General Terms and Conditions of Sale and Carriage by Road FedEx (related to FedEx services in France) Effective 1/09/2018
- 1. PURPOSE AND FIELD OF APPLICATION
These terms and conditions of sale and carriage (hereinafter referred to as “FedEx T&C”) are intended to define the procedures for execution services FedEx Optimum ™, FedEx Nuit™, FedEx Programmé™, FedEx Feedback™, FedEx@Home™, FedEx@Home™ Express et FedEx@Home™ Duo provided by FedEx Express FR, under the brand FedEx. The brand FedEx is operated by FedEx Express FR which – under this brand – provides exclusively national and international transport services for professionals and individuals, FedEx Express FR acting as freight forwarder or carrier and providing a customs clearance service.
The features of the services offered appear on FedEx Express FR’s website at the following address www.fedex.com/fr.
FedEx Express FR reserves the right to amend these FedEx T&C at any time. The amended FedEx T&C will be applicable once they are notified to the client, by all means, with effect from the date stipulated.
In any capacity and especially as forwarding agent or carrier, FedEx Express FR undertakes to transport the goods entrusted to it as from their acceptance to the agreed destination, via the route, procedure and carriers selected by it.
Contractual relations are governed by these FedEx T&C, without prejudice to the application of international conventions for international transport by road and any amendment which may be made thereto.
- 2. APPLICABILITY
No special condition nor any other Terms and Conditions issued by the sender may, without the express agreement of FedEx Express FR, prevail over these FedEx T&C. The giving of the order for shipment by the sender implies acceptance, without reservation, of these FedEx T&C. Any claim shall be dealt with on the basis of the FedEx T&C in force on the date of shipment.
- 3. TERM - TERMINATION
The parties commit themselves as from signature of the Sales Agreement and/or of the contract for an indeterminate or determinate period. The parties may terminate the agreement at any time, by recorded delivery letter with receipt, giving notice of:
- one month, when the length of the relationship is 6 months or less ;
- two months, when the length of the relationship has lasted from 6 months to 1 year;
- three months, when the length of the relationship has lasted from 1 to 3 years
- four months, when the length of the relationship exceeds 3 years, with an additional week’s notice per full year’s commercial relationship, with a maximum notice of 6 months.
Should any shipments continue to be invoiced after the date of termination, they shall be invoiced at the general public rate in force on the date of shipment and analysed on the basis of the FedEx T&C in force on the date of shipment.
- 4. DIMENSIONS
Any package entrusted to FedEx Express FR must comply with the following criteria:
Unit weight: 10 m3 or 800 kg.
Dimensions: length + width + height ≤ 500 cm with a maximum length of 240 cm and a maximum height of 200 cm.
For international transport:
Refer to the guides of services or pages of services on www.fedex.com/fr.
Maximum limit per shipment
10 m3 or 800 kg
Should the fixed criteria be exceeded, advance information must be provided by the client to FedEx Express FR, which reserves the right to adjust the price.
- 5. TRANSPORTED GOODS - RESTRICTIONS ON ACCEPTANCE
Without this list being exclusive, the products in the list below cannot be taken in hand without a preliminary study. Should FedEx Express FR accept, a specific contract will be drawn up.
- All merchandise classed as “dangerous” for road and/or multimodal transport (danger classes from 1 to 9 under ADR/IATA/IMDG regulations). Dangerous merchandise of class 1 (explosives) except for 1.4 S, of class 2.3 (toxic gas) and of class 7 (radioactive) is strictly prohibited in the brand FedEx network;
- Objects of value (jewelry, pearls, precious metals, banknotes, cash, means of payment, pieces of art and collectors’ items, antiquities, etc.), personal effects, identity documents, living or dead animals, goods under controlled temperature (except for Health transport), perishable goods, firearms, war materials, goods under documentary credit, funeral urns, narcotics, wine and alcohol, furs, double use technology, unstable blood products, waste, invitations to tender and any medicines and classified substances or preparations ;
- Goods travelling under ATA carnet including exhibition goods; and, in general;
- Any goods which might present a danger to the environment or to the safety of persons or transport vehicles, or damage any other packages transported.
For international transport, apart from objects within the restrictions above, plants and perishable produce, marketable securities and any objects not permitted for importation into the destination country cannot be accepted.
