General Terms & Conditions of Sale – July 2024

These General Terms and Conditions of Sale
(hereinafter the “GTCS”) govern the relationship between, on the one hand,

PARIS TERMINAL SA, a company registered in the Nanterre Trade and Companies Register under number 409 611 674, with registered office at Gennevilliers (92631 Cedex), 1 route du Bassin, Port de Gennevilliers.

TERMINAUX DE SEINE, a company registered in the Nanterre Trade and Companies Register under number 753 041 995, with registered office at Gennevilliers (92230), 1 route du Bassin, Port de Gennevilliers.

LAUTERBOURG RHINE TERMINAL, registered with the Strasbourg Trade and Companies Register under number 882 008 451, with registered office at 1 rue Auguste Meyer, Lauterbourg (67630), also referred as “LRT”. 

(hereinafter “the Operator“)

And, on the other hand, the “Client” for carrying out port handling and related services on the present and future sites it operates.

The legal and commercial relationships between the Operator, the Client, and the successive Carrier(s) designated by the Client, and also between the Operator and its Substitutes, are subject to these GTCS, the Operator’s Operating and Safety Regulations and its traffic plan and their annexes. Any clause, provision, or condition, emanating from the Client and/or the Carrier or any other designated party, shall be deemed to be unwritten and may not be enforceable.

Any undertaking or operation whatsoever with The Operator is valid as unreserved acceptance by the Client of these GTCS defined hereunder. The Client guarantees compliance with these GTCS by any third party whom he may appoint to hand over the Goods to The Operator or to receive the Goods after the Operator has performed its services.

The Operator reserves the right to supplement these GTCS with Special Terms and Conditions. The General and Special terms and Conditions of Sale prevail over all the Client’s conditions of purchase, unless formally accepted in writing by The Operator. Any condition contrary opposed by the Client will, therefore, in the absence of express acceptance, be unenforceable against The Operator, regardless of when it may have been brought to its attention.

The fact that the Operator does not avail itself of any of the provisions of these GTCS at a given time shall not be interpreted as a waiver of the right to avail itself of any of the said conditions at a later date.

These GTCS are deemed as an integral part of the order placed. By signing the contract or order form issued by the Operator, the Client acknowledges that he has read the GTCS and accepts them unreservedly.

A French version of these GTCS is also available. In the event of an inconsistencies between the French and English versions, the French version shall be deemed to be authoritative.

ARTICLE 2 – DEFINITION

The term “Client” refers to the identified natural or legal person who has requested the services of The Operator or on whose behalf the service is provided and invoiced by the Operator.

The term “the Operator” refers to PARIS TERMINAL, the company responsible for operating the multimodal container terminal, i.e. the signatory of the operating agreement with HAROPA in the person of its legal representative, carrying out operations in any capacity whatsoever (handling, transport, provision of logistics services, freight forwarding, etc.).

The term “Parties” refers to both the Client and the Operator.

The terms “Goods” or “Parcel” refer to the handling unit such as containers (full, empty, swap body or other intermodal transport unit “ITU”), heavy parcels, indivisible mass, isolated parcel or pallet, other general merchandise, particularly in bulk, or a set composed of several objects constituting a unit load packaged by the Client.

The term “Substitute” refers to the natural or legal person involved in the assignment entrusted by The Operator acting as a freight forwarder, chosen personally by the latter without The Client being required to give his agreement (in particular as to the identity of the Agent chosen).

The term “Carrier” refers to the person who delivers the goods for a service defined by the Client and who may be appointed by the Client, by the Operator or by any freight forwarder.

ARTICLE 3 – NATURE OF SERVICES

The services offered by the Operator on all of its sites are in particular loading and unloading handling, storage, including storage in a temporary storage facility (hereinafter “TSFI“), port trucking, freight forwarding and all other related operations concerning the Goods under the conditions set out in these GTCS of Sale and in the Operating and Safety Regulations. The services offered on all sites are carried out by the Operator and its employees, to the exclusion of any other party, with the exception of the Operator’s Substitutes acting as freight forwarders.

The essential characteristics of the services, the associated rates and charges and the terms and conditions have been communicated to the Client, who acknowledges having read and accepted them.

The services offered by the Operator do not include the legal delivery and shipping, as defined in the transport contract, of the Goods on arrival at and departure from the sites. These operations are the exclusive responsibility of the Client and its Carrier.

The Operator, in its capacity as service provider, excludes taking charge of the commercial or customs documents accompanying the Goods, unless expressly requested by the Client and duly accepted by the Operator. Consequently, it is the Client’s responsibility to ensure that these documents are forwarded to the successive Carriers within the appropriate time limits and to take care of all customs formalities.

