Terms & Conditions

Forwarding Logistic & Shipping îdF is a certified Logitics Provider and Ocean Carrier Agent. Thus, we operates under the Terms and Conditions of TLF : « Transport et Logistique France ». Please find herunder these Terms & Conditions that we have made ours through years of experience.


The purpose of these general conditions is to govern the contractual relationship between a principal and a
«Transport and/or Logistics Operator». This term refers to carriers, freight forwarders, registered customs representatives, warehousekeepers, handlers and their substitutes, hereinafter referred to as the TLO for any
commitment or operation whatsoever in connection with the physical movement, by any means of transport, and/
or the physical or legal management of stocks and flows of any goods, whether packaged or not, from any source
and for any destination and/or in connection with the management of any flow of information, whether material
or dematerialised.
The definitions of the terms and concepts used in these general terms and conditions are those of the laws and
standard contracts, where they exist, in force in France. The «Parties» refer to both the TLO and the principal.


2.1 – Prices are calculated based on information provided by the principal, taking into account the services to be
performed, the nature, weight and volume of the goods to be transported and the routes to be taken.
Quotations are based on the currency rate and the price of the fuel and powertrain technologies at the time the
quotation is provided. They are also based on the conditions and tariffs of the substitutes as well as the laws,
regulations and international conventions in force. If one or more of these basic elements, including the price of
the fuel and powertrain technologies, were to be modified after the quotation was provided, including by the TLO’s
substitutes, in a manner that could enforceable against the TLO, and on proof provided by the latter, the prices
originally given would be modified under the same conditions. The same shall apply in the event of an unforeseen
event of any kind, leading, in particular, to a modification of one of the elements of the service.
2.2 – Prices do not include duties, taxes, fees and levies due in application of any regulation, particularly fiscal or
2.3 – The prices initially agreed are renegotiated at least once a year.


3.1 – It is the responsibility of the principal to ensure that he/she is fully indemnified in the event of a dispute, taking
into account the applicable legal or conventional limitations of liability.
3.2 – The TLO shall not insure the goods without a written order from the principal specific to each shipment,
specifying the risks to be covered and the values to be guaranteed.
Acting in this specific case as an agent, the TLO can in no way be considered an insurer.
If such an order is given, the TLO, acting on behalf of the principal, shall take out insurance with an insurance
company that is known to be solvent at the time of cover. In the absence of a precise specification, only ordinary
risks shall be insured. The TLO must indicate the name of the insurance company to the principal and send him
the insurance certificate at his request.


4.1 – The departure and arrival dates of the goods and/or the announced dates for the performance of related
services, whether or not they are linked to physical flows, which may be communicated by the TLO, are given for
information purposes only and may in no way engage its personal responsibility or that of the guarantor.
4.2 – The principal is obliged to provide the TLO with the necessary and precise instructions, information and
documents in good time for the execution of the transport services and ancillary services and/or logistics services.
4.3 – The TLO does not have to check the documents provided by the principal.
4.4 – The TLO who incurs costs in the interest of the goods, to prevent or limit damage, shall be fully compensated.
Likewise, the costs paid by the TLO on behalf of the goods – demurrage, detentions and all advances of costs
which were unknown at the time of quotation – shall be borne by the principal. If the consignee fails to take delivery
of the goods for any reason whatsoever, the costs resulting directly and/or indirectly from this shall be borne in
full by the principal.


