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.
