Article 1-OBJECT AND DEFINITIONS
This text purpose is to define conditions to which HK's benefits are provided to a few titles (attorney-in-fact, forwarding agent, warehouse keeper, etc…) for goods of all natures, all sources, and all destinations.
For these General Terms and Conditions, the following terms are defined as follows:
«DELIVERY»: all goods, packed (pallets, containers, etc…) or not, made available to HK and taken over the same title for the same shipment.
«PARCEL» : by parcel, it is necessary to understand an object or a material set composed of several items, whatever the weight, dimensions, and volume, constituting a useful load delivered to HK, conditioned by the sender before taking charge, even if the content is detailed in the document in surrender.
Article 2-SERVICE PRICES
Prices shall be calculated on the basis of information provided by instructing customer, taking into account particularly benefits to be performed, the nature, the weight and the volume of goods to be transported.
Pricing is based on currency rates at the time they are given. It also depend on conditions and rates of subcontractors, as well as laws, regulations, and international conventions in force.
If these basic elements were modified after the quotation was given, including by HK substitutes, in such a way as to be effective against the latter, and on evidence reported by the latter, prices given by the quotation would be modified under the same conditions; the same would apply If an unforeseen event resulting in particular in the modification of planned transportation routes.
Prices do not include duties, taxes, charges, and taxes due in the application of any tax or customs regulations (such as entry fees, stamps, etc…).
No insurance shall be subscribed by HK without a written and repeated order of the payer for each shipment, specifying risks to be covered (common and unique) and guaranteed values. In the absence of a precise specification, only ordinary risks will be insured.
If such an order is given, HK, acting on the customer's behalf, shall take insurance with an insurance company known to be solvent at covering time.
Terms and conditions of policy are deemed to be known and agreed to by senders and consignees who bear the cost. An insurance certificate will be issued.
The customer who himself covers transportation risks must specify to his insurers that they will only be able to exercise their recourse against HK within limits set in Article 7 below.
Article 4-BENEFIT EXECUTION
Intermediaries and subcontractors chosen by HK shall be deemed to have been agitated by the customer.
The departure and arrival dates, if any, provided by HK are given as an indication only.
The customer must give in due time the necessary and precise instructions to HK for transportation performance and ancillary benefits. HK does not have to check documents (commercial invoice, packing note, etc…) provided by the customer.
Any instructions restricting delivery (cash on delivery, etc…) must be the subject of a written and repeated order for each shipment and must be expressly accepted by HK.
In any case, such a mandate is only an accessory to the leading transportation service.
Article 5 - CUSTOMER'S OBLIGATIONS
Goods must be packaged, wrapped, or labeled to withstand operations entrusted to them and be delivered to the consignee according to instructions given to HK and under normal conditions.
HK liability shall not be incurred for the consequences resulting from the absence, insufficiency, or malfunction of the packaging, packing, marking, or goods labellings.
If loss, damage, or other damage suffered by goods, or If a delay, the consignee or the receiver will make the regular and sufficient findings to take legal reservations concerning the carrier. They will carry out all the necessary acts for remedies conservation in the traditional form and time limit; otherwise, no remedy shall be exercised against HK.
Customers donors of the order will bear only the consequences, whatever they may be, of incorrect, incomplete, inapplicable, or late-supplied statements or documents.
If customs operations are carried out on behalf of the customer by HK, the payer guarantees customs agent of all financial consequences arising from erroneous instructions, inapplicable documents, etc…resulting in a general liquidation of additional duties and/or taxes, fines, etc… of the concerned administration.
In case of refusal of the consignee's goods, as in the case of failure of the address for whatever reason, any initial and additional costs due and incurred by HK shall remain the payer responsibility.
Article 6-DELIVERY TIME
No compensation for delay in delivery shall be due if no mandatory date has been expressly requested in writing by the payer and accepted by HK. In this case, the allowance may only be awarded if a delivery notice has been sent to HK by the customer by registered letter with delivery receipt.
HK liability is strictly limited to that incurred by its subcontractors (carriers, agents, undertakings, and their substitutes) in the operation's course to be entrusted to it.
In the event that HK's own liability is incurred, for any reason and for any reason whatsoever, it is strictly limited :
For loss or damage to goods and for all the consequences that may result therefrom:
- At 33 € per kilo with a maximum of 1000€ per package for shipments less than 3 tons.
