Terms and conditions

General Terms of carriage and Associated Services applicable as from 1st July 2010

English translation for information purposes only. In case of conflict the French original of these conditions is considered valid and binding. 

ARTICLE 1 - SCOPE
Geodis Ciblex as a forwarder [commissionaire de transport] and/or carrier arranges the carriage of urgent packages at ambient temperature.
All services provided by Geodis Ciblex that precede, supplement or follow the operation of transporting parcels when they are covered by a transport document form part of the transport operation and/or are accessory to it.
All proposals or quotations provided by Geodis Ciblex are valid for 3 months, starting from the date they are issued. Any booking, despatch or operation of any sort, except where there is specific agreement between the parties, implies express and unconditional acceptance by the customer of these terms and renunciation by him of his own general terms of purchase.
Contractual relationships are governed by these general terms and in the absence of agreement, by the ‘contrat type général’ (French decree no. 99-269 of 6 April 1999 modified).
ORDERS: A verbal order or an electronic data information with a transfer of documents has the status of an order but Geodis Ciblex reserves the right to ask for an order in writing. Customers’ orders should clearly show their company name, address and company registration number. Full instructions should be provided for each consignment.
Delivery is normally provided in the built-up areas served on a regular basis to the ground floor or yard in the case of industrial or commercial establishments. The unit weight of a parcel entrusted to Geodis Ciblex must not exceed 30 kg.
It is the sender of the goods’ responsibility, in a situation where he expects payment by the consignee on delivery, to inform Geodis Ciblex of this fact in a written document, separate from the other documentation he sends to Geodis Ciblex, the document specifying as a matter of course in what form (other than cash) payment is required. Where such a document is not provided, Geodis Ciblex shall not be obliged to hand over the goods against payment and nevertheless, if delivery is carried out as requested by the sender, payment shall be by cheque. In any case, rejection of the means of payment, for whatever reason, in particular due to a lack of funds in the consignee’s bank account, is the responsibility of the latter alone and Geodis Ciblex can have no responsibility in the matter. Geodis Ciblex will accept cash on delivery up to a maximum unit value of €7,600, and cannot accept liability beyond this maximum amount for whatever cause or reason.
GEODIS 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 transport risk which Geodis Ciblex is not able to accept, and in particular any goods listed below, without this list being exclusive:
1) 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.
2) Photos, negatives, plans, tracing, discs, tapes of which the customer has not retained a copy so as to make a duplicate (Geodis Ciblex will not accept any responsibility for delay or impossibility to make a duplicate), identity papers, visas, resident permits, vehicle registration documents;
3) 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.
4) Plants, live or dead creatures, human remains, funeral urns, foodstuffs and perishable goods (excepted medical goods).
5) Firearms, military materials and documents and similar, pornographic literature or materials, alcohol, tobacco, narcotic products, products prohibited from import into the destination country.
6) 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:
Class 1 : Explosive materials and objects
Class 2 : Gases Class 3 : Inflammable liquids
Class 4.1 : Inflammable solids
Class 4.2 : Materials subject to spontaneous combustion
Class 4.3 : Materials which, in contact with water give off inflammable gases Class 5.1 : Combustive materials
Class 5.2 : Organic peroxides
Class 6.1 : Toxic materials
Class 6.2 : Infectious materials
Class 7 : Radioactive materials
Class 8 : Corrosive materials
Class 9 : Miscellaneous dangerous materials and objects
7) Substance and preparation that are harmful, irritating, sensitizing, carcinogenic, mutagenic, toxic for reproduction or dangerous for environment.
In the event that a customer entrusts such articles to Geodis Ciblex, the customer shall indemnify Geodis Ciblex against all claims, damages, interest or costs which may result, and Geodis Ciblex shall have the right to dispose of such articles in such a manner as it deems fit, including the right to abandon their carriage forthwith.  