FedEx Express FR will not deliver to ships, fairs, trade shows, exhibitions, hotels, campsites, Post Office boxes or transitory addresses nor to building sites or mobile sites. However, FedEx Express FR may decide to accept such deliveries subject to specific pricing.
The sender undertakes to inform FedEx Express FR of any non-apparent particularities of the merchandise which may affect the transport process.
Should the sender entrust FedEx Express FR with objects within the above restrictions, these will travel at the sender’s risk and FedEx Express FR shall be discharged from any liability therefor.
In the event of any incident, the sender authorises FedEx Express FR to dispose of such package in any manner considered appropriate, including abandonment of its transport.
It is stipulated that, for the transport of dangerous goods, FedEx Express FR is linked to the total exemption scheme (packaged goods in limited quantities), as provided for by the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR).
FedEx Express FR may nevertheless study certain types of regulated goods traffic with a view to offering an appropriate collection solution. In this case, a specific contract will be drawn up.
In compliance with the regulations concerning safety and security in air transport, any package loaded onto an aircraft may be subject to examination which may include the use of X-rays. FedEx Express FR shall not be held liable for any delay incurred thereby.
- 6. OBLIGATIONS OF SENDER
Content: The sender shall be liable for any loss or damage which may be caused to third parties and/or to FedEx Express FR by a package within the above restrictions and for any consequences of any non-compliance therewith.
Packaging: packages shall be prepared and packaged by the sender in safe premises. They shall be packaged in firm, resistant packaging, appropriate to the contents and to the transport requirements. In default, the package will travel at the sender’s risk.
Labelling: clear labelling must be placed on each package, to enable immediate and unequivocal identification of the sender, addressee, place of delivery, nature and type of service selected.
The sender shall be liable for all the consequences of any missing, insufficient or inaccurate labelling and for any breach of the obligation of information as to the nature and particularities of the goods.
Customs formalities: Where necessary, FedEx Express FR will carry out, on behalf of the client in the context of custom direct representation, unless contrary contractual stipulations, the outward processing customs formalities from the forwarding territory of shipment and the inward processing customs formalities in the destination territory, FedEx Express FR being entitled to arrange substitution by any third party of its choice, after client’s prior approval.
Where Customs operations have to be effected and under the custom representation agreed upon by the parties, the sender shall indemnify FedEx Express FR against any, including financial, consequences due to erroneous instructions and/or inapplicable documents or documents provided late, or against any breach of the provisions of the UE customs Code, the French customs Code and the French General Tax Code (CGI) involving the levying of additional duty and/or taxes and fines by the competent authorities. In any cases, the sender is obliged to produce any documents required for the execution of Customs formalities by complying with the applicable regulations. FedEx Express FR shall not be held liable for any acts or omissions attributable to the sender or the Customs service.
Legislation: The sender shall comply with any laws, customs and government regulations in force in the countries of destination, origin and transit of the goods.
Weight: The sender shall state the weight of the package on the transport document.
FedEx Express FR reserves the right to rectify any error of weight based on indications from regularly checked weighing machines.
The sender authorises FedEx Express FR to adjust any amount invoiced to account for any such modifications.
- 7. INSPECTION’S RIGHT
The sender accepts that FedEx Express FR or any governmental authority, including Customs, is entitled to open or inspect the package sent, at any time, save that the exercise of such right shall not affect the sender’s sole liability for the accuracy of its declarations.
- 8. DELIVERY
All deliveries are made to the ground floor. For delivery to be made to an upper floor, a supplementary charge shall be invoiced.
On delivery, any damage, loss or deterioration must be recorded in specific and reasoned reservations on the state of the merchandise and the quantity delivered, dated and signed on the delivery note.
In the absence of reservations on delivery, the goods shall be deemed to have been delivered in good condition.
- 9. REDELIVERY
If the addressee is absent, the carrier shall leave an attempted delivery note, stating the number to be contacted. If the addressee has failed to make contact with FedEx within 5 working days, the package shall be returned to the shipper and invoiced at the price for one-way transport.
- 10. LIABILITY
10.1 – Loss / Damage
FedEx Express FR shall be liable in the event of material loss or damage caused to the package during transport or in the event of non-delivery, save in the event of fault by the sender or addressee, force majeure, inherent defect in the object or inadequate packaging, which are non-exhaustive exonerating events.