The Client may, at any time, request the Operator to transfer the Goods of which it is the owner to a third party (assignee). Such an express request may only be made in writing in accordance with the ordering procedures defined in article 6.1. It must be unequivocal and specify the name of the assignor, that of the assignee, the nature, tonnage, and quality of the Goods to be transferred and the date of the transfer. The Client will be responsible for all the consequences that may result from the delay and/or inaccuracy of the information thus communicated. In the event of acceptance, a new “deposit slip” will be drawn up in favour of the assignee, who will then become the Client as defined above. In this case, the costs due for the Goods up to this transfer are paid by the Client at the time of the said transfer. If this payment is not made, the Operator may exercise its right of withholding in application of article 14 below, after the said transfer. The Operator remains a third party in relation to the parties to the sales contract and its liability shall not be sought in any way in respect of the assignment and/or transfer of the Goods. In any event, the Client shall indemnify and hold harmless the Operator against any claim and/or sentence that may be made against it at the request of the assignee and/or any third party.

ARTICLE 4 – LOCATION OF SERVICES

The services offered by the Operator as defined in article 3 are provided on the sites below, as well as any site or facility that it may decide to operate.

For PARIS TERMINAL :

Port of Gennevilliers : Paris Terminal SAS container terminal, 6 route du bassin n°1 – 92631 Gennevilliers

For TERMINAUX DE SEINE :

Paris la Bourdonnais  : Port de la Bourdonnais, 75007 Paris

Longueil Sainte-Marie : 1, avenue de Paris, 60126 Longueil Sainte-Marie

Limay : 360, route du Cap, 78520 Limay

Evry : Rue des Paveurs, 91000 Evry-Courcouronnes

Bonneuil sur Marne : 57, rue de l’Île Barbière, 94380 Bonneuil sur Marne

For LAUTERBOURG RHINE TERMINAL :

Port of Lauterbourg : 1, rue Auguste Meyer, 67630 Lauterbourg

ARTICLE 5 – SITE ACCESS AND SECURITY

The sites operated by the Operator are regulated and are subject to Operating and Safety Regulations as well as a traffic plan and limited access, which are communicated to all the companies and persons concerned. The Operating and Safety Regulations applicable to the terminal mentioned in article 4 are available on the Operator’s website (www.paris-terminal.com ) and on request from the Client. The Client acknowledges having read them and agrees to abide by their terms.

The Operator reserves the right to refuse access to the sites to any person who does not comply with the Operating and Safety Regulations and/or the prevention plan, without its liability being engaged in any way whatsoever. This traffic plan and these Operating and Safety Regulations are binding on everyone.

In accordance with current legislation, smoking and vaping are prohibited on the sites. Road vehicles are only allowed to park in the areas during site opening hours and only for the duration of loading and unloading operations.

ARTICLE 6 – FORMATION OF THE CONTRACT

6.1 – OBLIGATIONS OF THE CLIENT

6.1.1 – Ordering

Before the arrival of the Goods or prior to their departure, the Client must inform the Operator, by sending a written request or dated order for services, of the nature of the service required, all the information necessary for the performance of the services, the identification and precise characteristics of the Goods and in particular, their nature, weight, condition, value, fragility, dangerousness, the specifications to be respected for its conservation, its final geographical and technical destination, the date and time of its availability, the date on which the operation is planned d in accordance with the completion deadlines in article 7 and taking into account the time required between receipt of the request and the possibility of its execution by the Operator, as well as the foreseeable duration of the deposit.

The Client must provide plans for loading, securing, and slinging the Goods, in particular for the handling of heavy Parcels (for LRT GTCSs) and specify the handling methods and means to be used.

The Operator does not have to check these instructions, information, and documents.

In the event of an inaccurate declaration, the Client is obliged to rectify his request to the Operator without delay and on his own initiative. Failing this, the order is deemed not to have been accepted by the Operator.

In any event, the Client alone shall bear, without recourse against the Operator, all the consequences resulting from erroneous, falsified, incomplete, inapplicable, or late declarations or documents, including the nature of the Parcels and/or Goods and their value. The same shall apply to any damage suffered by the Client, whatever its nature, as a result of a breach by the Client in the performance of its contractual obligations.

In addition, the Client undertakes to indemnify, guarantee and hold harmless the Operator against any claim that may be made by a third party – for any damage, whether direct or indirect, material, physical or immaterial – resulting from a failure by the Client to fulfil its obligations.

For specific services, for each service requested, the Client shall mention the precise details likely to enable a suitable offer and proper execution of the service requested. Insofar as the handling and storage services are carried out in the open air and without shelter, the Client is also required to mention, for the handling of Goods that are sensitive to bad weather, the conditions under which the service must be interrupted.

The Operator and the Client accept all legally authorised methods of transmission, if they are in writing by mail or on an electronic medium, with the express proviso that the party from whom the writing originates can be identified, not only by the writing itself but also at the time of transmission by the method of transmission used.

