Terms and conditions of use and sale https://www.mti-express.fr/
Any commitment or operation whatsoever with MTI Express implies the client's unreserved acceptance of and full compliance with these General Terms and Conditions of Sale, which take precedence over any other document issued by the client. Unless otherwise stipulated in writing and accepted by our company, our services are provided in accordance with the general conditions of the profession: standard transport contract and the conditions set out below.
Article 1 - Confidentiality
Studies, quotations and documents submitted or sent by us remain our property. They may not be communicated to third parties for any reason whatsoever and are valid for 1 month after transmission by e-mail.
Article 2 - Price of services
Prices are calculated on the basis of information supplied by the customer, taking into account the services to be provided, the nature, weight and volume of the goods to be transported, and changes in the price of raw materials (diesel, etc.).
Article 3 - Ordering
Transport orders are accepted by telephone and e-mail, in accordance with current industry practice. In the event of a dispute, the absence of a written order cannot be invoked against us; only the delivery note or the consignment note signed by the consignee are authentic and presume the will of the sender.
Article 4 - Insurance
For a surcharge to be agreed, our customers may declare a higher value exceeding the above limits, in which case the declared amount will be substituted for this limit. Rate: fixed fee of €15 up to €10,000, then 0.25% of the value up to a maximum of €100,000. Beyond that, please consult us.
Article 5 - Right of lien
Regardless of the capacity in which we act, customers expressly grant us a general and permanent right of retention on all goods handed over to us, as a guarantee for payment of all claims (invoices, interest, costs incurred, etc.) we have against them, even those which predate or are unrelated to the operations carried out on the said goods.
Article 6 - Duration of the employment contract
In the case of a continuing relationship for an indefinite period, either party may terminate the relationship by sending a registered letter with acknowledgement of receipt, subject to a period of notice starting on the date of dispatch and calculated as follows:
- 1 month if the relationship lasts 6 months or less
- 2 months when the duration of the relationship is equal to or greater than 1 year
- 6 months when the duration of the relationship is greater than 1 year and less than 3 years
- 9 months when the duration of the relationship is equal to or greater than 3 years
Article 7 - Disputes
- Loss and damage:
A distinction is made between visible loss and damage: these must be mentioned at the time of delivery, failing which no claim will be accepted; and non-visible loss and damage: in accordance with article 105 of the French Commercial Code, claims may be lodged on the delivery note. After this period, or without recorded delivery with acknowledgement of receipt, if reservations are stipulated, our invoices will be payable in full without any possible recourse on the part of the consignee or shipper. - Delay:
In the event that the goods entrusted to us for transport are delivered later than agreed with the shipper or consignee, our liability may only be invoked if one of the aforementioned parties can prove that a real order has been placed as a result of the delay. In any event, the compensation due may not exceed the price of the transport invoiced. Furthermore, we decline all responsibility in the event of delays due to force majeure (weather conditions, roadblocks, strikes, etc.).
Article 8 - Payment
- Deadline:
Payment for our services is due in cash... Acceptance of transport is the triggering event for invoicing. - Method of payment:
Our company accepts payment by cheque and bank transfer according to the due date indicated at the bottom of the invoice, but without exceeding 30 days net date of invoice.
Discount conditions for early payment. No discount will be granted. - Non-payment
In the event of non-payment by the date specified on our invoices, all sums due, whether overdue or not, become immediately payable. Penalties for late payment will be calculated by applying an interest rate equal to three times the legal interest rate to all outstanding sums, plus an indemnity for collection costs of €40.
In the event that our debt should be subject to contentious collection (bailiff, lawyer or collection agency), in addition to the provisions of the preceding paragraph, an indemnity of 10% will be due by way of penalty clause, without the need for prior formal notice of any kind.
Article 9 - Competent court
In the event of litigation or dispute, the Versailles Commercial Court shall have sole jurisdiction, even in the event of multiple defendants or the introduction of third parties.
