Any and all commitments, shipments and
transactions without otherwise specified
agreements between the parties are subject
to the general and specific conditions printed
hereafter and are understood as having
been agreed to by the client.
ARTICLE 1 – Definitions.
The purpose of this text is to define the conditions by
which the services of the Transport Organizer (hereafter
referred to as TO) are provided, whatever they may be (as
consignee, forwarding agent, freight agent, shipping
agent, storage agent, etc.) for any type of animal and/or merchandise
from any origin and for any destination. For the purposes
of the present General Conditions, the terms hereafter are
defined as the following: Consignment (ENVOI): the
totality of the animals and/or merchandises entrusted to the TO, whether
packed in a container or not, and grouped
together for one and the same shipment. Parcel (COLIS):
by Parcel, let it be understood an animal into his container or group
of animals into containers, whatever the weight, dimensions or volume
may be, constituting a single unit entrusted to the TO,
(case, container, etc.) and packaged by
the consignor before being turned over, even if the
contents are itemized in the shipping documents.
ARTICLE 2 – Cost of Services.
Cost is calculated based on information provided by the
contractor/client in relation to services rendered, and
weight and volume of the animal into container to be shipped.
Quotations are based on the exchange rates at the
moment they are given. They are also based on the
conditions and rates of subcontractors as well as the international
laws, regulations and conventions in force. If one
or more of these basic elements is modified after submission
of the quote including by the substitutes for the TO
in opposition to said TO, and with proof, the prices given
in the quote will be modified in the same conditions. The
same holds true for any unexpected event causing a
change in the planned transportation route. Costs do not
include duties, taxes, dues or fees in application of all laws
and regulations in force (both fiscal and/or customs)
ARTICLE 3 – Insurance.
No insurance will be taken out by the TO without express
written instructions before entering into any at risk situation.
The request for insurance must specifically itemize
the type of animal and the valuables to be insured and the desired
guarantees (ordinary risk, war risk). Without any detailed
specifications, only ordinary risks will be insured. If
such a specific order is given, the TO, acting in the name
of the client, will take out an insurance policy with an
insurance agency in good standing at the time of enlisting
coverage. The TO can in no way be considered as an
insurer. The conditions of the policy will be reputable,
clear and approved by the consignor and the consignee
who are responsible for the cost. Furthermore, the client
cannot claim any reimbursement for animals except upon
presentation of invoices; it being understood that if the
insurers apply any sort of depreciation it will not be compensated
for by the TO. Clients taking out their own policy
insuring against transportation risks must specify to the
insurance agent(s) that they cannot make any claims
against the TO except within the limits stated hereafter in
Article 7.
ARTICLE 4 – Rendering of Services.
The intermediary sub-contractors chosen by the TO are
understood to have been accepted by the client. The
departure and arrival dates given by the TO are purely for
information purposes. The client’s responsibility is to give
necessary – and precise – instructions to the TO so that
transportation and other services be carried out correctly.
The TO is not responsible for double-checking the documents
(vaccine, import permit, quarantine, etc.) supplied by the
client. Any restrictive instructions for delivery must be in writing for EACH shipment, and must be
formally agreed to by the TO. In any case, such a principal
is only secondary to the main service of the delivery.
ARTICLE 5 – Obligations for the Contractor/Client.
When presented for shipment, animals must be NO sedated with original documentations,
and the container approved by IATA. The TO will not be liable for any
damages or adverse consequences incurred due to a
deficiency in the packing, or due to a failure to provide adequate information
concerning the nature and the particularities of the
animal. In case of loss, spoilage or any other damage
caused to the animal, or in case of delay, it is up
to the consignee or receiver to file a claim in due form
and to take the legal measures necessary concerning the
carrier, and in general, carry out all acts necessary for
maintaining the right to recourse officially and legally
within the allotted time frame, without which no legal
recourse will be possible against the TO. The contractor/
client will alone bear the consequences, whatever
they may be, resulting from erroneous, incomplete, inapplicable
or late documents and/or declarations. If customs
operations are handled for the client by the TO, the
contractor releases the customs agent from any financial
consequences resulting from erroneous instructions, inapplicable
documents, etc., bringing about a loss of rights
and/or additional taxes, fines, etc., from the administration
in question. In case animal is refused by the
consignee, such as in the case of default or bankruptcy
for whatever reason it may be, all initial and subsequent
fees due and incurred by the TO will remain the responsibility
of the contractor.
