Terms & conditions
Terms & conditions
Terms & conditions
BLUBAG GENERAL TERMS AND CONDITIONS OF SALE
Version of 02-2023
Article 1: ACTIVITY AND SCOPE
Article 1: ACTIVITY AND SCOPE
BluBag ensures any form of delivery on the express condition that it cannot compromise the safety of the driving personnel and that the delivery is fully compatible with regulatory working and safety conditions. The purpose of these terms and conditions is to define the modalities of execution by BLUBAG, as Transport Organizer (T.O.) in any capacity whatsoever, of the activities and services relating to the physical movement of consignments and / or the management of the flows of goods, packaged or not, of any kind, from all sources, for all destinations, at a freely agreed price ensuring fair remuneration for services rendered, both in the home market and overseas.
Any engagement or operation with BLUBAG constitutes the unreserved acceptance by the Principal of the conditions defined below.
Regardless of the method of transport used, these conditions regulate the relationship between the Customer and BLUBAG.
No special conditions or other general conditions emanating from the Principal (Client) shall prevail thereover, unless formally accepted by BluBag.
BluBag ensures any form of delivery on the express condition that it cannot compromise the safety of the driving personnel and that the delivery is fully compatible with regulatory working and safety conditions. The purpose of these terms and conditions is to define the modalities of execution by BLUBAG, as Transport Organizer (T.O.) in any capacity whatsoever, of the activities and services relating to the physical movement of consignments and / or the management of the flows of goods, packaged or not, of any kind, from all sources, for all destinations, at a freely agreed price ensuring fair remuneration for services rendered, both in the home market and overseas.
Any engagement or operation with BLUBAG constitutes the unreserved acceptance by the Principal of the conditions defined below.
Regardless of the method of transport used, these conditions regulate the relationship between the Customer and BLUBAG.
No special conditions or other general conditions emanating from the Principal (Client) shall prevail thereover, unless formally accepted by BluBag.
BluBag ensures any form of delivery on the express condition that it cannot compromise the safety of the driving personnel and that the delivery is fully compatible with regulatory working and safety conditions. The purpose of these terms and conditions is to define the modalities of execution by BLUBAG, as Transport Organizer (T.O.) in any capacity whatsoever, of the activities and services relating to the physical movement of consignments and / or the management of the flows of goods, packaged or not, of any kind, from all sources, for all destinations, at a freely agreed price ensuring fair remuneration for services rendered, both in the home market and overseas.
Any engagement or operation with BLUBAG constitutes the unreserved acceptance by the Principal of the conditions defined below.
Regardless of the method of transport used, these conditions regulate the relationship between the Customer and BLUBAG.
No special conditions or other general conditions emanating from the Principal (Client) shall prevail thereover, unless formally accepted by BluBag.
Article 2: DEFINITIONS
Article 2: DEFINITIONS
For the purposes of these Terms and Conditions, the terms below are defined as follows:
A) Principal (or Client) By Principal (or Client), we mean the party who contracts the service with BluBag.
(B) Consignee Consignee means the party designated by the Principal or his representative, for whom the
delivery is made.
The Consignee becomes party to the contract of carriage as soon as it is drawn up.
(C) Packages Package means an object or an assembly of material composed of several objects, whatever their weight, dimensions and volume, constituting a unit load when handed over for transport (bin, cage, crate, canteen, cardboard, container, envelope, bundle, drum, package, strapped or filmed pallet, roll, bag,
suitcase, etc…), which are packaged by the consignor before taking over, even if the contents are detailed in the transport document.
(D) Consignment Consignment means the quantity of goods, including packaging and load support, actually placed at the same time at the disposal of the transport and/or logistics operator and whose movement is requested by the same Principal for the same Consignee from a single place of loading to a single place of unloading.
For the purposes of these Terms and Conditions, the terms below are defined as follows:
A) Principal (or Client) By Principal (or Client), we mean the party who contracts the service with BluBag.
(B) Consignee Consignee means the party designated by the Principal or his representative, for whom the delivery is made. The Consignee becomes party to the contract of carriage as soon as it is drawn up.
(C) Packages Package means an object or an assembly of material composed of several objects, whatever their weight, dimensions and volume, constituting a unit load when handed over for transport (bin, cage, crate, canteen, cardboard, container, envelope, bundle, drum, package, strapped or filmed pallet, roll, bag, suitcase, etc…), which are packaged by the consignor before taking over, even if the contents are detailed in the transport document.
(D) Consignment Consignment means the quantity of goods, including packaging and load support, actually placed at the same time at the disposal of the transport and/or logistics operator and whose movement is requested by the same Principal for the same Consignee from a single place of loading to a single place of unloading.
For the purposes of these Terms and Conditions, the terms below are defined as follows:
A) Principal (or Client) By Principal (or Client), we mean the party who contracts the service with BluBag.
(B) Consignee Consignee means the party designated by the Principal or his representative, for whom the delivery is made.
The Consignee becomes party to the contract of carriage as soon as it is drawn up.
(C) Packages Package means an object or an assembly of material composed of several objects, whatever their weight, dimensions and volume, constituting a unit load when handed over for transport (bin, cage, crate, canteen, cardboard, container, envelope, bundle, drum, package, strapped or filmed pallet, roll, bag, suitcase, etc…), which are packaged by the consignor before taking over, even if the contents are detailed in the transport document.