- At 20 € per gross kilo with a maximum of 3200€ multiplied by the gross weight of the shipment expressed in tons for shipments of 3 tons and more.
For other damages (including those caused by the delay in delivery), the liability of HK shall be limited to the price of carriage, subject to the contract.
For international traffic, at 8.33 SDR per kilogram of gross weight missing or damaged.
All quotations, one-time pricing, and general rates are established and/or published, taking into account the above limitations of liability.
When goods value, subject to the contract, exceeds the limits of liability above, the payer may:
- Accept to bear, if loss or damage, the difference between HK limits of liability and the value of goods,
- Or subscribe to a declaration of value, which, fixed by him and accepted by HK, will raise liability limits for losses or damage of statement of value amount, and will result in the collection of a price supplement,
- Or, in accordance with Article 3, give instructions to HK to take out for its account insurance by specifying risks and values to be insured, these instructions to be renewed for each shipment.
For special transportations (under Controlled Temperature, Hazardous Materials, etc.…), HK shall make available to the sender a suitable material in accordance with conditions previously defined by the payer, who shall be responsible for the choice of such equipment.
Article 8-PAYMENT CONDITIONS
Services are payable CASH ON RECEIPT OF INVOICE WITHOUT DISCOUNT, at the place of issue.
If exceptional cases, payment deadlines have been agreed upon, any partial payment will be charged in the first instance to the non-preferred part of the claims. In no case shall the payment period exceed the time limit laid down in Article L. 441-6 of Trade Laws, which states that "for the carriage of goods by road, the rental of vehicles with or without drivers, transportation commission and for activities of goods forwarders, maritime agents and air traffic freight, goods brokers and customs agents, the agreed payment terms may in no case exceed 30 days from the date of resignation of the invoice". (2006-06-01 Olympic Games )
The non-payment of a single deadline will be terminated without formality, with the balance becoming immediately payable even if the effects are accepted.
The invoice will be immediately remitted to the dispute and the settlement of the sums due after eligibility date appearing on the invoice will be full of right plus a lump sum payment of 40 € provided for in Article L. 441-6 section 12 of Trade Law, the amount of which is fixed by decree n° 2012-1115 of 2012-10-02 (Article D. 441-5 of the Code of Penal Procedure Code). If a regulatory change in the amount of this lump sum payment, the new amount will be automatically substituted for the one appearing in the present general terms and conditions of sale.
Pursuant to section 1146 of the Civil Code, late penalties are payable without the need for a reminder. Indeed, a formal notice is not a condition of the right to conventional interests. These penalties calculated at the interest rate applied by the European Central Bank to its most recent refinancing operation increased by 10 percentage points of the amount, including all taxes, of the services price appearing on the said invoice, will be automatically and ipso jure acquired by the provider without any formality or prior formal notice, without prejudice to any action that the provider would be entitled to take against the customer, in accordance with Article L.441-6 paragraph 3 of French Trade Law. The applicable rate for the first half of the year concerned is the rate in force on January 1st of the same year. For the second half of the year in question, the applied rate is the rate in force on July 1st of the same year.
All these clauses are opposable to the debtor's guarantors by virtue of Article L.132-8 of the Trade Law, i.e. the consignee, the shipper, and any other principal intervening in transportation contract.
Due to the non-payment of the invoice at maturity, the co-contractor of HK company will also be considered as failing in the performance of his obligations, enabling HK or its agent to request the payment of damages assessed on a flat-rate basis to an amount equal to 20 % (twenty percent) of the unpaid invoice amount (with a minimum amount of 150 €, excluding the taxable costs) in order to cover the costs incurred in obtaining the recovery of the unpaid invoice.
Article 9-CONVENTIONAL GAGE LAW
Irrespective of the capacity in which HK intervenes, the purchaser expressly grants it a conventional right of lien entailing a right of retention, and preferably a general and permanent right of retention, on all goods, securities and documents in HK possession, and this as security for all the claims (invoices, interest, costs incurred, etc…that HK holds against him, even prior to or unrelated to the operations carried out with regard to the said goods, securities, and documents.
Article 10 - ATTRIBUTIVE CLAUSE OF JURISDICTION
If litigation or dispute, the parties agree to the exclusive jurisdiction of the Courts of Strasbourg, even in the case of multiple defendants or warranty claims.