Sales terms and conditions

CONDITIONS GENERALES POUR LA MANUTENTION ET LES ACTIVITES CONNEXES AU TERMINAL

Article 1 : Scope

These terms and conditions (hereinafter referred to as " CGV ") are intended to define the terms of implementation by KRIBI TERMINAL CONTAINERS which is the authorized dealer of a port terminal (hereinafter the " Service Provider ") Of all operations or services relating to loading, unloading, handling, receiving, checking, delivery on the means of evacuation of goods, depoting, transport in the port area or other activities Related, and in particular as a warehouseman or stevedore, (hereinafter" service delivered ") And govern its contractual relationship with the beneficiary of the Benefit.

These Terms may be modified without restriction or qualification or supplemented by special conditions. No special conditions or other general conditions emanating from the Customer may, unless expressly agreed by the Service Provider, prevail over these Terms and Conditions.

By contracting with the Service Provider, the Customer accepts, without any reservation, the present conditions which govern all of their contractual relations.

Article 2 : Definitions

To better understand these GTCS, the following definitions apply:

" Carrier » : means the issuer of the bills of lading relating to the Goods, whether it is the ship owner, the ship manager or the charterer of the ship.

" Captain » :the natural person controlling the ship.

" Client» :the party who contracts with the Service Provider, all of its agents and Service representatives, regardless of the quality in which the latter is brought to perform the Service. This may be without limitation and without distinction of the shipper of the goods, the consignee of the cargo, the maritime carrier or his agent, the forwarder ...

" Goods » :means the cargo of the ship, whether in the form of products, materials, equipment in container, conventional or bulk form, regardless of weight, size or volume.

" Party " or " Parties ": the Provider and / or the Customer.

" Terminal ": all the facilities and equipment of the Provider.

Article 3 : Pricing

Prices are calculated based on the information provided by the Customer, specially taking into account the Services to be rendered, the nature, weight and volume of the Goods entrusted and the pricing, laws and regulations in force. Prices may be modified or suspended at any time by any public authority. If the price is changed after being delivered to the Customer, the new price will be immediately applicable under the same conditions. It would be the same in case of any unforeseen event, resulting in particular from the modification of one of the elements of the service or the normal conditions of exploitation or execution. The prices do not include the duties, taxes, fees and taxes due under any regulation including tax or customs (such as excise, entry fees ...) or other incidental costs. Prices are available from the Service Provider in the form of a pricing list.

Article 4 : Bill payment

Invoices issued by the Service Provider are payable in cash when the Goods are withdrawn by the Customer, without discount, unless otherwise agreed by the Parties. The Customer is always responsible for their settlement.

Their payment is due regardless of the fate of the Merchandise. Settlements made by the Customer are primarily allocated to the non-privileged portion of the credits. The attribution or the unilateral compensation by the Customer of the amount of the damages and / or losses alleged on the price of the Services due is prohibited. The price of the Services must be paid in cash even in case of complaint from the Customer. Any delay in withdrawing of Goods automatically entails late payment interest at a rate equal to three and a half times of the legal interest rate in effect per day of delay until the day of withdrawal, without prejudice to the possible repair of any other damage that may result from this delay.

Article 5: Packaging of Goods and Customer Instruction

5.1. Packaging

The goods must be packaged, marked or countermarked, so as to support transportation and / or a storage operation performed under normal conditions, as well as the successive handling operations that necessarily occur during the course of these operations. The Goods shall not constitute a cause of danger to the driving or handling personnel, the environment, the safety of the transport units, other goods transported or stored, vehicles whether they are land, sea or air, or any other person. In case the Customer entrusts to the Provider Goods breaching the aforementioned provisions, they will be handled at the risk of the Client and under discharge of any liability of the Provider.

5.2. Duty of disclosure

The Customer must give the necessary and precise instructions and information in due time to the Service Provider for the performance of the Services. The Customer is liable for all the consequences of an absence, insufficiency or defectiveness of the packaging, marking or labeling, as well as a breach of the obligation to inform and declare the nature and all the particularities, especially number, weight, state, dangerousness, special precautions for the handling, temperature of maintenance, etc. of goods. The Customer alone bears the consequences, whatever they may be, resulting from statements or documents that are erroneous, incomplete, inapplicable, or provided late. The Customer undertakes that the Goods are not unlawful or prohibited. The Service Provider is not required to check the documents and information provided by the Customer.