5.1 – PACKAGING : The principal is solely responsible for the choice of packaging and must ensure that the
goods are packaged, wrapped, marked or countermarked in accordance with the rules of the means of transport
used and in such a way as to withstand transport and/or storage operations carried out under normal conditions,
as well as the successive handling that necessarily takes place during the course of these operations. It must not
constitute a cause of danger for the staff of the service provider and/or his substitutes, the environment, the safety
of the transport equipment, the other goods transported or stored, the vehicles or third parties.
5.2 – LABELLING : Each package, object or load carrier must be clearly labelled to allow immediate and unambiguous identification of the shipper, the consignee, the place of delivery and the nature of the goods.
Labelling must comply with all applicable regulations, including those relating to dangerous products and
5.3 – SEALING : Trucks, semi-trailers, swap bodies and full containers are sealed by the loader himself or his
representative once the loading operations have been completed.
5.4 – STOWAGE/SECURING/SEIZING : When the goods are stuffed into containers and/or loaded onto transport
equipment under the responsibility of the customer, the stowage, securing and lashing must be carried out in
accordance with the rules of the trade so as to withstand the risks of transport and, in particular, the various bulk
5.5 – LIABILITY : The principal shall be liable for all the consequences of the absence, insufficiency, defect or
unsuitability of the packaging, wrapping, marking or labelling, stowage, securing and wedging of the goods.
5.6.1 – The principal is liable for all the consequences of a failure to comply with the obligation to inform and
declare the exact nature and specificity of the goods. This obligation to declare must respect the special provisions
taking into account the value of the goods and/or the covetousness they are likely to arouse, their dangerousness
or fragility.
5.6.2 – This information obligation also applies to the declaration of the verified gross mass of a container in
accordance with the SOLAS Convention. Furthermore, the principal expressly undertakes not to hand over to the
TLO and/or its substitutes any goods that are illegal, prohibited, subject to a ban or restriction on movement and/
or involving the transport of stowaways.
The principal alone shall bear, without recourse against the TLO, all the consequences resulting from falsified,
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 transport of goods from or to
third countries. These declaration requirements apply regardless of the physical or electronic format. They also
apply to communications and data of any kind provided by the principal to perform the agreed service.
5.7 – RESERVATIONS : In the event of loss, damage or any other damage suffered by the goods or in the event
of delay, it is the responsibility of the consignee or the receiver to make regular and sufficient observations, to take
precise and reasoned reservations within the legal time limits and, in general, to carry out all acts useful for the
preservation of recourse. It is the responsibility of the cargo interests to confirm said reservations in the legal form
and timeframe, failing which no action may be taken against the TLO or its substitutes.
IMPORT CONTROL RULES : Regardless of the manner in which the services ordered by the principal are carried
out, the TLO carries out the customs formalities and all related acts in the name and on behalf of the principal,
in connection with the physical movement and/or documentary operations of the goods, within the framework of
direct representation, in accordance with Article 18 of the European Union Customs Code, even in the absence
of an express mandate.
The principal guarantees that all parties involved in the operations entrusted to the TLO and all transactions
relating to the goods are authorised by the competent authorities under the laws and regulations on customs and
export and import control.
The principal is obliged to provide the TLO as soon as possible with all the information and documents necessary
for the performance of the services, in particular, and without this list being exhaustive, the information relating
to the choice of customs procedure, the customs origin, the customs value, the tariff classification of the goods
as well as any monitoring document or document required under a specific regulation concerning the imported or
exported goods or goods placed under a specific customs or tax procedure.
With regard to storage services provided by the TLO, the principal is also required to provide all the information
and documents necessary to establish the origin, nature, quantity, holding and ownership of the goods stored
on his behalf by the TLO, which the latter may be obligated to communicate to the tax authorities at the latter’s
request. The principal remains solely responsible for the implementation of tax regulations and the control of
exports and imports.
The principal undertakes to ensure that all information and documents provided to the TLO are accurate,
complete, valid and genuine.
The principal remains responsible for customs, sanitary, fiscal or indirect tax operations carried out in his name and
on his behalf. He is the sole debtor of the debt that may result from them. Furthermore, the principal shall indemnify
the customs representative against all financial consequences arising from his negligence and/or instructions
and/or information and/or documents that are erroneous, incomplete, inapplicable or provided late, resulting in a
general way in the assessment of additional duties and/or taxes, fines, penalties, default interest, additional costs
issued by the administration concerned or in the blocking or seizure of the goods by the administration concerned,
without this list being limitative
5.9 – CASH ON DELIVERY : The stipulation of cash on delivery does not constitute a declaration of value and
therefore does not alter the rules for compensation for loss and damage as defined by law and by these general


