Gimmick Malherbe (blanc)
Groupe Malherbe - Transport et logistique France et international
Customer area

General charter conditions

These general conditions of charter (hereinafter the “CGA”) are intended to govern the contractual relations between the Principal and the Subcontractor for the execution of an operation transport (hereinafter the “Service”).

The Principal is the company having entrusted the Service to the Subcontractor.

The Subcontractor is the company to which the Principal entrusts the performance of the service. The Subcontractor undertakes:

  • to carry it out at a freely agreed price to ensure fair remuneration for the service provided in accordance with article L. 3221-4 of the Transport Code;

  • to implement the physical and technical means as well as all the services necessary to ensure its complete completion, under its own responsibility, in accordance with the regulatory and legal provisions in force and in compliance with its commitments contractual with the Principal.

Les présentes CGA prévalent sur toutes autres conditions générales ou particulières émanant du Sous-traitant et n’autorisent qu’une négociation personnalisée.

MATERIEL : Le Sous-traitant s’engage à utiliser un véhicule en bon ordre de marche, de propreté, de présentation et d’entretien. Le véhicule devra être adapté au type de transport confié, être conforme à la règlementation en vigueur et disposer le cas échéant, des caractéristiques, équipements et accessoires requis dans la confirmation d’affrètement. En particulier le Sous-traitant contrôlera avant le début de la Prestation, l’étanchéité de son véhicule.

RESPECT DE LA REGLEMENTATION : Le Sous-traitant s’engage à respecter la réglementation sociale en vigueur et notamment celle liée aux temps de conduite et de repos.

La Prestation devra être réalisée dans le respect du droit applicable et en particulier de la règlementation routière et celle liée au transport de marchandises : respect du code la route, PTAC, PTRA, charge à l’essieu, vitesse

Le Sous-traitant devra veiller à ce que l’intégralité des documents obligatoires soient présents à l’intérieur de son véhicule et notamment ceux mentionnés à l’article R3411-13 du Code des transports.

Le Sous-traitant atteste effectuer la Prestation, en conformité avec les règles en matière de cabotage issues du Règlement CE 1072/2009 du 21 octobre 2009 modifié par règlement UE 2020/1055 du 15 juillet 2020/1055 et complété par les articles L. 3421-3 et suivants du Code des transports et une circulaire ministérielle du 21 juin 2010 :

  • Le cabotage doit être consécutif à un transport international. A ce titre le Sous-traitant devra conserver à bord la lettre de voiture du dernier transport international.

  • Le cabotage doit être réalisé dans un délai maximal de 7 jours à compter du dernier déchargement des marchandises du transport international précédent le cabotage.

  • le nombre de transport est limité à trois dans le délai prévu, chaque opération étant matérialisée par une lettre de voiture nationale ;

  • le véhicule réalisant les transports en cabotage doit avoir la même immatriculation que celui ayant réalisé le dernier transport international.

From February 21, 2022, a waiting period of 4 days between two cabotage periods must be respected.

Cabotage transport in a member state which is not the final destination of international transport can only be the subject of a single cabotage operation. This operation must be carried out within three days following entry empty into the national territory of this member state.

In the event of non-compliance with cabotage regulations, the Subcontractor faces a penalty of one year’s imprisonment and a fine of €15,000. To these main penalties may also be added a ban on international transport for a period of one year (Art. L. 3452-6 of the Transport Code).

The Principal gives itself the right to pass on to the Subcontractor all inherent costs, suffered by itself and by its own clients, linked to non-compliance with the conditions set out below. on it.

The charter confirmation and the CGA cannot under any circumstances lead the Subcontractor to deviate from the above-mentioned regulations. If the instructions given are incompatible with compliance with the regulations, the Subcontractor undertakes to immediately inform the Principal.

SAFETY – SECURITY : The Subcontractor’s driver must comply with the safety protocol applicable to loading and/or unloading sites in accordance with the decree of April 26, 1996 and articles R.4515-1 et seq. of the Labor Code. More generally, he is required to respect the safety rules in force in the places where he is required to work.

The Subcontractor undertakes to respect the prevention rules mentioned below as well as any specific rules mentioned in the charter confirmation.

The vehicle used must be equipped with anti-theft systems, that is to say any protection system preventing the vehicle from being moved or broken into.

When parking the vehicle, anti-theft devices must be implemented; the doors and doors of the vehicle must be locked, the windows fully raised and all other access points locked or locked or padlocked, no key must be left on board in the absence of the driver. The only installation of leads or seals does not meet these requirements.

Outre ces mesures, tout stationnement supérieur à deux heures devra être réalisé dans un endroit clos et gardienné, c’est-à-dire disposant d’une surveillance active et permanente du véhicule permettant de déceler toute tentative de vol et d’y faire face sans délai.