ARTICLE 2 - ACCEPTANCE OF CARRIAGE
Subject to payment of the cost of carriage according to current price lists, and as long as it is technically and administratively possible, Geodis Ciblex undertakes to transport customers’ consignments from their point of departure to the agreed destination.
In the absence of particular instructions from the principal, Geodis Ciblex may employ, at its convenience, any route or means for the carriage of goods entrusted to it as well as any intermediaries, agents and/or miscellaneous carriers, who are deemed to be approved by the customer in advance.
In the absence of specific and exceptional derogation, advised or refused parcels are returned to the consignor within 7 calendar days (at the customer’s expense).
Any event outside Geodis Ciblex's control, even when not attributable to a situation of force majeure (strike, interruption of traffic on the planned route, etc) shall suspend the execution of its contractual obligations for the duration of the event.
The customer remains responsible for any loss, harm or cost occasioned by the non-respect by him of the obligations required under these terms or resulting from his own negligence.
Goods must be packaged, wrapped, marked or countermarked in such a way as to withstand carriage under normal conditions and to withstand the successive handling that occurs during transport.
The principal is responsible for all consequences arising from the absence, inadequacy or defective nature of packaging, wrapping, marking or labelling, as well as any failure in his obligation to provide information.
International carriage / Customs formalities: when a parcel needs to be cleared through customs, the consignor is obliged to produce any complete and accurate document necessary for accomplishment of customs formalities pursuant to the applicable regulations. Geodis Ciblex will contract with any authorized customs broker of its choice to proceed to customs declaration. The customs and tax debt and the charges for the customs broker’s and Geodis Ciblex’s services for the accomplishment of customs formalities will be invoiced to the consignee and payable on delivery. The consignor shall indemnify Geodis Ciblex for payment of these sums and for all consequences thereof including financial consequences resulting from erroneous instructions and/or inapplicable or delayed documents, or for any breach involving payment of duty and/or additional tax and fines of whatsoever nature levied by the relevant authorities.
It remains the exclusive responsibility of the customer to address each consignment adequately and completely in such a way as to permit effective delivery and Geodis Ciblex cannot be held liable for any delay to delivery or carriage due to the customer not fulfilling this obligation. Geodis Ciblex will not accept any consignment for which the only address is a post box.
LIABILITY: (Limitations clause)Prices of services provided are set taking account of the following limitations to liability which constitute the counterpart of the responsibility assumed by Geodis Ciblex. Geodis Ciblex’s liability (if any) for consignments it agrees to carry, whatever the type of service 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 kilo gross weight of the goods affected up to a maximum of €750 per parcel whatever the weight, volume, dimensions, type or value, it being understood that the compensation paid, within the above limits, obviously may not exceed the real and documented value of the goods;
- for international carriage : to 8.33 special drawing rights per kilo gross weight of the affected part of the goods.The customer may at his own expense and before collection (excluding mobile phones and deliveries without signed receipt) expressly take out ad valorem insurance, up to a maximum of €15,000 per parcel, €34,000 per collection and €75,000 per event, through the services of Geodis Ciblex.
2 - If the loss is attributable to a delay in delivery or is anything other than a material loss: to the cost of carriage of the goods (duties, taxes and miscellaneous costs excluded).
It is however possible for the customer to take out additional insurance coverage “declaration of a special interest in delivery” at his own expense and before collection, to a maximum of €15,000 per parcel through the services of Geodis Ciblex.
Settlement of losses is in the form of a credit note on the basis of damage suffered according to the cost price ex VAT of the goods or on the basis of a quotation for repair taking account of any depreciation.
In all the above cases, indemnity can never be extended to cover repair or compensation of any sort, for whatever consequential loss or damage, consecutive or not consecutive, that may be suffered by the customer, the consignee of the consignment or any third party, except for what is stipulated in paragraph 2 above.
In case of loss or damage, the consignee should list his precise and justified reservations on the transport document. The consignee’s electronic signature, as well as its reproduction, shall constitute proof of delivery of the parcels and the parties shall accord this signature legal status identical to that of a traditional signature on paper.
Any claim made by a customer against Geodis Ciblex shall be notified by registered letter within 3 days (not counting public holidays) of the date on the delivery receipt or from the date he becomes aware of the loss in the case of total loss or disappearance and within a maximum of 6 weeks of the estimated delivery date.
Geodis Ciblex shall be exempt from liability in the case of theft, loss, delay or damage attributable either to force majeure, or to the actions or fault of the consignor or consignee or a third party, or to inherent vice of the goods themselves.  

ARTICLE 3 – INSURANCE FOR DAMAGE TO GOODS
No insurance is contracted unless it is specifically ordered in writing, repeated in the case of each despatch. Customers wishing to take out insurance covering special risks shall agree the risks to be covered (such as leakage, deformation, rust, oxidation, delay, etc.). Where risks are not specified, insurance will only cover the ordinary risks of transport.
No claim shall be allowed without the production of a duly constituted damage or loss report provided by the insurer’s approved 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 shall not be paid to the customer except where it is received by Geodis Ciblex from the insurance company. Customers who cover transport risks themselves must specify to their insurers that they can only exercise recourse against Geodis Ciblex within the limits specified in articles 2 and 3.  

