Article 1 – PURPOSE AND FIELD OF APPLICATION
The purpose of these general conditions is to govern the contractual relations between a principal and a “Transport and / or logistics operator”, hereinafter referred to as the OTL, in respect of any commitment or operation whatsoever in link with the physical movement, by any mode of transport, and / or the physical or legal management of stocks and flows of any goods, packaged or not, from any origin and for any destination and / or in connection with the management of any flow materialized or dematerialized information.
The definitions of terms and concepts used in these general conditions are those of the standard contracts in force.
These general conditions prevail over any other general or specific conditions issued by the principal.
In the event of special conditions agreed with the principal and in the silence of the latter, the general conditions continue to apply.
The principal or any substitute agent acknowledges having read, prior to the acceptance of this quotation, the General Conditions of Sale available on our site http://www.centrimex.com/cgv.html and have expressly accepted them.
These General Conditions of Sale, including the jurisdiction clause, are an integral part of the contractual relationship.
Article 2 – PRICE OF SERVICES
2.1 – Prices shall be calculated on the basis of the information provided by the payer, taking into account in particular the services to be performed, the nature, weight and volume of the goods to be carried and the routes to be taken.
Quotes are based on the exchange rate at the time of the quotation. They are also dependent on the fluctuations of the conditions, the variable overloads and valid at the time of the shipping called VATOS (e.g. BAF, CAF etc.) and tariffs of the substitutes as well as the laws, regulations and international conventions in force. If one or more of these basic elements were modified after the quotation was submitted, including by the O.T.L.’s substitutes, in a manner that was opposable to the latter, and on the evidence reported by the latter, the prices given in the first place would be changed without notice. The same would apply in the event of any unforeseen event, including a change in one of the elements of the benefit.
2.2 – The prices do not include the duties, taxes, fees and taxes due in application of any regulations, particularly fiscal or customs.
2.3 – Extra fees are to be expected and due in the event of cancellation after acceptance of the quotation for any reason whatsoever, the amounts will be automatically invoiced to the Principal.
2.4 – The prices initially agreed are renegotiated at least once a year.
2.5 – Storage prices are deemed firm and accepted at quotation.
Unless specific commercial provisions have been agreed in advance, storage costs for goods will run from fifteen days for goods classified as dangerous, and from thirty days for all other types of goods stored in the OTL’s warehouses.
2.6 – All claims relating to invoices issued by OTL must be sent in writing to OTL within 15 days of the date of issue.
After this period, no complaint may be taken into account or give rise to any action whatsoever.
Article 3 – GOODS INSURANCE
No insurance is taken out by IO.T.L. without a written and repeated order from the principal for each shipment, specifying the risks to be covered and the values to be guaranteed.
If such an order is given, the O.T.L., acting on behalf of the ordering party, takes out insurance with an insurance company known to be solvent at the time of the cover. In the absence of a precise specification, only ordinary risks (excluding war and strike risks) will be insured.
Acting in this specific case as an agent, the O.T.L. can not be considered under any circumstances as an insurer. The conditions of the insurance policy are deemed to be known and approved by the senders and recipients who bear the cost. A certificate of insurance will be issued, if requested.
Article 4 – EXECUTION OF SERVICES
The dates of departure and arrival possibly communicated by the O.T.L. are given for information only. The principal is required to give the necessary and precise instructions to the O.T.L in good time. for the performance of transport services and ancillary services and / or logistics services.
The O.T.L. does not have to check the documents (commercial invoice, packing note, etc.) provided by the principal.
All specific delivery instructions (cash on delivery, declaration of value or insurance, special interest in delivery, etc.) must be the subject of a written order repeated for each shipment and the express acceptance of the O.T.L.
Article 5 – OBLIGATIONS OF THE CONTRACTOR
5.1 – Packaging and labeling:
5.1.1 – Packaging:
The goods must be conditioned, wrapped, marked or countermarked, so as to withstand transport and / or storage operation carried out under normal conditions, as well as the successive handling operations which necessarily occur during the course of these operations.
It must not constitute a cause of danger to driving or handling personnel, the environment, the safety of transport vehicles, other goods transported or stored, vehicles or third parties.
The principal is solely responsible for the choice of packaging and its ability to withstand transport and handling.
5.1.2 – Labeling:
On each package, object or load carrier, clear labeling must be carried out to allow immediate and unequivocal identification of the sender, recipient, place of delivery and the nature of the goods. The information on the labels must correspond to those appearing on the transport document. Labeling must also comply with all applicable regulations, in particular those relating to dangerous products.
5.1.3 – Responsibility:
The principal is responsible for all the consequences of an absence, insufficiency or defect in the packaging, packaging, marking or labeling.
5.2 – Sealing:
Trucks, semi-trailers, swap bodies and containers, which are complete once loading operations have been completed, are sealed by the loader himself or by his representative.