If it is established, FedEx Express FR’s liability is incurred for the original value of the goods, the amount of their repair or the direct document restoration expenses and upon presentation of supporting documents, within the limits stipulated by the provision of article 22 of the standard contract – French decree no. 2017-461 of 31 March 2017, namely:
- for dispatches weighing less than 3 metric tons, limited to 33 € per kilogram, without exceeding 1,000 € per package,
- for dispatches weighing or exceeding 3 metric tons, it shall not exceed 20 € per kilogram of gross weight in respect of missing or damaged goods for each object included in the dispatch, without exceeding, per lost, incomplete or damaged dispatch, whatever its weight, volume, dimensions, type or value, a sum exceeding the gross weight of the dispatch, expressed in metric tons, multiplied by 3,200 €.
In the event of established loss resulting from a delay in delivery through its fault, FedEx Express FR shall be liable to pay an indemnity which shall not exceed the price of the transport (excluding duty, taxes and sundry costs), on written application by the sender (art.24.3 of the standard contract – decree n° 2017-461 of 31 March 2017). FedEx Express FR will not guarantee delivery periods if the criteria listed in paragraph 4 are exceeded.
10.3 Compensatable loss
FedEx Express FR shall in no circumstances be liable for intangible or indirect loss, whatever the cause thereof.
- 11. INSURANCE FOR TRANSPORTED GOODS
With the exception of the restrictions referred to in article 5, the sender may insure its dispatch up to a maximum of 3,000 € ex-VAT per package and 15,000 € ex-VAT per shipment. It shall state the value ex-VAT of its dispatch on the front of the transport advice, as from the first euro and pay the corresponding premium.
The insured value shall be automatically substituted for the indemnity ceiling fixed in article 10.1.
The insurance covers any loss or damage caused to the transported goods.
It does not cover any intangible loss, loss due to delay or indirect loss (such as loss of market or profit, deprivation of possession, etc...).
Any fault of the sender or addressee, any inherent defect, inadequate packaging, act of terrorism, popular uprising, riot, circumstance of war or nuclear damage is likewise excluded.
As the insurance is taken out by FedEx Express FR on behalf of the sender, the latter has a direct claim against the insurer for making good its loss.
- 12. CLAIMS
In the event of loss, damage or deterioration sustained by the goods during transport, the addressee shall make regular and sufficient examinations and reasoned reservations and shall take all necessary measures for protection of its rights. In default of detailed reservations made by the addressee on the delivery note, it shall be for the claimant to prove that the damage occurred during transport.
Any claim must be sent by recorded delivery letter to the following address: FedEx Express FR –
Service Litiges Marchandises
at the latest within 14 calendar days after delivery (the date of delivery being included in this period). Any claim must be accompanied by the following information: photocopy of transport document, date of shipment, weight of package, sales invoice or any supporting document.
- 13. PRICES
Prices are stated ex-VAT, increased by the VAT in force on issue of the invoice or, where appropriate, on shipment.
Unless otherwise expressly agreed by the parties, the service shall be invoiced monthly, according to the destination area, the type of service provided, taking particular account of the type, weight and volume of the goods to be transported, and the volume of business from the sender. Any price alterations, including those resulting from non- compliance with the volume commitment referred to above, shall be notified to the client at least four weeks before their application.
The price agreed may be reviewed in the event of variation in the price of oil, as provided in article 24 of the law of 1 February 1995, amended by law n°2006-10 of 5 January 2006. The transport price initially agreed shall also be reviewed in the event of significant variations in FedEx Express FR’s charges, which depend on conditions external thereto and which the claimant can justify by any means. Law n°2008-776 of 4 August 2008 amending article 24 of law 95-96 of 1 February 1995 provides a penal sanction with a fine of 15,000 € in the event of non-compliance by the client in the application for the review of the price of oil under the provisions of law n°2006-10 of 5 January 2006 referred to above.
The price does not include duty, taxes, fees or dues payable under any, including tax or Customs, regulation.
For international transport, taxation shall be applied based on the volumetric weight according to IATA norms in force: 166 kg/m3.
For national transport, if the mass found is less than 135 kg/m3, FedEx Express FR reserves the right to invoice the client on the basis of 135 kg/m3, unless otherwise agreed between the parties.
Similarly, any associated services, attributable to or requested by the sender, including, but not limited to, any renewed delivery attempt, return of pallets, Saturday delivery, waiting time exceeding 30 minutes, etc., shall be invoiced in addition to the transport price.