Article 6 : Customer’s Duties

In case of loss, or damage suffered by the Goods during carriage by sea, or in case of delay, it is the Customer's responsibility to proceed with the Carrier or his representative, or with the shipper of the Goods, to regular and sufficient findings, to take reasoned reservations and in general to perform all acts relevant to the maintenance of remedies and to confirm those reservations in the form and within the time-limits prescribed by law. If the aforementioned diligences are not carried out by the Customer, no action in liability may be exercised against the Service Provider and / or his substitutes. The Customer warrants that the containers designated for export are all marked "gross mass verified" in accordance with applicable law.

Article 7: Goods Insurance

The Customer, who covers the transport risks himself, must inform his insurers that they will be able to claim against the Service Provider only within the limits specified in Article 9 below. A certificate of insurance will be issued by the Client at the request of the Service Provider.

Article 8: Stay and Removal of Goods

Until the collection of Goods by the receiver, and within the legal period of seven (07) days of import and six (06) of export, the Service Provider will keep them with ordinary diligence. For refrigerated containers, the Service Provider is released from any liability for damage caused by a voltage drop, electrical power failure or any other incident in the power supply occurring between the date of unloading and the date of removal of the container by the customer. At the end of these deadlines, and if the Goods are not removed by the appropriate person or if no delivery instructions are communicated by the Customer and accepted by the Service Provider, parking fees will be applied. The amount of fees is indicated in the fee schedule available from the Service Provider. In addition, at the end of a period of fifteen (15) days from their access to the Terminal, the Goods will automatically be constituted in customs depot at the expense of the Customer and at his own risk. In case of refusal of the Goods by the Customer, as in case of default of the latter for any reason whatsoever, all the initial and additional costs due and incurred on behalf of the goods will remain the responsibility of the Customer. Abandoned refrigerated containers: the Customer must ensure that the delivery of all refrigerated containers unloaded on the terminal takes place within 90 days of unloading. Any refrigerated container more than 90 days after unloading will be deemed abandoned and the customer must evacuate the container immediately. All charges for this container will be paid immediately by the Customer. If the Customer cannot evacuate the refrigerated container after 90 days, the Service Provider reserves the right to evacuate the container on behalf of the Customer (the Customer authorizes the terminal to evacuate the container on his behalf). All costs accumulated during the evacuation, including the cost of destruction of the cargo will be reimbursed by the Customer.

Article 9 : Liability

The Service Provider performs its duties in accordance with the applicable laws and regulations as defined in Article 14. The Provider is liable only for damages and / or losses that are the direct consequence of his proven fault and provided that specific and motivated reserves were taken in the legal deadlines and that the damage and / or losses were found contradictorily. In a case where the liability of the Service Provider is engaged, it would be strictly limited in the following terms, whatever the nature of the damages and / or losses:

9.1. Liability because of substituted

The liability of the Service Provider in case of fault of his substitutes is limited to that incurred by his substitutes in the context of the operation entrusted to him. When the indemnification limits of intermediaries or substitutes are not known or are not the result of mandatory or legal provisions, they are deemed identical to those of the Service Provider, as set out in Article 9.2.

9.2. Liability for his own personal deeds

The liability of the Provider sought for his personal deed is limited in the following terms:

9.2.1. Losses and damage of Goods

For losses and damages of goods, attributable to the Service Provided by the Provider and for all consequences that may result, the liability of the Provider is strictly limited to 1,845 FCFA (one thousand eight hundred and forty-five CFA francs) per kilogram of gross weight of Goods lost or damaged, or CFAF 613,785 (six hundred and thirteen thousand, seven hundred and eighty-five CFA francs) per package or unit, whichever is the higher. The liability of the Service Provider will be excluded because of the harmful consequences caused by the Customer or any party entitled to the shipment, the defect specific to the Goods or the inadequacy of its packaging.

For losses and damages of goods, attributable to the Service Provided by the Provider and for all consequences that may result, the liability of the Provider is strictly limited to 1,845 FCFA (one thousand eight hundred and forty-five CFA francs) per kilogram of gross weight of Goods lost or damaged, or CFAF 613,785 (six hundred and thirteen thousand, seven hundred and eighty-five CFA francs) per package or unit, whichever is the higher. The liability of the Service Provider will be excluded because of the harmful consequences caused by the Customer or any party entitled to the shipment, the defect specific to the Goods or the inadequacy of its packaging.