(D) Consignment Consignment means the quantity of goods, including packaging and load support, actually placed at the same time at the disposal of the transport and/or logistics operator and whose movement is requested by the same Principal for the same Consignee from a single place of loading to a single place of unloading.
Article 3: Obligations of the Principal (or Client)
Article 3: Obligations of the Principal (or Client)
a) Packaging The goods must be prepared, packaged, marked or countermarked at the time of delivery to
the T.O., in such a way as to with stand transport under normal conditions, as well as the successive handling operations which necessarily occur during the course of these operations. It must not constitute a hazard for driving or handling personnel, the environment, the safety of transport units, other goods transported or stored, vehicles or third parties. In the event that the Principal entrusts goods to the T.O. which violate the aforementioned provisions, these would be transported at the risk and peril of the Principal and under discharge of all liability by the T.O.
b) Labelling Each package, object or load support must be clearly labeled. This labeling, which may be affixed by the Principal, shall be provided by the T.O. This labeling shall allow immediate and unequivocal identification of the Consignor, the Consignee, the place of delivery and the nature of the goods. It is clearly understood that much of the information, including but not limited to: information concerning the Consignor, the delivery address, the contacts of the Consignee, the nature of the goods declared, etc., is the sole responsibility of the Principal and shall in no case engage the responsibility of the T.O.. The information on the labels must correspond to those on the transport document.
c) Declarative obligations The Principal shall be liable for all consequences of the absence, insufficiency or defect of the packaging, packing, marking or labeling, as well as for failure to provide information and declaration on the nature and particularities of the goods, for example, dangerous goods. The Principal alone shall bear the consequences, whatever they may be, resulting from erroneous, incomplete, inapplicable or late declarations or documents.
d) Reserves In case of loss, damage or any other deterioration suffered by the goods, or in case of delay, it is the responsibility of the Consignee and / or the receiver to make regular and sufficient findings, to take reasoned reserves and in general to carry out all acts useful for the preservation of remedies and to confirm said reservations in the legal forms and deadlines, failing which no action in guarantee may be brought against BluBag or its substitutes.
e) Refusal or failure of the Consignee In the event of refusal of the goods by the Consignee, as in the event of default of the latter for any reason whatsoever, all initial and additional costs due and incurred for the goods shall remain automatically the responsibility of the Principal.
f) Customs formalities In the event that customs operations have to be carried out, the Principal guarantees the T.O. of all financial consequences arising from erroneous instructions, inapplicable documents, etc. generally resulting in the settlement of additional duties and/or taxes, fines, etc. of the administration concerned.
a) Packaging The goods must be prepared, packaged, marked or countermarked at the time of delivery to the T.O., in such a way as to with stand transport under normal conditions, as well as the successive handling operations which necessarily occur during the course of these operations. It must not constitute a hazard for driving or handling personnel, the environment, the safety of transport units, other goods transported or stored, vehicles or third parties. In the event that the Principal entrusts goods to the T.O. which violate the aforementioned provisions, these would be transported at the risk and peril of the Principal and under discharge of all liability by the T.O.
b) Labelling Each package, object or load support must be clearly labeled. This labeling, which may be affixed by the Principal, shall be provided by the T.O. This labeling shall allow immediate and unequivocal identification of the Consignor, the Consignee, the place of delivery and the nature of the goods. It is clearly understood that much of the information, including but not limited to: information concerning the Consignor, the delivery address, the contacts of the Consignee, the nature of the goods declared, etc., is the sole responsibility of the Principal and shall in no case engage the responsibility of the T.O.. The information on the labels must correspond to those on the transport document.
c) Declarative obligations The Principal shall be liable for all consequences of the absence, insufficiency or defect of the packaging, packing, marking or labeling, as well as for failure to provide information and declaration on the nature and particularities of the goods, for example, dangerous goods. The Principal alone shall bear the consequences, whatever they may be, resulting from erroneous, incomplete, inapplicable or late declarations or documents.
d) Reserves In case of loss, damage or any other deterioration suffered by the goods, or in case of delay, it is the responsibility of the Consignee and / or the receiver to make regular and sufficient findings, to take reasoned reserves and in general to carry out all acts useful for the preservation of remedies and to confirm said reservations in the legal forms and deadlines, failing which no action in guarantee may be brought against BluBag or its substitutes.
e) Refusal or failure of the Consignee In the event of refusal of the goods by the Consignee, as in the event of default of the latter for any reason whatsoever, all initial and additional costs due and incurred for the goods shall remain automatically the responsibility of the Principal.
f) Customs formalities In the event that customs operations have to be carried out, the Principal guarantees the T.O. of all financial consequences arising from erroneous instructions, inapplicable documents, etc. generally resulting in the settlement of additional duties and/or taxes, fines, etc. of the administration concerned.
a) Packaging The goods must be prepared, packaged, marked or countermarked at the time of delivery to the T.O., in such a way as to with stand transport under normal conditions, as well as the successive handling operations which necessarily occur during the course of these operations. It must not constitute a hazard for driving or handling personnel, the environment, the safety of transport units, other goods transported or stored, vehicles or third parties. In the event that the Principal entrusts goods to the T.O. which violate the afore mentioned provisions, these would be transported at the risk and peril of the Principal and under discharge of all liability by the T.O.