The sender may contact FedEx Express FR in advance to find out the cost of any additional services.
- 14. PAYMENT TERMS
Payment shall be made immediately or on receipt of invoice. Pursuant to law N° 2006- 10 of 5 January 2006 as amended by law N°2008-3 of 3 January 2008, payment may in no circumstances exceed 30 days from the date of issue of the invoice. Under article L441-6 paragraph 12, French Commercial Code, non-payment on the due date shall be punished by a fine of 15,000 €. This fine shall be 75,000 € if the offender is a legal entity. Late-payment penalties shall be automatically applied on the day after the payment date stated on the invoice. These penalties shall be at a rate equal to three times the official interest rate. The amount of the fixed indemnity for collection expenses provided for in art.19.3 of the standard contract - decree n° 2017-461 of 31 March 2017 is set at 40 €. The parties agree that their reciprocal credits and debts may not be set off on the sole initiative of one of the parties. No discount shall be applied in the event of premature payment.
Save in the event of special agreement, all import and export duties on the package and any other charges imposed thereon shall be payable on delivery. for in art.19.3 of the standard contract - decree n° 2017-461 of 31 March 2017 is set at 40 €.
The parties agree that their reciprocal credits and debts may not be set off on the sole initiative of one of the parties. No discount shall be applied in the event of premature payment.
Save in the event of special agreement, all import and export duties on the package and any other charges imposed thereon shall be payable on delivery.
- 15. TRANSPORT AGAINST PAYMENT
Unless otherwise agreed, the Chequexpress option is only authorised for national transport. Collection shall be made solely by cheque, made out to the order of the sender. FedEx Express FR’s liability shall end with delivery of the package against payment by the addressee of the amount on the transport advice.
In the event of loss of the payment, FedEx Express FR shall only be liable in respect of the costs of stopping the cheque, save in the event of force majeure, which shall be an exonerati ng event.
The Chequexpress option prevents the client from opting for carriage due.
This service is valid for any goods whose value does not exceed 3,000 € including VAT per package and 15,000 € including VAT per shipment.
- 16. CONVENTIONAL RIGHT OF PLEDGE
The sender expressly acknowledges FedEx Express FR’s right to contractual security with a right of retention and a right of conventional pledge over any goods and documents in FedEx Express FR’s possession, by way of security for all receivables (invoices, interest, costs incurred, etc...) held against it by FedEx Express FR.
- 17. CANCELLATION - INVALIDITY
Should any of the provisions of these FedEx T&C be declared null and void or be deemed to be non-existent, all the other provisions shall continue to apply.
- 18. TIME BAR FOR LEGAL ACTION
Any legal action shall be brought within one year from the date of delivery or of the date on which delivery should have been effected.
- 19. PERSONAL DATA
Any personal data collected is provided to FedEx Express FR for delivery of the package and for contract and sales management. Pursuant to the French Data Protection Law, the persons concerned may contact email@example.com for further information and to exercise all their rights, including those of access, rectification and objection.
- 20. FIGHT AGAINST CORRUPTION
Client undertakes to comply with all applicable laws, and in particular with those relating to anti-bribery and shall refrain from any conduct that could cause FedEx to be in violation of such law, including, without limitation, US Foreign Corrupt Practices Act, 15 USC §78dd-1, and seq. (“FCPA”) and French legislation on bribery and influence peddling.
FedEx condemns all acts of bribery or influence peddling of public officials or private agents, including any payment, offer, promise, donation, gift or any advantage whatsoever to a third party for the purpose of (i) performing or refrain from performing, or because it has performed or refrained from performing any act of its activity or function or facilitated by its activity or function, in breach of its legal, contractual or professional obligations; or (ii) abusing or misusing its actual or alleged influence with a view to obtain distinctions, jobs, contracts or any other favorable decision from an authority or public administration.
Any act aiming to bribery or influence peddling, including a simple oral proposal, whether followed of effect or not, and even though this act related to a negligible value, must therefore be strictly prohibited.
- 21. APPLICABLE LAW AND JURISDICTION
These FedEx T&C are governed by French law.
Any dispute concerning these FedEx T&C which cannot be amicably settled between the parties shall be within the exclusive jurisdiction of the Commercial Court of Lyon, even in the event of multiplicity of defendants or interpleader.