If the contractor entrusts the TO with a consignment or a
consignment and a shipping operation, the contractor is
informed of the length of validity of the contract. The
contractor is informed and accepts that after a period of
default and after the TO has contacted or tried to contact
the contractor, ownership of the animal is automatically
transferred to the TO, regardless of whether the TO
is able to inform the consignor; the TO having on this
point the obligation of reasonable effort. If it is not possible
to contact the consignor or the consignee and/or one or
the other refuses to accept the additional fees for boarding
costs and/or additional shipments caused by the consignor
or consignee overrunning the date of validity of the
contract, the TO will be able to freely dispose of the animal
either by transferring him to an animal association. The end-of-contract
default period will be equal to 10% of the initial
time stated in the service contract without being lesser
than 15 days or greater than 2 months. The beginning
date of default retained will be the date indicated on the
contract at midnight, Paris (France) time.
ARTICLE 6 – Delivery Time.
No penalty for late delivery is due if no imperative date of
delivery was formally requested by the contractor and
accepted by the TO. In this case, the penalty can only be
applied if a formal notice of delivery was sent to the TO by
registered letter with acknowledgment of receipt by the
client.
ARTICLE 7 – Liability.
The TO’s liability is strictly limited to that incurred by its subcontractors
(shipping agents, representatives, companies
and their substitutes) within the framework of the operation
entrusted to it. In case the TO is itself liable, for whatever
reason, liability is strictly limited: for injuries to animal
due to loss or damage and from any consequence
resulting therefrom, at SDR17 per kilo per kennel,
regardless of the weight, nature and dimensions, and at
SDR4150 per consignment. For all other damage(s) caused,
directly or indirectly (including by late delivery), the
liability of the TO is limited to the cost of shipping the animal
covered by the contract and under no circumstances
will the penalty exceed a maximum sum of SDR
4150 per consignment. All quotations, limited offers and
general rates are fixed and/or published by taking into
account the above-mentioned liability limitations. When
the value of the animal covered by the contract
exceeds the limits of liability hereabove mentioned, the
contractor may: 1) in case of loss or damage bear the difference
between the cap for TO liability and the value of
the animal 2) underwrite a declaration of value
which, set by the contractor and accepted by the TO, will
raise the limits of liability for loss or damage to the amount
of the said declaration of value and will incur extra
charges 3) give instructions to the TO, in compliance with
article 3, to take out an insurance policy specifying the
risks and valuables to be insured, these instructions necessitating
renewal for each shipment.
ARTICLE 8 – Special Deliveries.
For special deliveries (controlled temperature, dangerous
animals / merchandise, etc.) the TO will make appropriate material
available for the contractor meeting conditions previously
defined by the contractor who is responsible for the choice
of this material.
ARTICLE 9 – Conditions of Payment.
Services are payable cash down at least 72 hours prior the animal
departure.
All additional invoices which may be occured must be paid prior departure.
Payment by check is not accepted. When, on an exceptional
basis, installment payments have been approved,
any partial payment will be charged firstly to the non-preferential
part of the claim. Failure to pay a single installment
will result in the balance being due immediately
even upon acceptance of bills. Penalties will be applied if
the sums due are paid after the due date indicated on the
invoice. These penalties correspond to the application of
a rate equal to one and a half times the legal interest rate
(law n° 92-1442 of 31 December 1992).
ARTICLE 10 – Image Right.
The client allows the TO to use the pictures of his animal for publication on website or social network.
Confirming to the legislation, he can opposed this arrangment in writing to TO’s headquarters.
ARTICLE 11 – Contractual Lien.
In whatever capacity the TO may intervene, the contractor
formally acknowledges that the TO has a contractual
lien giving the right of retention and priority over all animal and/or merchandise,
valuables and documents in the TO’s possession,
and, this is a guarantee for all debts (invoices, interest,
expenses incurred, etc.) held by the TO against the
contractor, including those prior to or foreign to the operations
carried out in relation to the said animal and/or merchandise,
valuables and documents.
ARTICLE 12 – Complementary Clause of
Jurisdiction.
In case of litigation or dispute, only a Court within the
jurisdiction of the TO’s headquarters has jurisdiction, even
in cases of multiple defendants or appeals.
PENALTY CLAUSE (late payment) all amounts owed
because of final payment deadline or in application of the
forfeiture clause for the period stated in article 9 of the
general conditions will lead to a penalty for processing
fees equal to 20% of principal and contractual interests.
PRICES AND FLAT FEES: unless otherwise stipulated, prices
and flat fees are given without guarantee they will be
applied indefinitely and can be modified without prior
notice.
THESE ARTICLES MAY NOT FLY
I have been duly informed that shipping dangerous
goods such as:
- Explosives articles (arms, munitions, fire cracker, firework,
signal flares)
- Compressed gas, gas ring, gas refill, spray, perfumes,
aerosols
- Flammables (matches, lighter, solvent, paint, varnish,
petrol)
- Corrosives products, oxidizer (acids, humid battery, soda
or potash, mercury)
- Toxic product, etiologic agent
- Radioactive materials
- Household items (paint, aerosols, bleach, drain cleaner…)
Are strictly forbidden within personal effects or items, and
that it may render me liable to civil or penal prosecution if
such articles are joined with the shipment.
