General Conditions of Transport Services
1. FIELDS OF APPLICATION
These general terms and conditions of sale (the "GTCs") are applicable to transport and/or logistics and/or other related services provided by the entities of the STEF group, together or individually (respectively "the Service(s)" and "the Service Provider") for the benefit of the customer (the "Customer") and for all materialized or dematerialized information flows. The T&Cs are deemed to be accepted as they stand by the Client and represent the sole commitment of the parties (the "Parties") with respect to its subject matter. They cancel and replace all previous documents of the same subject exchanged between the Parties. It is therefore agreed that the Client's general terms and conditions of purchase, contractual specifications and/or any other equivalent document of the Client do not apply to the Services. Any order placed by the Client with the Service Provider and accepted by the latter shall entail the express acceptance of the General Terms and Conditions by the Parties. It is specified that the logistics services will be provided in accordance with an obligation of means, and with the provisions of the standard professional regulations for public cold stores and general cold stores instituted by Articles L 522-13 to L 522-19 of the French Commercial Code and by the Decree of 4 December 1948 (hereinafter "the RPT Police Regulations"). With regard to the Transport Services, it is specified that, regardless of the quality in which the Service Provider operates, the Services will be provided:
- for inland road transport services in France, in accordance with an obligation of result in accordance with the standard contract for the public transport of perishable goods under controlled temperature of Annex V of Article D 3222-5 of the Transport Code ("Standard Transport Contract") and, where applicable, in accordance with the standard contract for transport commissions of 5 April 2013 of Annex V of Article D 3224-3 of the Transport Code ("Standard Commission de Transport Contract").
- for Inland road transport Services in a country other than France, in accordance with the laws and regulations of the country in which the Service is provided, and in the absence of any specific law and/or regulation applicable, the Geneva Convention of 19 May 1956 ("CMR") shall apply.
- for international road and combined transport services, in accordance with CMR.
In the absence of the texts listed above, the Services shall be governed in addition by the General Terms and Conditions of Sale T.L.F. governing the operations carried out by transport and/or logistics operators.
2. IMPLEMENTATION OF SERVICES
2.1. Obligations of the Client: The Customer must communicate the gross weight of the products, including packaging and packaging. Label indications must correspond to regulatory and health declaration requirements, traceability requirements and product accompanying documents. The Client, unless expressly declared in advance and accepted by the Service Provider, only delivers products that are strictly compatible with agri-food products.
2.2. Temperatures: The expiry dates for consumption, sale or minimum durability of the products entrusted to us, the storage, storage, transport and delivery temperatures are set by the applicable regulations. Failing this, the Client gives instructions, compatible with regulatory and sanitary requirements for perishable products and the Supplier complies with them (with a tolerance in contact with the products in accordance with regulatory and legal requirements).
2.3 Refusal of products: The Supplier may refuse products whose nature is not or is insufficiently informed, or which arrive without sufficient pre-information / announcement or outside the opening hours of the sites. The Client alone shall bear the possible consequences of insufficient and/or incorrect and/or late declarations.
2.4 Ownership of the products: The products entrusted by the Client to the Service Provider remain the property of the Client. Consequently, the Parties agree that the Supplier remains outside the scope of any dispute relating to the ownership of the products. The Supplier receives or delivers the products as receiver or remitter on behalf of the Customer. The Supplier does not have the status of recipient or sender.
2.5 Withdrawal, Preparation and Shipment of Products: Any product, whose minimum durability or consumption deadlines have been exceeded, may not be removed from the warehouse except in the case of a health pass or if it is removed for destruction. In the absence of instructions from the Customer within a reasonable period of time, the Products may be destroyed by the Supplier at the Customer's expense, the Supplier shall then be released from any liability for the condition of this Product and the consequences thereof.
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