6.1.2 Packaging

The Client must ensure that the Goods are conditioned, packaged, marked or countermarked in accordance with the rules of the means of transport used and in such a way as to withstand transport and/or storage operations carried out under normal conditions, as well as successive handling operations that necessarily occur during the course of these operations.

It must not constitute a cause of danger to the driving or handling personnel, the environment, the safety of transport and handling equipment, the other goods transported or stored, the vehicles or third parties.

6.1.3 Customs storage

With regard to Customs storage services (with or without temporary storage) provided by the Operator (temporary storage in an temporary storage facilities or movements between temporary storage facilities), the Client is required to provide all the information and documents necessary to draw up the temporary storage declaration, which the Operator may be obliged to provide to the authorities at the latter’s request.

Prior to the expiry of the ninety (90) day period of temporary storage, the Client shall communicate to The Operator its instructions regarding the placing of the Goods under a new customs procedure.

The Client remains solely responsible for customs operations and is solely responsible for any resulting debt.

6.1.4 – Labelling

Each Parcel, object or load carrier must be clearly labelled to allow immediate and unequivocal identification of the shipper, the consignee, the place of delivery and the nature of the Goods.

Labelling must comply with all applicable regulations, including those relating to dangerous products and materials.

6.1.5 – Sealing

Trucks, semi-trailers, swap bodies and full containers are sealed by the loader himself or by his representative once the loading operations have been completed. are sealed by the loader himself or by his representative.

6.1.6 – Stowage/ Seizing / Securing

When the Goods are stuffed into  containers or other ITU and/or when they are loaded onto transport equipment under the Client’s responsibility, the stowage, securing and lashing  must be carried out in accordance with the good practice  so as to withstand the risks of transport and in particular the various bulk breaking.

6.1.7 – Handling oversize parcels (only for LAUTERBOURG RHINE TERMINAL)

Notwithstanding articles 6.1.1 to 6.1.6, when the Goods handled have a unitary weight, dimensions and/or particular characteristics, the Client is required to provide the Operator with the exact nature of the Goods, the length, width, height, number of objects and/or load carriers , the apparent or non-apparent features of the Goods, the position of the centre of gravity, the location of the points of support of the object and, where applicable, that of its load supports and accessories, the slinging and lashing points.

6.1.8 – Reservations

In the event of loss, damage or any other damage suffered by the Goods, or in the event of delay, it is the responsibility of the consignee or the receiver to make regular and sufficient observations, to take precise and reasoned reservations and in general, to carry out all acts  useful for the preservation of recourse and to confirm said reservations in the legal forms and timeframes, failing which no action may be taken against the Operator or its Substitutes .

In any event, the Client is solely liable for all the consequences of the absence, inadequacy, defect, or unsuitability of the packaging, wrapping, marking, or labelling, sealing, stowing, securing, and wedging of the Goods.

6.2 – OPERATOR’S RESPONSE

The Operator examines the request and draws up an offer defining the services and their conditions of execution (tonnage/volume announced, technical resources required/performance/estimated execution time, advance notice of execution, etc.) as well as the price and terms of payment. This offer is valid for 30 (thirty) days from the date it is sent.

The order only becomes definitive once the Operator has received the order form or a quotation accepted and signed by the Client, at least fifteen (15) days before the start of the operation, a period necessary to ensure proper performance. In the absence of a response within the aforementioned period, the offer shall be null and void.

The Operator retains the right to attach to its acceptance of the service requested, special conditions resulting from the very nature of the specific service requested or the nature of the Goods concerned.

6.3 – PERFORMANCE OF SERVICES

6.3.1 – General provisions

The Operator undertakes to implement the means necessary and sufficient for the performance of the contract, having regard to the information communicated by the Client and included in the accepted offer.

The Operator reserves the right to refuse performance of the services, in particular if the conditions mentioned in the offer are not met or if it appears, in particular, at the time of performance of the service:

• that the service cannot be provided without endangering the safety of people and the site due to the condition of the Goods in question;
• the condition and/or packaging of the Goods is inadequate to such an extent as to endanger the Goods;
• the condition of the Goods means that they cannot be handled;
• the Goods show visible external damage;
• the value of the Goods is insufficient to guarantee payment of the handling and storage services;
• that the means of transport is not adapted to the nature of the resources used to carry out the handling and is therefore at risk of damage;
• the resources allocated to securing trailers once they have been uncoupled at Clients’ premises are inadequate (stands, stanchions, anti-theft protection….)

No costs may be claimed by the Client from The Operator for this refusal to take charge. And the services provided by The Operator will be due.

The Client expressly undertakes not to hand over to The Operator any Goods that are illegal, prohibited, subject to a ban or restriction on movement or an embargo and/or subject to regulations on dual-use goods and technologies and/or involving the transport of stowaways.