5.3 – Reporting obligations:
5.3.1 General provisions
The principal is liable for all the consequences of a failure to comply with the obligation to inform and declare on the very exact nature and specificity of the goods when the latter requires special provisions, particularly in view of their value. and / or the greed that it is likely to arouse, its dangerousness or its fragility. This information obligation also applies to the declaration of the verified gross mass of a container in accordance with the SOLAS Convention. Furthermore, the client expressly agrees not to hand over to the O.T.L. illicit or prohibited goods (eg counterfeit products, narcotics, etc.).
The principal bears alone, without recourse against the OTL, the consequences, whatever they may be, resulting from declarations or documents which are erroneous, incomplete, inapplicable, or provided late, including the information necessary for the transmission of any declaration required by customs regulations, in particular for the transport of goods from third countries.
5.3.2 Special provisions for air transport/ Compliance with the French Civil Aviation Authority (DGAC) regulations – European Commission
The customer declares that each shipment is accompanied by complete, accurate and truthful documentation, specifying the identity of the parties concerned and the true nature of the contents. In particular, the customer undertakes to report any shipment containing battery-powered electronic items combined with liquids, aerosols or gels (LAG), in accordance with current European regulations.
5.3.3 – Classified Shipments FCHR (High-Risk Freight and Mail):
When a shipment is designated as FCHR (High-Risk Freight and Mail) in accordance with the applicable regulations, double freight security is mandatory. This must be carried out using two distinct and conclusive methods, one of which involves odorology. These additional security operations result in extra charges, invoiced in addition to the initial quotation, as well as longer processing times due to specific control and validation procedures.
The ordering party expressly acknowledges and accepts these additional costs as well as any delays that may occur. The Freight Forwarder (O.T.L.) cannot be held liable for any delays or additional costs resulting from these mandatory regulatory security requirements.
5.4 – Reservations:
In the event of loss, damage or any other damage suffered by the goods, or in the event of delay, it is up to the recipient or the recipient to make regular and sufficient observations, to make justified reservations and in general to carry out all the acts useful for the conservation of the appeals and to confirm the aforementioned reservations in the forms and the legal deadlines, failing which no action can be brought against the OTL or its substitutes.
Any claim for loss, damage or injury to goods must be relayed to OTL within 7 days of its discovery. After this period, no claim may be taken into account or give rise to any action whatsoever.
5.5 – Refusal or default by the recipient:
In the event of refusal of the goods by the recipient, as in the event of failure of the latter for any reason whatsoever, all the initial and additional costs due and incurred on behalf of the goods, and in particular the costs of storage and demurrage of containers, will remain the responsibility of the Client.
The refusal or failure, on the part of the consignee or the party notified of the arrival of the goods, to take delivery and / or in the event of damage to limit the losses by taking all the necessary measures so that the damage and damage existing conditions are aggravated, constitutes a waiver of recourse on the part of the recipient and the party notified of the arrival of the goods against the OTL for all claims or legal action related to the goods, and / or the transport service.
5.6 – Customs formalities:
If customs operations have to be carried out, the principal guarantees the customs representative against all financial consequences resulting from incorrect instructions, unenforceable documents, etc. generally resulting in the liquidation of additional duties and / or taxes, blockage or seizure of goods, fines, etc. of the administration concerned.
In the event of customs clearance of goods for the benefit of a preferential regime concluded or granted by the European Union, the principal guarantees to have carried out all due diligence within the meaning of customs regulations aimed at ensuring that all the conditions for processing of the preferential regime have been complied with.
The principal must, at the request of the O.T.L., provide the latter, within the required period, with any information requested from him under the requirements of customs regulations. Failure to provide this information within this period has the effect of making the principal liable for all the detrimental consequences of this failure in terms of delays, additional costs, damage, etc.
However, since the rules of quality and / or technical standardization of goods are the sole responsibility of the principal, it is up to him to provide the O.T.L. all documents (tests, certificates, etc.) required by regulations for their circulation. The O.T.L. incurs no liability for the non-compliance of the goods with said quality rules or technical standardization.
The customs representative clears under the mode of direct representation, in accordance with Article 18 of the Union Customs Code.
5.7 – COD delivery:
The stipulation of a cash on delivery delivery does not constitute a declaration of value and therefore does not modify the compensation rules for loss and damage as defined in article 6 below.
Article 6 – LIABILITY AND LIMITATIONS OF REPAIR
The responsibility of the transport organizer will be limited in the first place to the sole repair of proven damage and only for material damage foreseen and foreseeable on the day of issue of the contract, in accordance with the provisions of articles 1231- 3 and 1231-4 of the Civil Code.