b) Labelling Each package, object or load support must be clearly labeled. This labeling, which may be affixed by the Principal, shall be provided by the T.O. This labeling shall allow immediate and unequivocal identification of the Consignor, the Consignee, the place of delivery and the nature of the goods. It is clearly understood that much of the information, including but not limited to: information concerning the Consignor, the delivery address, the contacts of the Consignee, the nature of the goods declared, etc., is the sole responsibility of the Principal and shall in no case engage the responsibility of the T.O.. The information on the labels must correspond to those on the transport document.
c) Declarative obligations The Principal shall be liable for all consequences of the absence, insufficiency or defect of the packaging, packing, marking or labeling, as well as for failure to provide information and declaration on the nature and particularities of the goods, for example, dangerous goods. The Principal alone shall bear the consequences, whatever they may be, resulting from erroneous, incomplete, inapplicable or late declarations or documents.
d) Reserves In case of loss, damage or any other deterioration suffered by the goods, or in case of delay, it is the responsibility of the Consignee and / or the receiver to make regular and sufficient findings, to take reasoned reserves and in general to carry out all acts useful for the preservation of remedies and to confirm said reservations in the legal forms and deadlines, failing which no action in guarantee may be brought against BluBag or its substitutes.
e) Refusal or failure of the Consignee In the event of refusal of the goods by the Consignee, as in the event of default of the latter for any reason whatsoever, all initial and additional costs due and incurred for the goods shall remain automatically the responsibility of the Principal.
f) Customs formalities In the event that customs operations have to be carried out, the Principal guarantees the T.O. of all financial consequences arising from erroneous instructions, inapplicable documents, etc. generally resulting in the settlement of additional duties and/or taxes, fines, etc. of the administration concerned.
Article 4: TRANSPORT RESTRICTION
Article 4: TRANSPORT RESTRICTION
The T.O. refuses:
goods liable to cause damage to persons, equipment, the environment or other goods transported and those which represent risks for transport which the T.O. considers unable to accept, and in particular all goods listed below, without this list being exhaustive:
Jewelry, timepieces, whether or not partly composed of precious metals, pearls, precious and semi-precious stones, gold or silver ware, coins, gold or silver ingots, coins, powder in cyanide or residue form, or any other mineral form, platinum and other precious metals, means of payment, banknotes, checks, bank cards, currencies, stocks, bonds, coupons, restaurant tickets, holiday vouchers, gift vouchers, active telephone cards, discount vouchers, securities and securities of any kind, coins of any state, tax stamps, postage stamps, lottery and PMU tickets, responses to tenders or pre-qualification dossiers in the context of contract awards;
Photographs, negatives, plans, layers, discs, magnetic tapes of which the originator has not previously kept a duplicate in order to be able to carry out the reconstitution or recomposition (no liability of the T.O. can be invoked because of the impossibility to reconstitute or the deadlines for reconstitution of the consignment), identity documents, visas, residence permits, vehicle registration documents;
Furs, works of art, sculpture or painting, antiques, paintings, objects of curiosity or collectibles, documents and samples whose market or conventional value is incommensurate with their intrinsic value;
Plants, living or dead beings, human remains, funeral urns, perishable foodstuffs and products (excluding medical products);
Firearms, military and similar equipment and documents, pornographic literature and material, alcohol, tobacco, narcotic products, products not admitted for importation into the country of destination;
Goods classified as dangerous by the conventions, laws or regulations in force and in particular those meeting the criteria and requirements of ADR (Decree of 1 June 2001 amended) and ICAO-IATA, namely:
Class 1: Explosive substances and articles
Class 2: Gases
Class 3: Flammable liquids
Class 4.1: Flammable solids
Class 4.2: Materials prone to spontaneous combustion
Class 4.3: Substances which, in contact with water, emit flammable gases
Class 5.1: Oxidizing materials
Class 5.2: Organic peroxides
Class 6.1: Toxic materials
Class 6.2: Infectious substances
Class 7: Radioactive materials
Class 8: Corrosive materials
Class 9: Miscellaneous hazardous materials and articles
Harmful, irritating, sensitizing, carcinogenic or mutagenic substances and preparations, toxic to reproduction or hazardous to the environment.
If a customer entrusts such items to the T.O., it shall indemnify the T.O. for any claims, damages, interest and expenses resulting therefrom, and the T.O. shall have the right to dispose of such items in any manner as it deems appropriate, including the right to immediately abandon their delivery.