The Dangerous Goods listed in the appendix to these GTCS are not accepted. The Operator reserves the right to refuse any other Dangerous Goods, not listed in the appendix, on the Gennevilliers site. If the presence of unauthorised Dangerous Goods is observed, the Operator shall endeavour to reach an agreement with the Client and the Carrier to ensure handling but under the sole responsibility of the Carrier and after having obtained the Client’s guarantee in the event of any recourse.

6.3.2 – Acceptance

The unloading or delivery by The Operator of the Goods presented by the Carrier shall be deemed to constitute acceptance and commencement of the performance of the service contract performed by The Operator on behalf of the Client, who shall retain the status of consignee with regard to the Carrier, in particular for the purposes of acceptance.

6.3.3 – Shipping

The loading or departure of the Goods previously in storage marks the end of the performance of the service contract concluded with The Operator.

Regarding the Carrier, The Operator’s Client retains the status of shipper and loader and remains responsible for the stowage and packaging of the Goods in accordance with national and international trade practices and with these GTCS.

In accordance with the provisions of article 6.1, tarpaulin covering, wedging, strapping, or lashing services are excluded from the handling services performed by the Operator, unless the Client’s prior request is accepted by the Operator and thus incorporated into the service offer. Similarly, the tarpaulin covering or uncovering of the vehicle or the Goods as well as the assembly or disassembly of the sideboards and stakes are the responsibility of the Carrier. The Operator may not be held liable for the non-conformity of the packaging of the Goods or the container and the consequences of a refusal to load notified by the Carrier as a result.

The Operator who incurs costs in the interest of the Goods, for whatever reason and in particular to prevent or limit damage, shall be fully indemnified.

ARTICLE 7 – COMPLETION DATE

7.1 – ORDER OF ACCEPTANCE

The times and dates announced by The Operator for the performance of services are given for information only and shall not incur the personal liability of The Operator and/or as guarantor of its Substitutes. However, regardless of the mode of transport concerned (river, road, or rail transport), The Operator performs the services (handling, loading, and unloading operations) within the perimeter of its terminal in the order of arrival of the means of transport on the express condition that:

• The Operator has accepted the request for service;
• the Goods is presented after such acceptance, and in the order of acceptance by the Operator.

Operations are carried out according to the schedule drawn up on the basis of the announcements made and the order of arrival of the duly registered transport units.

In the event of a missed appointment, the service will be provided in accordance with the usual fairness and economic impartiality between the various users. The Carrier shall not be entitled to any claim relating to the duration of the immobilisation.

Boats/trains that have announced their arrival and are registered on the handling schedule have priority over those that have not announced their arrival or are late. Other boats/trains will be managed on a “first come, first served” basis. In the event that two boats/trains with “priority” status for the above-mentioned reason are competing for the same space, the “first come, first served” rule will be applied.

By way of derogation from the order of takeovers fixed under the conditions of the above paragraph, orders are carried out as soon as possible, and according to the output specified in the offer of services accepted by the Client. The Operator shall endeavour, within the framework of its published working timetables, to consider, where they exist, the timetable constraints of existing and known regular lines for river and rail transport.

The removal of Goods from stock takes place in response to the written request made by the Client under the conditions set out in article 6.1.

7.2 – WAITING TIMES AND IMMOBILISATION

Before taking charge of the Goods at the reception point, the Operator assumes no liability for waiting times and for any subsequent damage such as immobilisation costs that may result for the Client and for the Carrier from a large influx of operations or an interruption in operations, whatever the cause. These delays suffered by the Carriers and the Client do not entitle the Operator to any compensation.

The Operator shall not be held liable for downtime, delays, damage, or any other harmful consequences that may result from or be the consequence of checks carried out by the customs authorities pursuant to the legislation in force. Any delays, for whatever reason, may not authorise the Client to terminate the contract, nor give rise to a right to damages or penalties in the event of force majeure, stoppage of transport and energy supplies, administrative decisions and other events beyond the control of the Operator in accordance with the provisions of articles 7.1 and 9.2.

Staries and demurrage or other loading or unloading deadlines agreed between the Client and the Carrier, in particular for waterway transport, are not enforceable against the Operator.

ARTICLE 8 – STORAGE

The Operator, in its capacity as depository , other than incidental and free of charge, shall take the utmost care to preserve the Goods entrusted to it with a view to returning them in the condition observed when they were deposited; any deterioration that is not due to the fault of the Operator shall be borne by the Client. The Goods deposited may not give rise to any information with regard to third parties. The Operator’s employees are bound by strict discretion in this respect.

The Operator authorises the deposit of the Goods entrusted to it:

• as an accessory deposit, free of charge, to the handling contract for Goods unloaded and immediately reloaded “via quay” or during the period provided for, as the case may be;
• as a chargeable deposit from the time of unloading for empty or full containers in excess of the excess, where applicable;
• as a chargeable deposit upon unloading of all Goods other than containers and those for which handling is not the main element of the contract.