6.1 – Liability for substitutes:
The responsibility of the O.T.L. for loss or damage to the goods entrusted is limited to that incurred legally by its Substitutes within the framework of the operation entrusted to it, as it results from the mandatory legal or regulatory provisions.
When the compensation limits for intermediaries or substitutes are not known or do not result from mandatory or legal provisions, the responsibility of the O.T.L. due to its substitutes is limited to an amount equivalent to 14 euros per kilogram of gross weight of missing or damaged goods, without being able to exceed a sum greater than 2,500 euros.
6.2 – Exclusion of the liability of the O.T.L. for personal fault:
6.2.1 – Losses and damage:
In the event of loss or damage to the goods during transport, the Principal expressly waives any recourse against the O.T.L. for any personal faults of the O.T.L. except intentional or inexcusable fault. By inexcusable fault, we mean any act or omission recklessly committed with the knowledge that harm would probably result.
If, however, the personal fault of the O.T.L. is liable to be incurred, it will be limited to 14 euros per kilogram of gross weight of missing or damaged goods, without being able to exceed a sum greater than the gross weight of the goods expressed in tonnes multiplied by 2,300 euros, with a maximum ceiling of 15,000 euros per shipment.
6.2.2 – Delays:
In the event of a delay in delivery which would engage the personal responsibility of the O.T.L., the compensation due will be limited to the price of the service (duties, taxes and miscellaneous costs excluded), without being able to exceed the sum of 2,500 euros.
6.2.3 – Indirect damage and commercial damage:
Regardless of the basis on which the responsibility of the O.T.L. is sought, no compensation can be obtained because of loss or immaterial and / or commercial damage, direct or indirect and more generally all damages.
6.3 – Declaration of value:
The value of the goods appearing on CENTRE IMEX documents, depends strictly and exclusively on the information provided by the customer or his suppliers. The latter appears on the documents of the O.T.L. only for information and non-contractual, without commitment or financial contribution and does not prejudice the rights and limitations of responsibilities stipulated in these general conditions of sale.
The principal always has the option of subscribing to a declaration of value which, fixed by him and accepted in writing by the O.T.L., has the effect of substituting the amount of this declaration for the compensation ceilings indicated above. This declaration of value will result in an additional price.
The principal may also instruct the O.T.L. to take out insurance on its behalf, upon payment of the corresponding premium, specifying the risks to be covered and the values to be guaranteed. Such requests must be confirmed in writing by the O.T.L.
The instructions (declaration of value or insurance) must be renewed for each transaction.
6.4 – Special interest in delivery:
The principal always has the option of making a declaration of special interest in the delivery which, fixed by him and subject to written acceptance by the OTL, has the effect of substituting the amount of this declaration for the ceilings of compensation indicated above. This declaration will result in an additional price. The instructions must be renewed by the Principal and accepted in writing by the O.T.L. for each operation.
6.5 – Responsibility in customs matters:
The responsibility of the O.T.L. for any customs operation or indirect contribution whether carried out by itself or by those of its subcontractors may not exceed the sum of € 5,000 per customs declaration, without being able to exceed € 50,000 per year of adjustment and , in any event, 100,000 € per notification of adjustment.
6.6 – Quotation:
All quotations given, all ad hoc price offers provided, as well as general prices are established and / or published taking into account the limitations of liability set out above.
Article 7 – INSPECTION OF GOODS
If, by order of any duly authorized authority, classification society or any other stakeholder, a container, package or other container is opened for inspection of the Goods, the O.T.L. or its servants, shall not be liable for any loss or damage incurred as a result of opening, unpacking, inspecting or repacking, or any other expense related to the inspection operation. The O.T.L. will nevertheless be able to recover the full cost of these operations from the client.
Under no circumstances will the O.T.L. be liable for any losses, additional costs, damages or delays that may result from actions taken under this Article.
Article 8 – EVENTS AFFECTING TRANSPORT
If, at any time during the operation entrusted to the O.T.L., the transport is affected, or is likely to be affected by any obstacle, danger, delay, immobilization, due to an epidemic or a threat of epidemic, quarantine, blockade, blockade, wars, unrest, riots, strikes, temporary strikes, arrests or obstructions to work for any cause whatsoever, boycotts, or any difficulty or impediment of any kind, and whether it be the cause (even if these obstacles, peril, delay, difficulty or impediment already existed at the time of the conclusion of the contract or at the time of the assumption by the O.T.L. or its servants), the O.T.L. or its servants cannot be held liable for the costs, additional costs, losses or damage inherent in the above situations.
The O.T.L. may nevertheless recover the full cost of these events from the client.
Article 9 – TERMS OF PAYMENT
9.1 – Invoices issued by the O.T.L. are payable in cash upon receipt of the invoice, without discount, instead of the issue thereof, and in any event, within a period which may not exceed 30 days from the date of issue. The ordering party is always responsible for their acquittal. In accordance with article 1344 of the Civil Code, the debtor is deemed to have been put in default to pay by the sole exigibility of the obligation.