The T.O. refuses:
goods liable to cause damage to persons, equipment, the environment or other goods transported and those which represent risks for transport which the T.O. considers unable to accept, and in particular all goods listed below, without this list being exhaustive:
Jewelry, timepieces, whether or not partly composed of precious metals, pearls, precious and semi-precious stones, gold or silver ware, coins, gold or silver ingots, coins, powder in cyanide or residue form, or any other mineral form, platinum and other precious metals, means of payment, banknotes, checks, bank cards, currencies, stocks, bonds, coupons, restaurant tickets, holiday vouchers, gift vouchers, active telephone cards, discount vouchers, securities and securities of any kind, coins of any state, tax stamps, postage stamps, lottery and PMU tickets, responses to tenders or pre-qualification dossiers in the context of contract awards;
Photographs, negatives, plans, layers, discs, magnetic tapes of which the originator has not previously kept a duplicate in order to be able to carry out the reconstitution or recomposition (no liability of the T.O. can be invoked because of the impossibility to reconstitute or the deadlines for reconstitution of the consignment), identity documents, visas, residence permits, vehicle registration documents;
Furs, works of art, sculpture or painting, antiques, paintings, objects of curiosity or collectibles, documents and samples whose market or conventional value is incommensurate with their intrinsic value;
Plants, living or dead beings, human remains, funeral urns, perishable foodstuffs and products (excluding medical products);
Firearms, military and similar equipment and documents, pornographic literature and material, alcohol, tobacco, narcotic products, products not admitted for importation into the country of destination;
Goods classified as dangerous by the conventions, laws or regulations in force and in particular those meeting the criteria and requirements of ADR (Decree of 1 June 2001 amended) and ICAO-IATA, namely:
Class 1: Explosive substances and articles
Class 2: Gases
Class 3: Flammable liquids
Class 4.1: Flammable solids
Class 4.2: Materials prone to spontaneous combustion
Class 4.3: Substances which, in contact with water, emit flammable gases
Class 5.1: Oxidizing materials
Class 5.2: Organic peroxides
Class 6.1: Toxic materials
Class 6.2: Infectious substances
Class 7: Radioactive materials
Class 8: Corrosive materials
Class 9: Miscellaneous hazardous materials and articles
Harmful, irritating, sensitizing, carcinogenic or mutagenic substances and preparations, toxic to reproduction or hazardous to the environment.
If a customer entrusts such items to the T.O., it shall indemnify the T.O. for any claims, damages, interest and expenses resulting therefrom, and the T.O. shall have the right to dispose of such items in any manner as it deems appropriate, including the right to immediately abandon their delivery.
The T.O. refuses:
goods liable to cause damage to persons, equipment, the environment or other goods transported and those which represent risks for transport which the T.O. considers unable to accept, and in particular all goods listed below, without this list being exhaustive:
Jewelry, timepieces, whether or not partly composed of precious metals, pearls, precious and semi-precious stones, gold or silver ware, coins, gold or silver ingots, coins, powder in cyanide or residue form, or any other mineral form, platinum and other precious metals, means of payment, banknotes, checks, bank cards, currencies, stocks, bonds, coupons, restaurant tickets, holiday vouchers, gift vouchers, active telephone cards, discount vouchers, securities and securities of any kind, coins of any state, tax stamps, postage stamps, lottery and PMU tickets, responses to tenders or pre-qualification dossiers in the context of contract awards.
Photographs, negatives, plans, layers, discs, magnetic tapes of which the originator has not previously kept a duplicate in order to be able to carry out the reconstitution or recomposition (no liability of the T.O. can be invoked because of the impossibility to reconstitute or the deadlines for reconstitution of the consignment), identity documents, visas, residence permits, vehicle registration documents;
Furs, works of art, sculpture or painting, antiques, paintings, objects of curiosity or collectibles, documents and samples whose market or conventional value is incommensurate with their intrinsic value;
Plants, living or dead beings, human remains, funeral urns, perishable foodstuffs and products (excluding medical products);
Firearms, military and similar equipment and documents, pornographic literature and material, alcohol, tobacco, narcotic products, products not admitted for importation into the country of destination;
Goods classified as dangerous by the conventions, laws or regulations in force and in particular those meeting the criteria and requirements of ADR (Decree of 1 June 2001 amended) and ICAO-IATA, namely:
Class 1: Explosive substances and articles
Class 2: Gases
Class 3: Flammable liquids
Class 4.1: Flammable solids
Class 4.2: Materials prone to spontaneous combustion
Class 4.3: Substances which, in contact with water, emit flammable gases
Class 5.1: Oxidizing materials
Class 5.2: Organic peroxides
Class 6.1: Toxic materials
Class 6.2: Infectious substances
Class 7: Radioactive materials
Class 8: Corrosive materials
Class 9: Miscellaneous hazardous materials and articles
Harmful, irritating, sensitizing, carcinogenic or mutagenic substances and preparations, toxic to reproduction or hazardous to the environment.
If a customer entrusts such items to the T.O., it shall indemnify the T.O. for any claims, damages, interest and expenses resulting therefrom, and the T.O. shall have the right to dispose of such items in any manner as it deems appropriate, including the right to immediately abandon their delivery.
Article 5: DECLARATION OBLIGATIONS
Article 5: DECLARATION OBLIGATIONS
The principal shall be liable for all consequences of a failure to comply with the obligation to provide information and to declare the very exact nature and specificity of the goods when such goods require special provisions, in particular having regard to their value and/or the coveting they are likely to give rise to, their dangerousness or fragility. In addition, the Principal expressly undertakes not to hand over illicit or prohibited goods (e.g. counterfeit products, narcotics, etc.) to the T.O. The principal shall bear alone, without recourse against the T.O., the consequences, whatever they may be, arising from erroneous, incomplete, inapplicable or late declarations or documents, including the information necessary for the transmission of any declaration required by customs regulations, in particular for the carriage of goods from third countries.
The principal shall be liable for all consequences of a failure to comply with the obligation to provide information and to declare the very exact nature and specificity of the goods when such goods require special provisions, in particular having regard to their value and/or the coveting they are likely to give rise to, their dangerousness or fragility. In addition, the Principal expressly undertakes not to hand over illicit or prohibited goods (e.g. counterfeit products, narcotics, etc.) to the T.O. The principal shall bear alone, without recourse against the T.O., the consequences, whatever they may be, arising from erroneous, incomplete, inapplicable or late declarations or documents, including the information necessary for the transmission of any declaration required by customs regulations, in particular for the carriage of goods from third countries.
