearly basis, in particular according to the CNL ROUTE (‘avec conducteur sans carburant’) index, with a minimum increase of 1% by applying the following formula: PN = PO X IN/IO. (PN: revised price for the year N; PO: base price; IO: last known index on the starting date of base price; IN: last known index on the date of revision of tariffs). Moreover, if unforeseeable economic, political or technological circumstances, outside the parties’ control arise after the conclusion of this agreement, overturning the balance of their contractual relationship so that the execution of this agreement becomes so onerous for either of them, this party will be entitled to request the revision or renegotiation of all or part of this agreement to the other party. The party requesting the revision shall inform the other party in writing within the month following the event. The parties shall discuss in good faith to revise this agreement on a fair basis and avoiding any undue disadvantage for either of them. Failing to find such agreement within 30 days, the party suffering the excessive loss will be entitled to terminate the relationship by sending a termination notice of 1 month by registered letter with acknowledgement of receipt to the other party. SPECIFICITIES: For the services requiring specific materials or rising particular costs, the carriage price shall be increased by an additional charge based on the applicable rate on the day of delivery, particularly when the freight cannot be mechanized. CIBLEX 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 to or higher than 2 metres or when its volumetric or physical (declared or controlled) gross weight is equal to or higher than 30 kg, a surcharge for oversized parcel will be due as well as a supplement per additional kilo at the current tariff. The Client hereby agrees that CIBLEX may weigh the parcels during the carriage. The actual gross weight of the parcels weighed by the CARRIER shall constitute the actual weight. The highest weight between the physical gross weight declared by the Client, the physical gross weight ascertained by CIBLEX, and the volumetric weight (=length (cm) X width (cm) x height (cm) divided by 5000) rounded up to the next upper price band will be used as the basis for billing. In the absence of any weight, the parcel will be billed on the basis on the average weight recorded for the Client’s parcels. Parcels that are subject to electronic transmission by the Client will be billed according to this transmission when these parcels are not scanned by CIBLEX. Parcels that are not declared by the Client but scanned by CIBLEX will be billed considering the information observed through these scans. These undeclared (or misdeclared) parcels may be subject to a surcharge for missing or incomplete EDI. According to the COLIFACTOR principle applied when CLIENTs are invoiced per batch, any collection of more than 2 parcels on the same day for the same consignee will incur a supplemental surcharge equal to the first price band and each additional 2 parcels will lead to a further supplemental surcharge (equal to the first price band). The transmission of hard copies of invoices or proofs of delivery (displayed on Extranet) will be billed except in case of a real and serious claim regarding the proof of delivery.
ARTICLE 5 – PAYMENT
Acceptance of carriage constitutes the event generating invoicing. Invoices are payable in full on receipt and by direct debit. When delayed payment is agreed, payment shall be made within 30 days of the invoice date by direct debit or magnetic bill of exchange. Services provided on a monthly basis are subject to a minimum invoice of €150. Invoices are sent electronically. Any partial payment, in whatever form, will firstly be allocated to the non-preferential part of the debt. Unilateral deduction of the amounts of alleged damages on the price of services is prohibited. Acceptance of carriage under terms that are an exception to the principle of full payment does not imply any waiver of rights, CIBLEX retaining all of its rights and prerogatives. Any claim relating to the formulation or amount of invoices shall, under penalty of foreclosure, be notified to CIBLEX within 1 month following the date of the invoice subject to dispute, namely the date specified on the said invoice. Any invoice unpaid after the due date will immediately and genuinely be subject to a late payment interest of 5 times the legal interest rate and a fixed penalty of €40 will be applied for recovery costs. In case of delay or default in payment of one term, the total amount becomes due and payable immediately. In addition, any invoice recovered through judicial proceeding will be increased, as a penalty clause, of 10%, with a minimum of €150. All services that CIBLEX agrees to provide are performed subject to the fact that the Client will actually make payments on due date. Hence, if CIBLEX has serious or particular reasons to be concerned about the solvency of the Client at the time of the order, or subsequently, or if the Client does not offer the same financial guarantees as on the date of acceptance of the order, CIBLEX will be entitled to make its acceptance of the order or pursuit of its execution subject to the provision by the Client of the necessary guarantees (cheque or bank guarantee). CIBLEX shall have the right on acceptance of any order, to request from the Client all the necessary documents enabling to assess its state of solvency. Any order from the Client subsequent to the opening of a legal procedure of administration or receivership and during the period of such a procedure implies a payment in advance or, failing that, a cash payment on delivery and will be subject to the order being initialled by the appointed administrator. In the event of the Client’s failure to perform its duties including non-payment of its invoices when due, CIBLEX reserves the right to terminate the commercial relationship 30 days after a formal notification sent by registered letter with acknowledgement of receipt which remained unsuccessful.
ARTICLE 6 – RIGHT OF RETENTION
The Client is informed that CIBLEX has a legal right of retention over all consignments, parcels and documents entrusted by the Client (except for medical products). This right of lien shall guarantee, in a general and permanent manner, the payment of all debts held by CIBLEX with regard to the Client, under whatever title, at present or in the future.
ARTICLE 7 – APPLICABLE LAW AND ASSIGNMENT OF JURIDICTION
The relationship between the parties, these General Terms and any specific complementary terms are governed by French law. Any dispute shall be submitted to the jurisdiction of the Commercial Court at the place of CIBLEX’s registered head office in France which 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.