ARTICLE 4 - PRICE
All prices are quoted excluding VAT and VAT will be added at the rate in force at the time the services are provided.Except where stipulated to the contrary, prices do not include duties, charges and taxes imposed by the tax or customs authorities (such as import duties, taxes, etc), nor sheeting, nor parking and repair costs or any other related costs, except where these costs are expressly specified in the offer.
Services provided on a monthly basis will be subject to a minimum invoice of €150.
Prices quoted are established on the basis of data and quantities indicated by the customer. In case of variation of the data or quantities, the parties shall consult with a view to establishing new prices incorporating the changes to the data, in particular when the quantities of parcels and/or consignments are less than those initially specified. In addition, prices shall be subject to revision on a 6 monthly basis, in particular according to the CNL ROUTE indexes using the following formula: PN = PO X IN/IO. (PN: revised price for the year N ; PO : base tariff shown in the appendix; IO : last known index before agreement of the current contract; IN : last known index on the date of the revision).
If economic, political or technological circumstances that are unforeseeable by the parties and which are outside their control arise subsequent to the conclusion of the agreement, overturning the balance of the contractual relationship and making execution of the agreement onerous for either of them, so that the burden of execution of the agreement is greater than initially contemplated by the parties, this party shall be able to request revision or renegotiation of all or part of this agreement to the other party.
On pain of foreclosure, the party seeking the revision shall inform the other party by registered mail within the month following the event. The parties shall consult in good faith with a view to revising this agreement on an equitable basis and avoiding any excessive loss for either of them. Failing such agreement being reached within 30 days of the notification referred to in the previous paragraph, this contractual relationship may be cancelled by the party suffering the excessive loss sending a registered letter to the other party.
PARTICULARITIES:
For the following services (non-exhaustive list) requiring specific materials or rising specific costs, the normal transport price shall be increased by an additional charge based on the applicable tariff on the day of delivery: pickup transit note, Saturday morning delivery, pickup out of regular site, cash on delivery, time slot required, pickup or delivery in Corsica and in littoral islands, delivery in the CDISPO network, deliveries to nuclear power stations, ministries, embassies, professional shows, ski resorts, as well as collections requested by phone.
In addition, when the linear measurement of a parcel (=length (cm) + width (cm) + height (cm)) is more than or equal to two metres or when its gross physical declared checked or dimensional weight, is equal to or more than 30 kg, a charge for an oversized parcel will be due as well as a supplement per additional kilo at the current tariff.
The customer shall accept that Geodis Ciblex has the parcels weighed during transport. The higher of the weights, between the physical weight (gross weight) declared by the customer, and the physical weight (gross weight) ascertained by the carrier and the dimensional weight (=length (cm) X width (cm) x height (cm) divided by 6000) rounded up to the next price band will be used as a basis for invoicing.
In addition, according to the COLIFACTOR principle, where customers are invoiced by batches, any collection of more than 2 parcels on the same day for the same consignee will be increased by the first price band and each additional 2 parcels will lead to a supplement being applied equivalent to the first price band applicable to the customer.Images of proofs of delivery can be displayed on Extranet and they are only provided in paper format in case of a real and serious dispute on the part of the consignee. In all other circumstances, the customer must pay a fixed sum of €45 ex VAT per proof of delivery.  

ARTICLE 5 - PAYMENT
Acceptance of carriage constitutes the event generating invoicing. Invoices are payable in full on receipt and by bill or letter of exchange. When delayed payment has been agreed, payment should be made within 30 days of the invoice date by bill or letter of exchange. Any partial payment, in whatever form, will be assigned in the first instance to the unsecured portion of the debt. Acceptance of carriage under terms that are an exception to the principle of full payment implies no waiver of rights, Geodis Ciblex retaining all its rights and prerogatives.
Any claim relating to the description or amount of Geodis Ciblex’s invoices should, on pain of foreclosure, be notified to Geodis Ciblex in the month following the date of the invoice subject to dispute, in other words the date shown on the invoice in question.All invoices remaining unpaid on the due date, will be immediately subject as of right to late payment interest at 5 times the French legal interest rate. In case of delay or default in payment on the due date, all sums payable shall become due immediately.In addition, any invoice where payment is recovered by litigation shall be subject to an increase of a fixed indemnity of 10% by way of a penalty clause, with a minimum of €150.
All services that Geodis Ciblex agrees to provide are provided taking into account the fact that the customer will actually make payments when they become due. Also, if Geodis Ciblex has serious or particular reason to be concerned about the solvency of the customer at the time of the order, or subsequent to that date, or further if the customer does not offer the same financial guarantees as on the date when the order was accepted, Geodis Ciblex shall be entitled to make its acceptance of the order or pursuit of its execution subject to the provision by the customer of the necessary guarantees, and in particular bank guarantees. Geodis Ciblex shall have the right on acceptance of any order in course of execution, to require the customer to communicate documents enabling Geodis Ciblex to assess the customer’s state of solvency.
Any order from the customer subsequent to the date of a legal procedure of administration or receivership being opened and during the period of such a procedure:
- implies payment in advance or, failing that, that the order shall be paid for cash on delivery.
- and is subject to an order initialled by the appointed administrator and immediate payment by cheque countersigned by the administrator.
In the event of the customer’s failure to perform its duties including non payment of its invoices when due, Geodis Ciblex reserves the right to terminate the commercial relationship 1 month after an unfulfilled demand sent by registered mail.  

ARTICLE 6 - RIGHT OF RETENTION
Under articles L 132-2 and L 133-7 of the French Commercial Code, the client will constitute, in favour of Geodis Ciblex, a permanent lien over all consignments, parcels and documents owned by the client and which it entrusts to Geodis Ciblex for execution of its services.
This right of lien to the exclusive benefit of Geodis Ciblex shall guarantee, in a general and permanent manner, the payment of all debts held by Geodis Ciblex with regard to the customer, under whatever title, at present or in the future.  

ARTICLE 7 - APPLICABLE LAW AND ASSIGNMENT OF JURISDICTION
This contract is subject to French law. Any dispute shall be subject to the jurisdiction of the Commercial Court at the place of Geodis Ciblex’s registered offices which alone 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.