The principal shall be liable for all consequences of a failure to comply with the obligation to provide information and to declare the very exact nature and specificity of the goods when such goods require special provisions, in particular having regard to their value and/or the coveting they are likely to give rise to, their dangerousness or fragility. In addition, the Principal expressly undertakes not to hand over illicit or prohibited goods (e.g. counterfeit products, narcotics, etc.) to the T.O. The principal shall bear alone, without recourse against the T.O., the consequences, whatever they may be, arising from erroneous, incomplete, inapplicable or late declarations or documents, including the information necessary for the transmission of any declaration required by customs regulations, in particular for the carriage of goods from third countries.
Article 5b: TRANSPORT ACCEPTANCE
Article 5b: TRANSPORT ACCEPTANCE
The Principal undertakes to comply with the following admission conditions: The shipments must meet the standards below: Weight: Less than or equal to 32 kg. Maximum dimensions: The sum of the length + 2 heights + 2 widths must not exceed 300 cm, the length must not exceed 150 cm
The Principal undertakes to comply with the following admission conditions: The shipments must meet the standards below: Weight: Less than or equal to 32 kg. Maximum dimensions: The sum of the length + 2 heights + 2 widths must not exceed 300 cm, the length must not exceed 150 cm
The Principal undertakes to comply with the following admission conditions: The shipments must meet the standards below: Weight: Less than or equal to 32 kg. Maximum dimensions: The sum of the length + 2 heights + 2 widths must not exceed 300 cm, the length must not exceed 150 cm
Article 6: DEADLINES
Article 6: DEADLINES
The deadlines shall run from the day on which the Principal accepts the order. The deadlines are communicated for information only by the T.O. and are modifiable. Unless specifically agreed, failure to comply with the given deadlines shall not give rise to the payment of damages to the Principal. Any modification of the order requested by the Principal may lead to modification of the deadlines. The T.O. is automatically released from any liability relating to deadlines in the following different cases:
The Principal does not respond in due time to requests for additional information made by the Seller
The service cannot be performed within the agreed deadlines due to the Principal or his client
Failure by the Principal to comply with the obligations incumbent on him
The case of force majeure. It is specified that the following events are assimilated to the case of “force majeure”: War, riots, strikes and popular movements, fire, accidents of all kinds, the failure of a supplier, the act of a third party. In all these cases known as “force majeure”, the T.O. will keep the buyer informed, in a timely manner, of the situation and its evolution so that the Principal can implement alternative arrangements.
The deadlines shall run from the day on which the Principal accepts the order. The deadlines are communicated for information only by the T.O. and are modifiable. Unless specifically agreed, failure to comply with the given deadlines shall not give rise to the payment of damages to the Principal. Any modification of the order requested by the Principal may lead to modification of the deadlines. The T.O. is automatically released from any liability relating to deadlines in the following different cases:
The Principal does not respond in due time to requests for additional information made by the Seller
The service cannot be performed within the agreed deadlines due to the Principal or his client
Failure by the Principal to comply with the obligations incumbent on him
The case of force majeure. It is specified that the following events are assimilated to the case of “force majeure”: War, riots, strikes and popular movements, fire, accidents of all kinds, the failure of a supplier, the act of a third party. In all these cases known as “force majeure”, the T.O. will keep the buyer informed, in a timely manner, of the situation and its evolution so that the Principal can implement alternative arrangements.
The deadlines shall run from the day on which the Principal accepts the order. The deadlines are communicated for information only by the T.O. and are modifiable. Unless specifically agreed, failure to comply with the given deadlines shall not give rise to the payment of damages to the Principal. Any modification of the order requested by the Principal may lead to modification of the deadlines. The T.O. is automatically released from any liability relating to deadlines in the following different cases:
The Principal does not respond in due time to requests for additional information made by the Seller
The service cannot be performed within the agreed deadlines due to the Principal or his client
Failure by the Principal to comply with the obligations incumbent on him
The case of force majeure. It is specified that the following events are assimilated to the case of “force majeure”: War, riots, strikes and popular movements, fire, accidents of all kinds, the failure of a supplier, the act of a third party. In all these cases known as “force majeure”, the T.O. will keep the buyer informed, in a timely manner, of the situation and its evolution so that the Principal can implement alternative arrangements.
Article 7: TARIFFS
Article 7: TARIFFS
The services are performed at the price in force at the time of placing the order. The prices shown in the order are valid only for a maximum period of 30 days.
The stipulated prices will be revised on each anniversary date of the contract.
The revision index is the reference index for the activity.
The expiry date of the contract is specified in the specific conditions of the commercial contract.
If it is not specified, it shall be fixed at 1st January of the calendar year.
The services are performed at the price in force at the time of placing the order. The prices shown in the order are valid only for a maximum period of 30 days.
The stipulated prices will be revised on each anniversary date of the contract.
The revision index is the reference index for the activity.
The expiry date of the contract is specified in the specific conditions of the commercial contract.
If it is not specified, it shall be fixed at 1st January of the calendar year.
Article 8: TERMS OF SETTLEMENT
Article 8: TERMS OF SETTLEMENT
All our invoices are payable in full by transfer upon receipt and remain due, even in the event of loss, damage or delay resulting from unforeseeable circumstances or force majeure. In accordance with Article L441-6 of the French commercial Code, the agreed payment terms may in no case exceed thirty days from the date of issue of the invoice. In the absence of payment on the scheduled date, late penalties will be applied, without further notice, at the rate set by Article L441-6 of the French commercial Code, increased by € 40 for recovery costs.
