Article 1 : Object & scope of terms of trade
These conditions of trade define the scope of the services provided by the Operator to its clients, excluding all other conditions.
The Operator is TDF, moral entity, holder of the port concession to exercise its activity on the port of Dunkerque.
The term « container » defines a 20, 40 or 45’ foot crate for the transportation of goods, whether in the form of racks, open platforms, tanks or refrigerated containers, complying with safety standards shown on the CSC.
Article 2 : Services
The Operator undertakes to provide all the following services throughout the year, with the following exceptions of the period from 30th April at 22.00 to 2nd May, at 06.00, and the night shifts of 24th and 31st of December.
Principal Operations: Loading and discharging of goods, containerized or not, of seagoing vessels, feeders and barges.
Other Operations: Stuffing / unstuffing of containers, trailers or other operations, stuffing, stripping, cargo securing, cargo storage, reefer plugging and monitoring of temperature, reception & delivery of reefer to Dunfresh warehouse with transport commission.
Article 3 : Performance of services
The Operator undertakes to do everything possible to carry out the requested services of the client. In return, the customer must do everything possible to enable the Operator to carry out his mission.
The Operator shall not be liable for any consequence, direct or indirect, due to defective packaging, labelling or marking, or absence or lack of information, regarding the nature of the goods to be loaded, and for the vessel, an unavailable place at the quay side.
Article 4 : Pricing of services
Prices are calculated on the basis of information supplied by the client, taking into consideration in particular, the services to be provided or the nature, the weight and the volume of the goods. Specific contracts can be drawn up with the client.
All taxes and duties due in compliance with, in particular any fiscal or customs regulations, will be payable by the client.
Operations carried out on 24th, 25th, 31st December and 1st January are subject to special rates. Such operations will only be carried out at specially negotiated rates between the Operator and the client.
Invoices are to be paid in full, in accordance with the payments terms specified on the invoice. Payment by set-off is not allowed, notwithstanding any alleged custom practice to the contrary. Where any charge remains unpaid beyond the due date, interest will be charged on the outstanding balance at the rate of 3 times the French legal interest rate applicable at the time the debt arises.
From 1/1/2013, a recovery fee is due for each late payment. The amount of these fees is 40 € per invoice (art D441-5 du code du commerce).
Article 5 : Lien
The Operator has a right of lien which guarantees the payment of debts including principal, interests and costs on containers and all goods, assets and documents withheld against the clients, owner or consignee.
Article 6 : Liability
Liability regime :
The liability regime which is applied to the Operator is in accordance with articles L5422-12 to 18 of the Code of Transport, created by the Ordonnance n°2010-1307 of 28 October 2010.
Scope of liability :
The Operator will be in particular liable for loss and damage related to ship, containership or its equipment sustained whilst at the Port Terminal, from reception of containers to their loading on the vessel, and from their unloading to their departure from the terminal.
The Operator does not accept any liability whatsoever for indirect or consequential loss or damage, loss of revenue, loss of hire or demurrage.
If the client is jointly liable in connection with a fault attributable to the Operator, its employees, representatives, agents, subcontractors or third parties, then the Operator’s liability will be limited to such proportion of the fault as is directly attributable to it or its representatives.
The Operator shall have no liability for damage caused by Force Majeure.
Article 7 : Limitation of liability
The Operator’s liability in respect of damage occuring during regulated operations will be limited, according to the terms of the contract signed between the 2 parties, with a maximum of 7.500.000 € per incident.
In the absence of commercial contract between the parties, the liability of the Operator regarding containerized cargo or not, is limited as stated in ART L5422-13 (Code of Transports), stipulated by the Convention of Brussels, 25/08/1924, which states a maximum amount of 666,67 DTS per bundle, or 2 DTS per kilogram, and the allocated sum of damages will be calculated on the basis of the cargo value of goods at the time and place of discharge, according to the contract.
The Operator’s liability does not extend beyond this.
Article 8 : Procedure for claims on Operator's liability
All claims against the Operator shall become time-barred from the date the goods are delivered or should have been delivered to the consignee, and for all claims relating to unregulated services within common law time limits.
The Operator declines all liability from the moment goods or cargos leave the Terminal.
Operator is empowered to record or to have recorded any damage.
In case of emergency, Operator is empowered to take all immediate measures to preserve safety of people and goods. All costs incurred in taking these measures of conservation shall be for the client’s account, except if the Operator’s liability is proved.
Article 9 : Damage to a container
In case of damage or loss, a contradictory statement should be drawn up immediately.
The containers are deemed to have been delivered or unloaded in good condition if no reservations have been reported by the transporter or the crew of the vessel on the state of the containers on delivery.
When the operator is to carry out maintenance or repairs on equipment, at the client’s request, the relevant charges will be quoted to the client for approval before work is performed. The client is free to select a subcontractor of his own choice.
Article 10 : Applicable law
These terms of trade, as well as services performed or offered by the Operator, shall be governed by French law.
These Terms of trade were drafted in French. When they have been translated into any other language, only the French language version will be binding in case of dispute.
Article 11 : Clause of juridiction
The Dunkirk Commercial Court shall have sole jurisdiction in relation to claims and disputes of any nature relating to the formation of the contract or the performance of the services.