Pour les transports de marchandises sensibles un dispositif de protection complémentaire contre le vol doit être mis en place. Le stationnement, peu importe sa durée, doit obligatoirement être réalisé dans un endroit clos et gardienné.

ASSURANCE – RESPONSABILITE : Le Sous-traitant devra souscrire auprès d’une compagnie d’assurance notoirement solvable les polices d’assurances suivantes :

  • Contractual civil liability for a minimum coverage of €500,000;

  • General civil liability for a minimum coverage of €1,000,000;

  • Traffic civil liability

These insurance policies must cover all risks that may be incurred by him during actions or omissions on his part or by his staff in relation to the Service.

The Subcontractor is subject to an obligation of result and is responsible for the perfect execution of the Service.

The Subcontractor must compensate the Principal for any delay and any loss or damage suffered by the goods transported as well as for all consequences borne by the Principal as a result of poor performance of services.

The Subcontractor is liable for any bodily, material or immaterial damage caused to the Principal or a third party in the context of the performance of the Service.

The Subcontractor guarantees the Principal against any recourse or claims brought by a third party and which would be the consequence of a breach or an act of negligence on its part.

Compliance with instructions and deadlines: Transport deadlines as well as loading and delivery dates and times must be respected IMPERATIVELY. Any failure to comply with the instructions given could result in penalties; in addition, the Principal will be entitled to pass on to the Subcontractor the penalties invoiced by its clients.

In the event of it being impossible to attend loading or unloading operations, or in the event of a loading or apparent defect in the packaging, the Subcontractor must take the necessary precautions on the consignment note.

The Subcontractor must be provided with the necessary equipment for blocking and securing the goods. He must check, before his departure, that loading, securing and securing do not compromise the safety of traffic or the good conservation of the goods.

The Subcontractor undertakes to respect waiting times for loading and unloading. Unless otherwise stated in the charter confirmation, waiting times included in the price are two (2) hours for loading and two (2) hours for unloading.

The Subcontractor undertakes to inform the Principal without delay and to seek his instructions in the event of incidents, breakdowns, delays, refusal of goods, damage or any other problem occurring in Delivery course.

FAILURE OF THE SUBCONTRACTOR: In the event of failure of the Subcontractor, the Principal reserves the right to request reimbursement of the costs incurred and all costs and additional costs incurred to replace the defaulting Subcontractor, without prejudice to damages.

CANCELLATION OF TRANSPORT: In the event of cancellation of the service by the Principal before the loading day, the Subcontractor will not receive any compensation. A cancellation made on the same day of loading cannot give rise to compensation of more than 50% of the price of the service subject to the Subcontractor having to prove and justify its damage, except in cases of force majeure.

PALLETS: Pallets must be systematically returned within 10 calendar days. After this period, they will be invoiced to the carrier at the unit price of 18 Euros per pallet plus a 15 Euro non-refundable administration fee. This invoicing will be offset with the transport service invoice (or must be paid in cash by the Subcontractor.)

SUBCONTRACTING: The Subcontractor undertakes not to subcontract (or subcharter) all or part of the Service without the express prior agreement of the Service Provider. order.

For the Principal’s agreement to be validated, the Subcontractor must indicate the name of its chosen subcontractor and the transport price agreed with the subcontractor. Failing this, the subcontracting cannot under any circumstances be considered accepted and the subcontracting carrier will not be able to take direct action against the Principal or its client.

The Subcontractor must in any case indicate the capacity of commission agent of the Principal, any request in respect of the direct action of the subcontracting carrier must be made to the Client order and not with regard to its client.

In any event, the Subcontractor undertakes to prohibit, without possible derogation, any subcontracting carriers from using second-tier subcontracting.

In the event that the Subcontractor decides to subcontract the Service without the acceptance of the Principal, the price agreed with the Subcontractor will be the price of the actual transport carried out by the subcontractor carrier, without prejudice to any claim for damages due to the fault committed by the Subcontractor.

In any event, in the event that the Principal is obliged to pay the price of transport to the subcontracting carrier, approved or not, due to the failure of the Subcontractor dealing under direct action, a conventional compensation will be made between the claims of the Subcontractor and the claim obtained by our company on the latter as a result of the direct action. In this context, in the event that the Subcontractor has no claim against our company, the latter undertakes to accept the transport that our company will entrust to it until our claim is fully paid.

CORPORATE SOCIAL RESPONSIBILITY (CSR): Responsible purchasing requirements must be respected by the Subcontractor.