Should the claim be entrusted to a judicial officer or any recovery body, the amount shall be increased by an indemnity equal to 15% of the declared sum, with a minimum of €150, in addition to legal interest and any legal costs.
Any payments made prior to the due date shall not give rise to any discount deduction.
By express agreement, the default of payment, even partial, will result in the immediate enforceability of all other invoices not yet due, and this without formal notice. As part of the online payment service by credit card, transport services are payable immediately. Payment is made at the time of order, by communicating the bank card number of the Client by means of a secure payment system (Carte Bleue, Visa, Mastercard, American Express network cards are accepted).
All our invoices are payable in full by transfer upon receipt and remain due, even in the event of loss, damage or delay resulting from unforeseeable circumstances or force majeure. In accordance with Article L441-6 of the French commercial Code, the agreed payment terms may in no case exceed thirty days from the date of issue of the invoice. In the absence of payment on the scheduled date, late penalties will be applied, without further notice, at the rate set by Article L441-6 of the French commercial Code, increased by € 40 for recovery costs.
Should the claim be entrusted to a judicial officer or any recovery body, the amount shall be increased by an indemnity equal to 15% of the declared sum, with a minimum of €150, in addition to legal interest and any legal costs.
Any payments made prior to the due date shall not give rise to any discount deduction.
By express agreement, the default of payment, even partial, will result in the immediate enforceability of all other invoices not yet due, and this without formal notice. As part of the online payment service by credit card, transport services are payable immediately. Payment is made at the time of order, by communicating the bank card number of the Client by means of a secure payment system (Carte Bleue, Visa, Mastercard, American Express network cards are accepted).
All our invoices are payable in full by transfer upon receipt and remain due, even in the event of loss, damage or delay resulting from unforeseeable circumstances or force majeure. In accordance with Article L441-6 of the French commercial Code, the agreed payment terms may in no case exceed thirty days from the date of issue of the invoice. In the absence of payment on the scheduled date, late penalties will be applied, without further notice, at the rate set by Article L441-6 of the French commercial Code, increased by € 40 for recovery costs.
Should the claim be entrusted to a judicial officer or any recovery body, the amount shall be increased by an indemnity equal to 15% of the declared sum, with a minimum of €150, in addition to legal interest and any legal costs.
Any payments made prior to the due date shall not give rise to any discount deduction.
By express agreement, the default of payment, even partial, will result in the immediate enforceability of all other invoices not yet due, and this without formal notice. As part of the online payment service by credit card, transport services are payable immediately. Payment is made at the time of order, by communicating the bank card number of the Client by means of a secure payment system (Carte Bleue, Visa, Mastercard, American Express network cards are accepted).
Article 9: RESPONSIBILITIES-INSURANCE
Article 9: RESPONSIBILITIES-INSURANCE
The liability of BLUBAG, for any justified damages for which it is legally bound, may not exceed the following indemnities:
* For consignments of less than 3 tonnes: € 23 per kilogram of gross weight of missing or damaged goods for each of the objects included in the shipment, not to exceed € 750 per lost, incomplete or damaged package, regardless of weight, volume, dimensions, nature or value.
* For shipments over 3 tonnes: € 14 per kilogram of gross weight of missing or damaged goods for each of the objects included in the consignment, not exceeding for each lost, incomplete or damaged consignment, whatever the weight, volume, dimensions, nature or value, a sum greater than the product of the gross weight of the consignment expressed in tonnes multiplied by € 2300.
* In case of proven commercial damage, the compensation shall not exceed the amount of the cost of transport.
In the event of loss or damage, the Principal must express reservations on the transport documents and send their precise and motivated protest to BLUBAG by registered letter within three days (excluding holidays) of receipt of the goods.
BLUBAG's pricing is based on these limitations and BLUBAG shall not be held liable for any other damages. When the shipper entrusts BLUBAG with goods whose value exceeds the limits indicated above, it is the responsibility of the shipper prior to each shipment, to declare this by a written order of insurance, failing which he will assume the risks of transport for this excess value. This spot insurance taken out on behalf of the claimant for remuneration is called AD VALOREM.
The liability of BLUBAG, for any justified damages for which it is legally bound, may not exceed the following indemnities:
* For consignments of less than 3 tonnes: € 23 per kilogram of gross weight of missing or damaged goods for each of the objects included in the shipment, not to exceed € 750 per lost, incomplete or damaged package, regardless of weight, volume, dimensions, nature or value.
* For shipments over 3 tonnes: € 14 per kilogram of gross weight of missing or damaged goods for each of the objects included in the consignment, not exceeding for each lost, incomplete or damaged consignment, whatever the weight, volume, dimensions, nature or value, a sum greater than the product of the gross weight of the consignment expressed in tonnes multiplied by € 2300.
* In case of proven commercial damage, the compensation shall not exceed the amount of the cost of transport.
In the event of loss or damage, the Principal must express reservations on the transport documents and send their precise and motivated protest to BLUBAG by registered letter within three days (excluding holidays) of receipt of the goods.
BLUBAG's pricing is based on these limitations and BLUBAG shall not be held liable for any other damages. When the shipper entrusts BLUBAG with goods whose value exceeds the limits indicated above, it is the responsibility of the shipper prior to each shipment, to declare this by a written order of insurance, failing which he will assume the risks of transport for this excess value. This spot insurance taken out on behalf of the claimant for remuneration is called AD VALOREM.