If, in the context of a request for transhipment of Goods, the Operator notes after unloading that it is impossible to load the Goods in the absence of the Carrier designated by the Client, the Goods shall be placed in temporary storage at the Client’s exclusive cost, risk and peril. Similarly, if, after unloading by the Operator, the latter finds that the poor condition of the Goods or their packaging does not allow them to be taken back under normal conditions for storage, it is the Client’s responsibility to pay for any additional costs that may be necessary to carry out the handling.

All Goods are stored in the open air on port storage areas that are closed to access by motorised land vehicles.

The Goods on deposit are pledged, pursuant to articles 2333 et seq. of the Civil Code, for all storage, handling and other costs owed to the Operator. The Operator remains free to dispose as it sees fit of the premises for the storage of the Goods on its storage areas.

In the event of storage or warehousing beyond the period estimated in the storage contract or in the event of a delay in the removal of a Good, the Operator reserves the right to repossess the occupied storage areas after giving the Client one (1) month’s notice.

Goods in breach of these GTCS or which may cause damage to other goods or to the warehouse may be compulsorily removed at the Client’s expense and without prior notice. Dangerous Goods may not be stored for more than forty-eight (48) hours on the Terminaux de Seine sites.

ARTICLE 9 – INSURANCE AND EXTERNAL RISKS

9.1 – INSURANCE

No insurance is taken out by the Operator, whether for fire, theft or other risks and damage to the Goods and/or containers as part of its services or open-air storage.

Consequently, it is the Client’s responsibility to take out damage insurance to cover its Goods against all risks and damage in order to be fully indemnified in the event of a claim, considering the applicable legal or conventional limitations of liability. The Client is also invited by the Operator to take out insurance covering its civil liability.

The risk of flooding of the river near which the site is located is one of the main natural risks in the Ile-de-France region. Port sites located on the Seine River are part of the flood expansion zone and may be affected.

9.2 – FORCE MAJEURE

Notwithstanding the provisions of article 1218 of the  Civil Code, and in addition to those generally accepted by the case law of the French courts, force majeure is only considered to be an irresistible event outside the control of the Party invoking it, occurring during the performance of the contract and preventing that Party from performing all or part of its contractual obligations.

It is thus expressly provided that industrial disputes, strikes, lock-outs, epidemics, blockage of means of transport or supply, earthquakes, natural disasters, fire, storms and gusts of wind in excess of 70km/h, frost, storms and floods, bad weather, water damage, government or legal restrictions, disturbances in telecommunications including the switched network of telecommunications operators, mechanical incidents (stoppage of machines due to an accident or breakdown), demonstrations, riots, roadblocks, damage caused by foreign war, civil war, rebellion, insurrection, military mutiny, terrorist attack or revolution and all other cases beyond the control of the parties, constitute cases of force majeure from which the Operator may avail itself.

In the event of force majeure, the Operator shall inform the Client in writing, in accordance with the communication procedures in article 6.1, of the occurrence of the event preventing it from performing its contractual obligations and/or requiring it to evacuate the Goods.

If this suspension lasts for more than one (1) month from the occurrence of the event, the contract may be terminated by the most diligent Party, giving thirty (30) days’ notice. In this case, neither Party may be held liable for any compensation in this respect, provided that the Client pays the price of the services provided.

As part of its obligations as depository, the Operator shall take appropriate measures to mitigate or limit the consequences of this event on the Goods. In any event, in the event of force majeure, the Operator shall not be liable for any consequences whatsoever (e.g. damage to the Goods).

ARTICLE 10 – OPERATOR’S LIABILITY

In the event of proven damage  attributable to the Operator, the Operator  shall only be liable for damages that could have been foreseen at the time of the conclusion of the contract  and which only include what is an immediate and direct consequence of the non-performance within the meaning of Articles 1231-3 and 1231-4 of the Civil Code. These damages may in no case exceed the amounts stipulated below and constitute the consideration for the liability assumed by the Operator. The Client and its insurer waive any recourse against the Operator beyond these limitations and conditions.

In any event, except in the case of a specific agreement, for which the Operator may be held liable on any grounds whatsoever, no compensation may be obtained for direct or consequential immaterial loss or damage, and/or consequential material damage.

Furthermore, the Operator cannot be held liable for the consequences of any nature resulting from the following events:

• force majeure, as defined in these GTCS;
• inherent defect in the Goods or damage resulting from the alteration of the Goods during the performance of the services;
• damage to the Goods prior to their acceptance by the Operator;
• damage to Goods that the Client has not insured or has insufficiently insured;
• due to the fault of third parties to the Contract;
• fault or misrepresentation on the part of the Client, transmission of incomplete, erroneous, inapplicable, and/or late information.

