Article 5 – CLIENT OBLIGATIONS
The client is solely responsible for choices made regarding packing and packaging and must make sure that the goods are packaged, packed, marked or countermarked in accordance with the rules inherent to the transportation mode used and in a way that will withstand transport and/or storage under normal conditions, as well as the successive handling required during performance of the operations. The goods must not represent a hazard to service provider and/or its substitutes, environment, safety of the means of transport, other goods transported or stored, vehicles or third parties.
A clear label must be affixed to each parcel, object or load support to enable the shipper, consignee, to immediately and unambiguously identify place of delivery and nature of the goods. The labels must comply with all applicable regulations, in particular those regarding hazardous products and materials.
5.3. LEAD SEALING:
Once the loading operations have been completed, the trucks, semi-trailers, swap bodies and full containers are sealed with lead by the shipper itself or its representative.
When the goods are potted in the container and/or when the loading is done on the means of transport under the responsibility of the client, the stowage, lashing and securing must satisfy state of the art rules in a way that will withstand transportation.
The client is liable for the consequences of any lack, insufficiency or defectiveness in the packaging, packing, marking, labelling, stowing, lashing and securing of the goods.
5.6. DUTY OF INFORMATION
5.6.1. The client is liable for the consequences of any breach of its obligation to inform and declare the exact nature and characteristics of the goods if they require special provisions, in particular in view of their value and/or temptation of theft they may represent, their hazardousness or fragility.
5.6.2. This duty to provide information also applies to the declaration of the verified gross mass of a container in accordance with the SOLAS Convention.
Furthermore, the client expressly undertakes not to give the TLO and/or its substitutes illicit, prohibited goods and/or goods subject circulation prohibitions or restrictions The client alone will be liable, without recourse against the TLO, for any consequences of declarations or documents that are forged, incorrect, incomplete, not applicable or supplied late, including the information required to transmit any declarations required by the customs regulations, in particular in order to transport goods from and to third countries.
In the event of loss, damage or any other harm suffered by the goods or in the event of a delay, it is up to the consignee or the receiving agent to draw up a regular and sufficient report, express precise and justified reservations within the legal time limits and in general do everything required to maintain the right of recourse. It is up to goods interest to confirm the aforesaid reservations in the legal forms and within the legal time limits, failing which no claim can be made against the TLO or its substitute carriers.
5.8. CUSTOMS, SANITARY, TAX AND/OR INDIRECT CONTRIBUTION FORMALITIES AND COMPLIANCY WITH EXPORT AND IMPORT CONTROL RULES
Whatever the performance modalities of the services ordered by the client, the TLO carries out, in the name of the client, custom formalities and all other operations connected to the physical moving of goods and/or documentation operations on goods, on a direct representation basis in accordance with article 18 of the Union Code, and this even when there is no explicit mandate.
The client guarantees that all parties involved in the operations entrusted to the TLO and all related transactions on goods are authorised by the competent authorisations regarding customs and export/import control law and regulations.
The client must provide the TLO with all information and documents required to perform the services, mainly and without being limited to, information related to the choice of customs regime, customs origin, customs value and the tariff classification as well as any follow-up document or document required by a specific regulation concerning the imported, exported goods or goods that are placed under a specific customs or tax regime.
The TLO, if acting a registered customs representative, can request instructions from the client regarding the goods tariff classification. For all storage services rendered by the TLO, the client must provide all
information and documents necessary in establishing the origin, nature, quantity, detention and ownership of the goods stored on its behalf by the TLO, information that the TLO may have to disclose to the tax administration, when requested. The client is the sole responsible in the implementation of tax regulations and export and import control rules.
The client guarantees that all documents and information provided to the TLO are exact, complete, valid, and authentic.
The client is solely responsible for all the customs, sanitary, tax and indirect contributions operations carried out on its behalf. The client is the only debtor for any debts resulting from the above. In addition, the client holds the TLO harmless from any consequence entailed by failure to satisfy its obligations and resulting namely from its negligence and/or erroneous, incomplete, inapplicable or tardive information instruction and/or documents and/or information generally entailing liquidation or rights and/or additional taxes, fines, penalties, late payment interest, additional costs issued by the relevant administration or a freezing or seizure of goods by the relevant administration, this list not being exhaustive.
5.9. REFUND ON DELIVERY:
The stipulation of refund on delivery does not constitute a declaration of value or change the rules regarding compensation of losses and damage as defined by law and these General Terms of Sale.