The liability of BLUBAG, for any justified damages for which it is legally bound, may not exceed the following indemnities:
* For consignments of less than 3 tonnes: € 23 per kilogram of gross weight of missing or damaged goods for each of the objects included in the shipment, not to exceed € 750 per lost, incomplete or damaged package, regardless of weight, volume, dimensions, nature or value.
* For shipments over 3 tonnes: € 14 per kilogram of gross weight of missing or damaged goods for each of the objects included in the consignment, not exceeding for each lost, incomplete or damaged consignment, whatever the weight, volume, dimensions, nature or value, a sum greater than the product of the gross weight of the consignment expressed in tonnes multiplied by € 2300.
* In case of proven commercial damage, the compensation shall not exceed the amount of the cost of transport.
In the event of loss or damage, the Principal must express reservations on the transport documents and send their precise and motivated protest to BLUBAG by registered letter within three days (excluding holidays) of receipt of the goods.
BLUBAG's pricing is based on these limitations and BLUBAG shall not be held liable for any other damages. When the shipper entrusts BLUBAG with goods whose value exceeds the limits indicated above, it is the responsibility of the shipper prior to each shipment, to declare this by a written order of insurance, failing which he will assume the risks of transport for this excess value. This spot insurance taken out on behalf of the claimant for remuneration is called AD VALOREM.
Article 10: CONTRACTUAL POSSESSORY LIEN
Article 10: CONTRACTUAL POSSESSORY LIEN
Regardless of the quality in which the T.O. intervenes, the Principal expressly acknowledges a conventional right of lien giving rise to a right of retention and of general and permanent preference over all the goods, securities and documents in the possession of the transporter, and this as guarantee for all claims (invoices, interest, expenses incurred, etc..) which the T.O. holds against him, even prior to or unrelated to the operations carried out in respect of the goods, securities and documents actually in his possession.
Regardless of the quality in which the T.O. intervenes, the Principal expressly acknowledges a conventional right of lien giving rise to a right of retention and of general and permanent preference over all the goods, securities and documents in the possession of the transporter, and this as guarantee for all claims (invoices, interest, expenses incurred, etc..) which the T.O. holds against him, even prior to or unrelated to the operations carried out in respect of the goods, securities and documents actually in his possession.
Regardless of the quality in which the T.O. intervenes, the Principal expressly acknowledges a conventional right of lien giving rise to a right of retention and of general and permanent preference over all the goods, securities and documents in the possession of the transporter, and this as guarantee for all claims (invoices, interest, expenses incurred, etc..) which the T.O. holds against him, even prior to or unrelated to the operations carried out in respect of the goods, securities and documents actually in his possession.
Article 11: CANCELLATION-INVALIDITY
Article 11: CANCELLATION-INVALIDITY
Should any of the provisions of these General Terms and Conditions of Sale be declared null and void or deemed unwritten, all other provisions therein shall remain applicable.
Should any of the provisions of these General Terms and Conditions of Sale be declared null and void or deemed unwritten, all other provisions therein shall remain applicable.
Should any of the provisions of these General Terms and Conditions of Sale be declared null and void or deemed unwritten, all other provisions therein shall remain applicable.
Article 12: CLAIMS
Article 12: CLAIMS
Claims are admissible provided that the cost of the transport has been paid. Claims must be reported, whatever the cause or nature, within 72 hours by extrajudicial act or by registered letter accompanied by proof of the damage suffered, failing which they will be deemed inadmissible as of right. The Principal alone shall bear the consequences, whatever they may be, resulting from erroneous, incomplete, inapplicable or late declarations or documents. In the event of refusal of the goods by the Consignee, as in the event of default of the latter for any reason whatsoever, all initial and additional costs due and incurred by BLUBAG shall remain automatically the responsibility of the Principal.
Claims are admissible provided that the cost of the transport has been paid. Claims must be reported, whatever the cause or nature, within 72 hours by extrajudicial act or by registered letter accompanied by proof of the damage suffered, failing which they will be deemed inadmissible as of right. The Principal alone shall bear the consequences, whatever they may be, resulting from erroneous, incomplete, inapplicable or late declarations or documents. In the event of refusal of the goods by the Consignee, as in the event of default of the latter for any reason whatsoever, all initial and additional costs due and incurred by BLUBAG shall remain automatically the responsibility of the Principal.
Claims are admissible provided that the cost of the transport has been paid. Claims must be reported, whatever the cause or nature, within 72 hours by extrajudicial act or by registered letter accompanied by proof of the damage suffered, failing which they will be deemed inadmissible as of right. The Principal alone shall bear the consequences, whatever they may be, resulting from erroneous, incomplete, inapplicable or late declarations or documents. In the event of refusal of the goods by the Consignee, as in the event of default of the latter for any reason whatsoever, all initial and additional costs due and incurred by BLUBAG shall remain automatically the responsibility of the Principal.
Article 13: LAW AND JURISDICTION
Article 13: LAW AND JURISDICTION
This contract is subject to French law. In the event of a dispute or litigation, the courts of the registered office of the transport operator (T.O.) shall have sole jurisdiction whatever the nature, cause or place of the dispute and whatever the special conditions of the service, even in the event of multiple defendants or guarantee calls.