Finally, these GTCS exclude any loss, damage, liability, costs, or expenses of any nature whatsoever resulting, directly or indirectly, from a cyber-attack or attempted cyber-attack on The Operator or its Substitutes, regardless the source, and in particular if this prevents it from performing its services. The Client acknowledges that, despite all the precautions that may be taken by The Operator, electronic transmissions of information and data may carry viruses or malicious intrusions and that in this respect, The Operator may not be held liable in the event of damage suffered.

In addition, the Client is required to take, in any event, the necessary measures to limit the damage it suffers as a result of the alleged breach. If the Client fails to comply with its obligation to minimise the damage it suffers, the Operator may request a reduction in the damages that it may owe the Client under its liability as provided for in this article. This reduction should effectively correspond to the amount of the loss that the Client would have suffered if it had complied with its obligation to minimise its damage.

In the event of damage to Goods and/or a ITU and/or handling equipment, following a service carried out by the Operator, the Client undertakes to invite the Operator to the appraisal within a reasonable period of at least forty-eight (48) hours. The conclusions of expert assessments for which the Operator has not been invited/advised by the Client shall in no circumstances be enforceable against the Operator, which shall be released from all liability.

10.1 – HANDLING OPERATIONS

The Operator shall only be held liable in the event of proven fault on its part.

For all handling operations, the Operator’s liability is limited:

• For Goods of any kind not carried in an Intermodal Transport Unit (ITU), Goods in bulk and, more generally, anything not included in the point below: may not exceed the sum of two thousand three hundred euros (€2,300) per tonne of gross weight per handling unit, or damaged or missing Goods, but not exceeding the sum of  fifty thousand euros (€50,000) per event and subject to the limit of justified actual costs.
• For Goods contained in an ITU (containers, swap bodies, semi-trailers or other similar loading units used in intermodal transport): may not exceed the sum of two thousand five hundred euros (€2,500) for the ITU plus, for the gross weight of the Goods in tonnes (without taking into account the weight of the ITU), a maximum of two thousand three hundred euros (€2.300) per tonne, regardless of the packaging of the said Goods, the number of Parcels or pallets within the ITU and regardless of the indications appearing on the transport tickets for the compensation of the owner(s) of the Goods, without being able to exceed fifty thousand euros (€ 50,000).
• For an empty ITU: may not exceed the sum of two thousand five hundred euros (€2,500) per ITU.

10.2 – STORAGE OPERATIONS, INCLUDING CUSTOMS STORAGE

The Operator’s liability in respect of storage operations is strictly limited to a maximum of two thousand three hundred euros (€2,300) per tonne of gross weight of missing and/or damaged Goods, but may not exceed the sum of  fifty thousand euros (€50,000) per event and within the limit of the actual justified costs. This limitation also applies to losses and damage noted on leaving a temporary storage facility (TSF) or occurring during a transfer between two TSFs and only if the Operator is held liable in this respect.

10.3 – LIFTING OVERSIZED PARCELS (only for LAUTERBOURG RHINE TERMINAL)

The Operator may only be held liable when the services are entirely designed by it, carried out under its direction, using exclusively the equipment of its choice, including slings and ropes, or when the operations are carried out under its exclusive responsibility. In any event, the maximum amount of compensation due for material damage or damage caused to the Goods and possibly to the ITU, is strictly limited to  two thousand three hundred euros (€2,300) per tonne of gross weight per handling unit, or of Goods contained in the ITU concerned, but without being able to exceed the sum  of fifty thousand euros (€50,000) per event.

10.4 – FREIGHT FORWARDING OPERATIONS

The Operator’s liability in respect of its Substitutes is limited to that incurred by the Substitutes in the context of the operations entrusted to them. Where the limits of compensation for Substitutes are not known, do not exist, or do not result from mandatory legal or regulatory provisions, they are deemed to be identical to those relating to the personal liability of the Operator as described below.

Except in the case of intentional or inexcusable fault, the Operator’s personal liability is limited in accordance with the following provisions:

– Loss of or damage to the Goods and/or ITU: twenty euros (€20) per kilogram of gross weight of missing or damaged Goods (and/or ITU) without being able to exceed, whatever the weight, volume, dimensions, nature or value of the Goods concerned, a sum greater than the product of the gross weight of the Goods expressed in tonnes multiplied by five thousand euros (€5,000) with a maximum of fifty thousand euros (€50,000) per event.

– Other damage, including in the event of a duly recorded delay in delivery: the price of transporting the Goods (excluding duties, taxes and miscellaneous expenses) or the price of the service that caused the damage, which is the subject of the contract, up to a maximum of eight thousand euros (€8,000). This compensation may not exceed that due in the event of loss of or damage to the Goods. In any event, the liability of the Operator may only be sought for damage resulting from a delay in the provision of the service ordered, if an imperative date for the provision of the service has been expressly requested by the Client and accepted by the Operator.