9.2 – Unilateral compensation for the amount of the alleged damages on the price of the services due is prohibited.
9.3 – The payment of extra billings and/or cancellation fees is an integral part of the Principal payment obligations.
9.4 – Any delay in payment automatically entails, the day following the payment date appearing on the invoice and until the date of receipt of full payment, the liability of late penalties; the applicable rate is 1.5% monthly and set in accordance with the terms defined in article L.441-6 paragraph 12 of the French Commercial Code, as well as a lump sum compensation for recovery costs in the amount of € 40 in accordance with article D.441-5 of the French Commercial Code, without prejudice to possible compensation, under the conditions of ordinary law, for any other damage resulting directly from this delay. This interest on arrears is due until the debt is extinguished. Any delay in payment will result, without formalities, forfeiture of the term of any other debt held by the O.T.L. which becomes immediately payable even in the event of acceptance of bills.
9.5 – Any partial payment will be charged first to the non-privileged part of the debt.
Article 10 – CONVENTIONAL RIGHT OF WITHDRAWAL AND CONVENTIONAL PAYMENT RIGHT
Regardless of the capacity in which the T.L.O. is acting, the Instructing Party hereby acknowledges the T.L.O.’s conventional right of retention, enforceable against all parties, and a conventional contractual possessory lien over all goods, values and documents in the T.L.O.’s possession , in order to guarantee any debt (invoices, interests, incurred expenses, etc.) the T.L.O. holds against the Instructing Party, including those prior to, or other than those concerning operations related to the goods, values and documents that the T.L.O. effectively holds.
Article 11 – PRESCRIPTION
All actions against the O.T.L. to which the contract concluded between the parties may give rise, whether for the main or ancillary services, are prescribed within a period of one year.
This period runs from the performance of the disputed or ancillary service and, in the case of duties and taxes recovered a posteriori, from the notification of the adjustment.
However, any action by O.T.L. against its contractors will be subject to the limitation period applicable to the place of residence of the latter, without this being however less than one year.
Article 12 – CONTRACT DURATION AND TERMINATION
12.1 – In the event of an established commercial relationship, each party may terminate it at any time, by sending a registered letter with acknowledgment of receipt, subject to the following notice periods:
- One (1) month when the duration of the relationship is less than or equal to six (6) months;
- Two (2) months when the duration of the relationship is greater than six (6) months and less than or equal to one (1) year;
- Three (3) months when the duration of the relationship is greater than one (1) year and less than or equal to three (3) years;
- Four (4) months when the duration of the relationship is greater than three (3) years, to which is added one (1) week per full year of commercial relations, without being able to exceed a maximum duration of six (6) months.
12.2 – During the notice period, the parties undertake to maintain the economy of the contract.
12.3 – In the event of serious or repeated, proven breaches by one of the parties to its commitments and obligations, the other party is required to send it, by registered letter with acknowledgment of receipt, a reasoned formal notice. If this remains ineffective within one month, a period during which the parties may attempt to come together, the contract may be terminated definitively, without notice or compensation, by registered letter with acknowledgment of receipt taking note of failure of the negotiation attempt.
Article 13 – CANCELLATION – INVALIDITY
In the event that any of the provisions of these General Terms and Conditions of Sale are declared null or deemed unwritten, all the other provisions will remain applicable.
Article 14 – ATTRIBUTIVE CLAUSE OF JURISDICTION AND APPLICABLE LAW
This contract is governed by the rules of French law.
In the event of a dispute, the commercial court of the registered office is competent even in the event of a plurality of defendants and a guarantee call, unless the O.T.L. prefer to go to court at the head office of the ordering party.
Article 15 – SPECIFIC PROVISIONS APPLICABLE TO FREIGHT – TRAFFIC DEPARTING FROM ITALIAN PORTS
In accordance with Decree-Law No. 73 of 21 May 2025 and with the clarifications issued by the Ministry of Infrastructure and Transport on 4 November, the following free-time periods shall apply to road or rail transport operations related to maritime freight departing from Italian ports:
- RT road transport (trucks) – Ports of Genoa, La Spezia, Livorno, Venice | Free time: 180 minutes*
- RT road transport (trucks) – from all other ports | Free time: 120 minutes*
- RT road transport (trucks) – When time is mandatory (tassativo) | Free time: 90 minutes***
- Rail / one-way transport – All ports | Free time: 120 minutes*
In the event that the above periods are exceeded, an indemnity of EUR 100 per hour or fraction thereof shall apply.
* Free time is calculated from the truck’s arrival time until its departure. It includes waiting time, loading/unloading operations and documents release.
*** In the event of delay of truck arrival, freetime will be recalculated based on 180 minutes.