Any commitment, journey or operation agreed between the parties, unless otherwise stipulated, implies acceptance of the following conditions. All commitments are to be set out in writing, specifying who the "payer" will be for the services commissioned.
Our responsibilities, as well as those of the principal, are established in the standard car contract no. 2001-658 from 19 July 2001, amended by D. no. 2001-1363 from 28 December 2001.
The transporter cannot be held liable for any deterioration to goods that may have occurred because of an inherent defect or force majeure.
The vehicles entrusted to us are to be supplied with water, oil, petrol and antifreeze (from 1 October to 1 April). Our company can under no circumstance be held liable for mechanical incidents caused during transport by the absence of these products. Incidents stemming from the state of the vehicles (non drivable) cannot entail the responsibility of the transporter. Possible incidents: breakdown, strikes, snow, ice, rock slide, hail and other natural hazards are considered as force majeure.
Departure and arrival dates are given to the customer as reference only and have no contractual value. Should the recipient refuse any of the goods, in the event of a default on the part of the recipient for any reason whatsoever, its obligations to the transporter will remain the responsibility of the principal. If the goods suffer any incidents or damage, no recourse can be taken against the transporter if the recipient or receiving clerk did not conduct the regular factual report and observations as soon as the goods were received, and confirmed them by registered letter with acknowledgement of receipt within 48 hours, as per the postmark.
The transport services are payable in cash when the order is made. By way of derogation, payment deadlines may be agreed to but no discounts may be granted. Pursuant to law 2006-10, referring to article L441-6 of the Commercial Code, payment deadlines can under no circumstance exceed 30 days after invoice. Failure to pay within the agreed deadline will lead to late payment penalties, calculated based on the refinancing rate of the ECB, increased by 10 points. Failure to settle an invoice on time will lead to the immediate payability of all pending invoices and transport services. These penalties will apply as of the first day following the deadline stated on the invoice, with no prior warning and without prejudice to their payment.
Any late payment will automatically give rise to the payment of fixed-rate damages for recovery costs, as stated in article L. 441-6 of the Commercial Code and as amended by law no. 2012-387 from 22 March 2012, pertaining to the simplification of the law and of all administrative procedures, i.e. currently €40 as set by decree no. 2012-115 from 2 October 2012.
These damages are added to the late payment penalties already owed pursuant to article L. 441-6 of the Commercial Code. Should the incurred recovery costs exceed the damages, additional compensation will be required, accompanied by written evidence.
If recovery is operated via our legal department, after prior warning and even if the case is not presented before the court, the amounts due will automatically be increased by a penal clause of 20% with a minimum of €40.
In the event of a dispute, regardless of its nature, jurisdiction is exclusively attributed to the relevant courts in Nantes.
Simplified Joint Stock Company with a capital of €800,000
Head office: : 92 route des Relandières - ZA Les Relandières Sud - 44850 LE CELLIER
Telephone: : 02 40 25 37 08 - Télécopie : 02 40 25 32 40
Siret number: : 525 327 417 00016 - APE number: : 4941A - FR 80 525 327 417