10.5 – ROAD TRANSPORT OPERATIONS

In the event that the Operator is held liable, for whatever reason and in whatever capacity, in connection with the performance of transport operations, such liability shall be limited to the limitations set down in the legal or regulatory provisions in force:

• For any loss of or damage to the Goods, whether or not they are carried in an ITU:
  • for shipments of less than three tonnes (3 T), this compensation may not exceed thirty-three euros (€33) per kilogram of gross weight of missing or damaged Goods for each of the items included in the consignment, without exceeding one thousand euros (€1,000) per lost, incomplete or damaged Parcel, whatever the weight, volume, dimensions, nature or value;
  • for shipments of three tonnes (3T) or more, it may not exceed twenty euros (€20) per kilogram of gross weight of missing or damaged Goods for each of the items included in the shipment , without being able to exceed, for each lost, incomplete or damaged consignment whatever its weight, volume, dimensions, nature or value, a sum greater than the product of the gross weight of the consignment expressed in tonnes multiplied by three thousand two hundred euros (€3,200).
• For the loss of and/or damage to a ITU (containers, swap bodies, semi-trailers or other similar loading units used in intermodal transport): two thousand five hundred euros (€2,500) per ITU. This compensation is in addition, where applicable, to the compensation due for the loss of and/or damage to the Goods.

10.6 – DECLARATION OF VALUE

The Client may at any time make a declaration of value which, if determined by him and accepted by the Operator, shall have the effect of substituting the amount of this declaration for the compensation limits indicated in these GTCS. This declaration of value will result in a price supplement. The instructions must be renewed for each operation.

10.7 – SPECIAL INTEREST IN DELIVERY

The Client may always make a declaration of special interest in delivery which, if determined by him and accepted by the Operator, shall have the effect, in the event of delay, of substituting the amount of this declaration for the compensation limits. This declaration will result in a price supplement. The instructions must be renewed for each operation.

ARTICLE 11 – PRICES

Prices are freely fixed by the Parties and the quotations issued by the Operator are estimates based on information provided by the Client, considering in particular the services to be performed, the cost of fuel, the nature, value, weight, and volume of the Goods. The quotations include the cost of the service provided, including any specific instructions, the cost of any ancillary services agreed, plus the conditions and rates of the Operator’s Substitutes.

Quotations are based on the exchange rate at the time the quotation is given.

They are also subject to the laws, regulations, and international conventions in force, and to the limitations of liability of the Operator and/or its Substitutes.

If one or more of the elements mentioned above are modified, including by the Operator’s Substitutes , after the quotation has been submitted, or even after one or more invoices have been issued by the Operator, the prices originally given will be modified under the same conditions and will give rise, where applicable, to additional invoicing by the Operator. The price of the services will, for example, be modified when the weight and/or volume and/or value of the Goods announced by the Client prove to be inaccurate, the corrected elements alone will justify a modification of the price which the Client undertakes to accept. In addition, any variation in the price of fuel will give rise to a price change by the Operator in accordance with the provisions of articles L. 3222-1 and L.3222-2 of the Transport Code. In general, any surcharge, temporary or definitive, that the Operator’s Substitutes impose on it will be passed on to the Client, who undertakes to pay it.

Prices are quoted exclusive of tax and do not include duties, taxes, fees and levies due in application of any regulations, particularly fiscal or customs regulations, which shall be borne exclusively by the Client.

Duties, taxes, fees, and taxes are those in force on the date of the Operator’s invoice or that of its Substitute and appear separately on each invoice.

If these duties, fees, taxes and/or any other charges or surcharges have to be paid by the consignee, the shipper, or any person other than the Operator, the latter shall remain jointly and severally liable for their payment.

ARTICLE 12 – PAYMENT TERMS

Services are payable outright upon receipt of the invoice, without discount, at the place of issue and, in any event, within a period that may not exceed thirty (30) days from the date of issue in accordance with Article L.441-11 of the Commercial Code.

The Client shall always be liable for payment.

In accordance with article 1344 of the Civil Code, the debtor is deemed to have been given notice to pay by the mere fact that the obligation is due.

In the absence of special written conditions between the Client and the Operator, partial or total non-payment of an invoice on the due date shall automatically lead to the  payment of interest at the interest rate applied by the European Central Bank at its most recent refinancing rate plus three (3) percentage points on the amount, including all taxes, of the sums due, without the need for any formal notice. For the calculation of late payment interest, the period taken into account begins on the due date shown on the invoice and ends either on the date of receipt of the payment voucher, or on the date on which the Client’s account is debited in the case of direct payment.

Non-payment of a single invoice shall result in the forfeiture of the term, the due dates for current instalments and the suspension of the performance of current orders. The Operator is also entitled to claim damages and/or terminate the current contract if the Client has not paid the price of the services within the agreed term.

The unilateral compensation of the amount of the alleged damages on the price of the services due is forbidden.