In the event of proven, direct and foreseeable damage attributable to the TLO, the TLO shall only be liable
for damages that could have been foreseen at the time of the conclusion of the contract and which only
include what is an immediate and direct consequence of the non-performance within the meaning of
Articles 1231-3 and 1231-4 of the Civil Code. These damages may in no case exceed the amounts stipulated in these general conditions.
6.1 – SUBSTITUTE LIABILITY : The TLO’s liability is limited to the one incurred by the substitute (carrier, handler,
forwarder, commission agent, registered customs representative, intermediary, warehouse keeper or any other service provider for whom he owes a guarantee) in the context of the operation entrusted to him. When the limits
of compensation of the substitute are not known, do not exist or do not result from imperative legal or regulatory
provisions, they are deemed to be identical to those relating to the TLO’s personal liability.
6.2 – PERSONAL LIABILITY OF THE TLO : Apart from the case where the TLO acts as a carrier and is, as
such, subject to the limitations of the standard contracts applicable to national transport and to that of the Geneva
Convention of 19 May 1956, known as the «CMR» in international transport, in the event of loss or damage, the
compensation due by the TLO is strictly limited to €20 per kilogram of gross weight of the missing or damaged
goods without being able to exceed, whatever the weight, volume, dimensions, nature or value of the goods
concerned, a sum greater than the product of the gross weight of the goods expressed in tonnes multiplied by
€5,000, with a maximum of €60,000 per event.
6.3 – OTHER DAMAGE : For all other proven damages, including in the event of a delay in delivery, for which the
TLO may be held liable on any grounds whatsoever, the compensation due by the TLO is strictly limited and may
not under any circumstances exceed the price of the service provided for in the contract (excluding duties, taxes
and miscellaneous expenses). This compensation may not exceed the maximum limits of the TLO’s liability in the
event of personal liability.
for any customs, tax and/or indirect tax operation, whether carried out by itself or by its subcontractors, may not
exceed the sum of €3,000 per customs declaration, without being able to exceed €30,000 per year of adjustment
and, in any event, €60,000 per adjustment notification.
6.5 – QUOTATIONS : All quotations given, all specific price quotations provided, as well as the general tariffs are
drawn up and/or published taking into account the limitations of liability of the TLO.
6.6 – DECLARATION OF VALUE OR INSURANCE : The principal may at any time make a declaration of value
which, if determined by him and accepted by the TLO, shall have the effect of substituting the amount of this
declaration for the compensation limits indicated in these general conditions. This declaration of value will result in
a price supplement. The instructions must be renewed for each operation.
6.7 – SPECIAL INTEREST IN DELIVERY : The principal may always make a declaration of special interest in
delivery which, if determined by the principal and accepted by the TLO, shall have the effect of substituting the
amount of this declaration for the compensation limits in the event of delay. This declaration will lead to a price
supplement. The instructions must be renewed for each operation.
6.8 – CYBER RISK EXCLUSION CLAUSE : These terms and conditions exclude any loss, damage, liability,
costs or expenses of any nature whatsoever resulting, directly or indirectly, from a cyber-attack or attempted
cyber-attack on the TLO or its substitutes, regardless of the source, and in particular if this prevents it from performing its services.
In particular, the principal acknowledges that, despite all the precautions that may be taken by the TLO, electronic
transmissions of information and data may contain viruses or malicious intrusions and that, in this respect, the TLO
may not be held liable in the event of damage suffered.


7.1 – Services are payable outright upon receipt of the invoice, without discount, at the place of issue of the invoice
and, in any event, within a period that may not exceed thirty (30) days from the date of issue in accordance with
Article L.441-11 of the Commercial Code. The principal shall always be liable for payment. In accordance with
Article 1344 of the Civil Code, the debtor shall be deemed to have been given notice to pay by the mere fact that
the obligation is due.
7.2 – The unilateral compensation of the amount of the alleged damages on the price of the services due to the
TLO is forbidden.
7.3 – Any delay in payment shall automatically lead to the payment of interest on arrears on the day following the
date of payment shown on the invoice, in accordance with the terms and conditions defined by Article L.441-10 of
the French Commercial Code.
7.4 – Any partial payment will be charged first to the non-preferential part of the claim.
7.5 – In the event of a payment term arrangement, failure to meet a deadline shall automatically and without formality result in the forfeiture of the term, unless proof of force majeure is provided.
7.6 – All costs incurred by the TLO as a result of the late cancellation of an instruction given by the principal shall
be passed on to the principal in full.


Regardless of the capacity in which the TLO acts, the principal expressly recognises that the TLO has a contractual right of retention, enforceable against all, and a contractual right of pledge on all goods, securities and documents in the possession of the TLO, as security for all claims that the TLO has against it, even prior to or unrelated
to the operations carried out for the goods, securities and documents that are actually in its hands.