This contract is subject to French law. In the event of a dispute or litigation, the courts of the registered office of the transport operator (T.O.) shall have sole jurisdiction whatever the nature, cause or place of the dispute and whatever the special conditions of the service, even in the event of multiple defendants or guarantee calls.
This contract is subject to French law. In the event of a dispute or litigation, the courts of the registered office of the transport operator (T.O.) shall have sole jurisdiction whatever the nature, cause or place of the dispute and whatever the special conditions of the service, even in the event of multiple defendants or guarantee calls.
Article 14: PERSONAL DATA PROTECTION
Article 14: PERSONAL DATA PROTECTION
BLUBAG undertakes to scrupulously monitor the regulations relating to the protection of personal data by ensuring that it complies with the provisions of the Data Protection Act n°7817 of 6 January 1978 as amended, European Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR”), and any current or future laws or regulations relating to such regulations.
BLUBAG collects personal data (hereinafter referred to as the “Data”) from the Principal who contracts with it in order to carry out the transport services. The communication to BLUBAG of the data by the Principal is mandatory for the performance by BLUBAG of the above-mentioned services designed on the contractual relationship between BLUBAG and the Principal.
The recipients of the data are BLUBAG and all third parties such as carriers, logisticians, IT service providers participating in the implementation of the services (hereinafter “recipients”). BLUBAG and/or the recipients may use the data to perform the services related to the contract. BLUBAG may use the data for the following purposes: Commercial communication such as sending newsletters, promotional offers (provided they relate to services identical to those of the contract), etc. The assessment of the satisfaction level of the Client and/or recipients, in particular by means of satisfaction surveys (by email or telephone). The data shall be kept for periods in accordance with the retention periods in force specific to each type of data.
The Client shall entrust BLUBAG with data relating to its customers or any other third party (hereinafter “clients of the Principal” or “its customers”) in strict compliance with the regulations on personal data. The Principal, in his capacity as controller, undertakes to have carried out all the prior information and formalities necessary for the implementation of the processing of personal data that he carries out. The Principal undertakes in particular to inform the persons concerned of the transfer to BLUBAG. The Principal may at any time exercise his right of access to data concerning him, his right to object to receiving prospecting and his right of rectification or deletion, as well as his right of portability.
BLUBAG undertakes to scrupulously monitor the regulations relating to the protection of personal data by ensuring that it complies with the provisions of the Data Protection Act n°7817 of 6 January 1978 as amended, European Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR”), and any current or future laws or regulations relating to such regulations.
BLUBAG collects personal data (hereinafter referred to as the “Data”) from the Principal who contracts with it in order to carry out the transport services. The communication to BLUBAG of the data by the Principal is mandatory for the performance by BLUBAG of the above-mentioned services designed on the contractual relationship between BLUBAG and the Principal.
The recipients of the data are BLUBAG and all third parties such as carriers, logisticians, IT service providers participating in the implementation of the services (hereinafter “recipients”). BLUBAG and/or the recipients may use the data to perform the services related to the contract. BLUBAG may use the data for the following purposes: Commercial communication such as sending newsletters, promotional offers (provided they relate to services identical to those of the contract), etc. The assessment of the satisfaction level of the Client and/or recipients, in particular by means of satisfaction surveys (by email or telephone). The data shall be kept for periods in accordance with the retention periods in force specific to each type of data.
The Client shall entrust BLUBAG with data relating to its customers or any other third party (hereinafter “clients of the Principal” or “its customers”) in strict compliance with the regulations on personal data. The Principal, in his capacity as controller, undertakes to have carried out all the prior information and formalities necessary for the implementation of the processing of personal data that he carries out. The Principal undertakes in particular to inform the persons concerned of the transfer to BLUBAG. The Principal may at any time exercise his right of access to data concerning him, his right to object to receiving prospecting and his right of rectification or deletion, as well as his right of portability.
BLUBAG undertakes to scrupulously monitor the regulations relating to the protection of personal data by ensuring that it complies with the provisions of the Data Protection Act n°7817 of 6 January 1978 as amended, European Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR”), and any current or future laws or regulations relating to such regulations.
BLUBAG collects personal data (hereinafter referred to as the “Data”) from the Principal who contracts with it in order to carry out the transport services. The communication to BLUBAG of the data by the Principal is mandatory for the performance by BLUBAG of the above-mentioned services designed on the contractual relationship between BLUBAG and the Principal.
The recipients of the data are BLUBAG and all third parties such as carriers, logisticians, IT service providers participating in the implementation of the services (hereinafter “recipients”). BLUBAG and/or the recipients may use the data to perform the services related to the contract. BLUBAG may use the data for the following purposes: Commercial communication such as sending newsletters, promotional offers (provided they relate to services identical to those of the contract), etc. The assessment of the satisfaction level of the Client and/or recipients, in particular by means of satisfaction surveys (by email or telephone). The data shall be kept for periods in accordance with the retention periods in force specific to each type of data.
The Client shall entrust BLUBAG with data relating to its customers or any other third party (hereinafter “clients of the Principal” or “its customers”) in strict compliance with the regulations on personal data. The Principal, in his capacity as controller, undertakes to have carried out all the prior information and formalities necessary for the implementation of the processing of personal data that he carries out. The Principal undertakes in particular to inform the persons concerned of the transfer to BLUBAG. The Principal may at any time exercise his right of access to data concerning him, his right to object to receiving prospecting and his right of rectification or deletion, as well as his right of portability.
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