  • Human Rights and labor legislation:

    • The Subcontractor prohibits the use of the work of persons whose age is lower than that of the end of compulsory schooling in their jurisdiction, or who are in any case less than 15 years ;

    • The Subcontractor does not use forced, bonded or compulsory labor in any form or forms of modern slavery;

    • The Subcontractor must fight against all types of discrimination, in particular any discrimination linked to sex, age, origin, religion, political affiliation or employment status. disability;

    • The Subcontractor complies with all applicable local legislation and the provisions of applicable collective agreements, as well as with industry standards regarding fair remuneration, the minimum wage in force, working hours including overtime, break time and paid leave;

    • The Subcontractor undertakes not to resort to hidden work and to fulfill its obligations in terms of declarations to the administrative, social and tax authorities as provided for by the rules of countries in which it operates.

  • Health and safety: The Subcontractor must at least comply with the applicable regulations on health and safety at work and guarantee a safe and favorable working environment. health in order to preserve the safety and health of employees, to protect third parties and to prevent any accident, injury or occupational illness.

  • Business ethics:

    • The Subcontractor must carry out its activities while respecting the principles of fair commercial practices and free competition, and in compliance with ethical standards and applicable laws;

    • The Subcontractor undertakes to comply with all applicable anti-corruption laws and regulations, including without limitation the French “Sapin II” law;

    • The Subcontractor must not engage in or tolerate any form of corruption, bribery, extortion, theft, embezzlement or fraud;

    • The Subcontractor must immediately declare any real or potential conflict of interest linked to its activities with the Principal.

  • Sustainable development:

    • The Subcontractor complies with all applicable environmental laws, regulations and standards and implements an effective system to identify and eliminate any potential environmental risks;

    • The Processor shall take environmental and climate protection into account in their own business activities adequately, for example by setting climate protection targets and achieving them ;

    • The Principal expects from its Subcontractor an annual communication of its average diesel consumption and the distribution of its fleet (Euro Standard, alternative energies) via the following link: https://forms.office.com/e/99TNNptzE8

OUR “TRACK AND COM” SOLUTION FOR REAL-TIME DATA SHARING AND AUTOMATED TRACKING (WITH GEOFENCING)

In order to be able to perfectly satisfy the very specific and imperative demands of its customers (in terms of Tracking transport operations and Predicting arrival times), the Client has decided to strengthen its Tracking measurements in real time and to use the services of the company SHIPPEO to collect and monitor “in real time” “geolocalized” data on the transport operations entrusted to its Subcontractors and establish our strict compliance of our commitments to punctuality or to project (in the event of delay) the estimated time of arrival at the recipient.

Thus, the Subcontractor must:

  • have rolling stock equipped 100% with geolocation and remote communication means (SR with integrated tracker system, tractors or carriers with on-board IT) or suitable conductive mobile telephone equipment (smartphones geolocatable);

  • commit to giving SHIPPEO access to information (linked to its own resources allocated to each transport operation entrusted by the Principal) in order to enable it to operate Tracking in real time (via Geofencing) and the calculation of ETA (Expected Time of Arrival).

The efficient implementation of this SHIPPEO solution (supported by the Client) will make it possible to remove and replace the various current manual Monitoring and Tracking operations.

COUNTER REIMBURSEMENT: The stipulation of a counter-reimbursement in the charter confirmation implies, for the Subcontractor, the obligation to deliver the goods only against remittance to the Subcontractor of the corresponding sum. The Subcontractor must transmit the funds to the Principal within 8 working days by LRAR with accompanying slip.

In the event of delivery of the goods by the Subcontractor, without receiving in its hands the sum corresponding to the cash on delivery stipulation, or in the event of loss of this sum by the Subcontractor, the latter must compensate the Principal up to the sum he was responsible for recovering.

INCILLING: Invoices must be issued upon completion of the service. Invoices must be accompanied by proof of delivery: waybills, original delivery notes signed by the recipients and proof of payment from any subcontractors. If these elements are not communicated within 10 calendar days from the date of execution of the Service, the Client will be entitled to apply a penalty of 20% of the price of the Service.

GENERAL PROVISIONS: The fact of not claiming the application of one of the stipulations of the CGA or of acquiescing in its non-execution in a permanent or temporary manner, cannot be interpreted as a waiver of this right.

In the event that any of the stipulations of the CGA are declared null or deemed unwritten, all other stipulations will remain applicable.

The Principal and the Subcontractor exercise and will exercise their activities independently within the framework of the execution hereof.

The documents and information exchanged by the Principal and the Subcontractor as part of the negotiation and then the execution of the Services are strictly confidential.

The Principal and the Subcontractor elect domicile at the address of their respective head offices. Notices, notifications and communications will be regularly sent to the elected addresses of the Parties, or to any new address notified at least three (3) working days before the effective date of the change of address.

APPLICABLE LAW AND JURISDICTION CLAUSE: Relations between the Principal and the Subcontractor are governed by French law. In the event of a dispute or dispute, only the Courts of Coutances have jurisdiction, even in the event of multiple defendants or warranty claims.