ARTICLE 13 – SECURITY

The Operator of the site reserves the right to take any action at any time in order to protect the safety of goods and persons and/or the integrity of the site, and/or to guarantee the fulfilment of its legal or regulatory obligations. This also includes any action leading to an interruption in the service provided to the Client, subject to non-discriminatory treatment. The Client may not claim any damages from the Operator for the consequences of an interruption in the service.

ARTICLE 14 – CONVENTIONAL RIGHT OF WITHHOLDING AND CONVENTIONAL RIGHT OF PLEDGE

The Client expressly recognises  that the Operator has a contractual right of pledge with a contractual right of retention on  all the Goods, securities and documents in the possession of the Operator as security for all the claims (invoices, interest, costs incurred, etc.) that the Operator has against it, for all claims , even prior to or unrelated to the operations  carried out for the Goods, securities or documents that are actually in its hands.

ARTICLE 15 – COMPLIANCE CLAUSE WITH THE GENERAL DATA PROTECTION REGULATION

The Parties undertake to comply with French and European regulations on data protection.

The Parties undertake to take all necessary measures to ensure that the collection and processing of personal data comply with the applicable provisions. In this respect, each Party guarantees to respect that the right of access, rectification, limitation, portability, removal, and opposition of personal data.

ARTICLE 16 – COMPLIANCE, PENALTIES AND ANTI-CORRUPTION CLAUSE

The Parties shall comply with regulations on competition, financial transparency, and prevention of conflicts of interest and corruption.

The Parties undertake, both for themselves and for their employees, to comply with all applicable internal procedures, laws, regulations, and international and local standards relating to the fight against corruption and money laundering.

Each of the Parties warrants that neither it nor any of its servants has made or will give any offer, remuneration, payment, or benefit of any kind whatsoever which constitutes or may constitute or facilitate an act or attempt of bribery.

The Parties undertake, on the one hand, to inform each other without delay of any element  that  may come to their knowledge that may entail  their liability under this Article and, on the other hand, to provide any assistance necessary to respond to a request from a duly authorised authority relating to the fight against corruption.

Any failure by the Client to comply with the stipulations of this article shall be considered a serious breach allowing the Operator to terminate their relationship without notice or compensation of any kind.

In the event that the Operator is subject to sanctions imposed by national, European, and/or international regulations, it cannot be held liable in the event that it is no longer able to fulfil its contractual obligations.

The Client expressly declares that he is not subject to any national, European, or international sanctions.

 ARTICLE 17 – CANCELLATION – NULLITY

In the event that any one of the provisions of these GTCS is declared null and void or deemed unwritten, all the other provisions shall remain applicable.

ARTICLE 18 – CLAIMS, FORECLOSURE AND TIME BAR

18.1 – CLAIMS IN THE EVENT OF DAMAGE

Any claim must be submitted by the Client in writing (by recorded delivery with acknowledgement of receipt) within three (3) days of the occurrence of the loss and/or damage, failing which it shall be deemed to have been established by both parties in the presence of the Operator or its employees .

18.2 – CLAIMS RELATING TO INVOICED SERVICES

To be admissible, any claim must be submitted by the Client to the Operator in writing within thirty (30) days of the invoice being sent.

Compensation of the amount of the Client’s alleged damages on the receivables held by the Operator is forbidden.

18.3 – TIME BAR

All claims to which the contract concluded between the Parties may give rise shall be time-barred within one (1) year of the performance of the disputed service or the date on which it should have been performed.

ARTICLE 19- APPLICABLE LAW – JURISDICTION CLAUSE

French law is applicable to these GTCS, to the documents referring to them and to the contracts concluded with the Client.

Any dispute between the Parties relating to the conclusion or performance of the services provided by the Operator under these GTCS, or to their interpretation, which cannot be resolved  amicably between the Operator and the Parties, only the Commercial Court of Nanterre is competent to hear the case,  notwithstanding the plurality of defendants and/or  third party  proceedings.

 ARTICLE 20 – ENTRY INTO FORCE

These GTCS shall enter into force on […].

The Operator reserves the right to modify these GTCS at any time. These modifications will be brought to the attention of the Client prior to their application. It is specified that the applicable GTCS are those in force on the date of the order or the Operator’s offer.

---

Gennevilliers, July 31st, 2024

Exclusion of dangerous products and materials from the PARIS TERMINAL SA multimodal site
CLASSES	SUBCATEGORIES	PRECISIONS ON EXCLUSIONS
class 1 Explosive materials and objects	1.1 à 1.6	Prohibition on class 1 MDs
class 2 Gas	2.3 Toxic gases	In tankers and parcels
class 7 Radioactive materials	7	Prohibition on MD class 7
ALL TRANSPORT IN BULK OF  DANGEROUS PRODUCTS AND MATERIALS