For all other damages and in particular those caused by a delay in the performance of Service, the liability of the Service Provider is limited to the price of the Service in question with a maximum of 5,234,858 FCFA (five million two hundred and thirty-four thousand, eight hundred and fifty-eight francs CFA). The liability of the Service Provider, whatever the quality in which it intervened, cannot be sought for the damages resulting from the delay of carrying out the Service, whatever it is, only on the condition that a mandatory date of performance of the Service has been expressly requested by the Client and accepted by the Service Provider.

9.3. Intangible damage

The Service Provider and the Customer shall each be responsible for the consequences of any direct or indirect immaterial damage that they may incur in the performance of their obligations under the Services, regardless of who performs the immaterial damages. As a result, the Parties and their respective insurers waive to any recourse for such immaterial damages.

9.5. Compensation Limits Share

Lorsque des dommages subis par les Marchandises et/ou le matériel mis à disposition par le Client ou par des tiers, donnent lieu à plusieurs réclamations, la responsabilité du Prestataire est limitée à la somme totale de 45.805.011 FCFA (quarante-cinq millions huit cent cinq mille onze francs CFA) quel que soit le nombre de parties lésées.

The compensation limits set out in this article do not prevent the application of legal or regulatory provisions that are more favorable to the Service Provider. In the case of stevedoring or handling services, the compensation limits set out in this article shall also not impede the application of the limits of indemnity provided for in the bill of lading which would be more favorable to the Service Provider.

Les limites d’indemnisation énoncées par le présent article ne font pas obstacle à l’application de dispositions légales ou règlementaires plus favorables au Prestataire. Dans le cadre de prestations d’acconage ou de manutention, les limites d’indemnisation énoncées par le présent article ne font pas non plus obstacle à l’application des limites d’indemnité prévues par le connaissement qui seraient plus favorables au Prestataire.

Article 10: Conventional Warranty

The Customer expressly acknowledges the right of the Service Provider to refrain from performing any services (in part or in full) on his behalf, because of the claims (invoices, interest, costs incurred, etc.) that the Provider holds against him, even before or outside the operations carried out with regard to the goods already in his hands or those which are intended to pass in his hands.

Article 11: Security

Notwithstanding any stipulation to the contrary, the Service Provider may implement at any time any action aimed at preserving the security of the goods and persons or the integrity of the Terminal, or at guaranteeing the performance of its legal or regulatory obligations, including any action having as a consequence an adjustment or an interruption of the service provided to the Customer, subject to non-discriminatory treatment of Terminal users, in compliance with the legal and regulatory provisions in force. The Service Provider may in particular notify the Customer, by any means, of the operational instructions, which the Customer undertakes to respect and if necessary to enforce by the Carrier and the Captain. In such circumstances, the Customer cannot claim any compensation from the Service Provider or its insurers for the consequences of a reduction or an interruption of the unloading or the output of the Terminal.

Article 12: Exclusion of Liability and Force Majeure

The liability of the Service Provider shall in any case be excluded in case of force majeure which are defined as any event not handled by the Provider, unpredictable and insurmountable, such as the events below. This list being only enumerative and non-limiting: natural disaster, earthquake, volcanic eruption, typhoon, fire, explosions and floods, dangerous climatic or nautical conditions, riots, declared or undeclared war, civil unrest, acts of terrorism or sabotage, looting, theft, requisition, destruction by order of governments or any other public authorities, embargos, epidemic, handling workers’ strike, any work stoppage in the ports and transport companies subcontractors or not, made of a public authority, loss of administrative authorizations necessary for the operation of the Terminal (building permit, authorization to exploit), proclamations, prohibitions, prohibitions to import, export, or transit goods, consequences of laws, regulations, circulars and all other administrative acts emanating from a public authority. The occurrence of a Force Majeure event does not relieve the Client of paying obligations. The Contract will be suspended for the duration of this event. If the duration of a case of Force Majeure should exceed two (2) months from the day the Service Provider becomes aware of the event, the Contract may be terminated by the Service Provider without notice or compensation.

Article 13: Prescription

All actions to which the Contract between the Parties may generate shall be prescribed within a period of two years from the date on which the Contract was executed.

Article 14: Cancellation - Invalidity

In case any provision of these terms and conditions is declared void or deemed unwritten, all other provisions remain applicable.

Article 15: Applicable Law - Assignment of Jurisdiction

Any dispute or dispute between the Parties relating to the existence, validity, interpretation and performance of these shall be subject to the law of the registered office of the Provider and shall be brought before the Court of the registered office of the Provider, which shall be exclusively competent to know, even in case of plurality of defendants or calls in warranty.