9.1 – ACTION AGAINST THE TLO : All actions to which the contract concluded between the parties may give
rise, whether for the main services or ancillary to an action against the TLO, are time-barred within a period of
one year from the performance of the service in dispute in the said contract and, in the case of duties and taxes
recovered a posteriori, from the date of communication to the debtor of the amount of these duties and taxes by
the administration concerned.
9.2 – ACTION AT THE INITIATIVE OF THE TLO : Regardless of the nature of its services, the TLO has a minimum
period of three (3) months to take recourse action against its principal.


10.1 – In the event of an established commercial relationship, either Party may terminate it at any time by sending
a registered letter with acknowledgement of receipt, subject to the following notice periods:
– one (1) month when the duration of the relationship is less than or equal to six (6) months;
– two (2) months when the duration of the relationship is more than six (6) months and less than or equal to one
(1) year;
– three (3) months when the duration of the relationship is more than one (1) year and less than or equal to three
(3) years;
– four (4) months when the duration of the relationship exceeds three (3) years, plus one (1) week for each full year
of commercial relations, without exceeding a maximum duration of six (6) months.
10.2 – During the notice period, the Parties undertake to maintain the economy of the contract.
10.3 – In the event of serious or repeated proven breaches by one of the Parties of its commitments and obligations, the other Party is obligated to send it a formal notice with reasons by registered letter with acknowledgement
of receipt. If this remains without effect within a period of fifteen (15) days, during which the Parties may attempt to
reach an agreement, the Party initiating the formal notice may definitively terminate the contract, without notice or
compensation, by registered letter with acknowledgement of receipt, noting the failure of the attempt at negotiation.
10.4 – At the end of this period of fifteen (15) days without effect, the other Party may terminate the contract without
notice or compensation by sending a registered letter with acknowledgement of receipt.


In the event that any of the provisions of these general terms and conditions are declared null and void or deemed
unwritten, all other provisions shall remain applicable.


The Parties undertake to comply with French and European regulations on data protection.
The Parties undertake to take all necessary measures to ensure that the collection and processing of personal
data comply with the applicable provisions. In this respect, each Party guarantees to respect the right of access,
rectification, limitation, portability, removal and opposition of personal data.


The Parties shall comply with regulations on competition, financial transparency, prevention of conflicts of interest
and corruption.
13.1 – The Parties undertake, both for themselves and for their employees, to comply with all internal procedures,
laws, regulations and applicable international and local standards relating to the fight against corruption and
money laundering.
Each of the Parties warrants that neither it nor any of its servants has given or will give any offer, remuneration,
payment or benefit of any kind whatsoever which constitutes or may constitute or facilitate an act or attempt of
13.2 – The Parties undertake, on the one hand, to inform each other without delay of any element that may come
to their knowledge that may entail their responsibility under this article and, on the other hand, to provide any assistance necessary to respond to a request from a duly authorised authority relating to the fight against corruption.
13.3 – Any failure by the principal to comply with the stipulations of this article shall be considered as a serious
breach allowing the TLO to terminate their relationship without notice or compensation of any kind.
13.4 – In the event that the TLO is subject to a sanction under national, European and/or international regulations,
it cannot be held liable in the event that it is no longer able to fulfil its contractual obligations.
13.5 – The principal expressly declares that he is not subject to any national, European or international sanctions.


14.1 – The TLO’s special conditions agreed with the principal shall take precedence over the Parties’ general
14.2 – If the TLO’s special conditions are silent, these general conditions shall apply. They shall prevail over any
other general or special conditions issued by the principal.
14.3 – For matters not covered by these general conditions or by the TLO’s special conditions and for which a
standard contract exists, the provisions of the latter shall apply.


15.1 – PRIOR MEDIATION : Prior to any litigation, in particular in the event of breach of contract, the Parties
are encouraged to attempt to resolve their differences amicably by referring them to a mediator, at the
initiative of the most diligent Party. The costs of mediation shall be borne equally by each of the Parties.
15.2 – JURISDICTION CLAUSE : In the event of a dispute or contestation, only the commercial court of the
TLO’s main French establishment is competent to hear the case.

This concludes our Terms & Conditions (issued by TLF), to read our Principal’sTerms & Conditions, please click on this link.