General Conditions

Article 1 : Service's price

1.1 - General provisions :

Les prix sont calculés sur la base des informations fournies par le client, en tenant compte notamment des prestations à effectuer, de la nature, du poids et du volume de la marchandise à transporter ou à stocker. Les conditions au moment où elles sont données, sont fonction du taux des devises, des conditions et des tarifs des substitués (ferries, shuttle, tractions ferroviaires, etc.) et infrastructures (tunnels, péages d'autoroutes, etc.), des lois, règlements et conventions internationales en vigueur, ainsi que des différentes charges de LGL Transport (carburant, salaires et charges, entretien, baux, assurances, etc.). En cas de variation significative de l’un ou plusieurs de ces éléments précédemment cités LGL Transport se réserve la possibilité de modifier les prix donnés antérieurement. Il en serait de même en cas de tout évènement imprévu entraînant notamment la modification des parcours de transport prévus. Les prix ne comprennent pas les droits, taxes, redevances et impôts dus en application de toute réglementation notamment fiscale ou douanière (droit d'entrée, timbres, etc.).

1.2 - Dispositions spécifiques de transport :

The price of transport is readjusted monthly according to the evolution the price of fuel, and the weight of this item in the cost price. Concerning the evolution of the price of fuel, the reference index chosen is the diesel price index excluding VAT, average monthly price per tank, published by the CNR (national committee road) at the following address www.cnr.fr The elements constituting the price of the service are confidential. As such, LGL Transport reserves the right to communicate or not these elements to the customer who, in any case, undertakes not to communicate them or disclose to third parties and to take the necessary measures to ensure that its employees or substitutes respect the character confidentiality of this information. In the event of immobilization of the vehicle loading and/or unloading, the customer will pay LGL Transport as compensation, the costs of immobilization, the rate of which cannot be lower at 50 (fifty) euros excluding taxes per quarter hour of immobilization or of waiting performed beyond a loading/unloading time regulation maximum of two hours. In the event of failure in delivery of the total or partial sending by the customer and of proven damage by LGL Transport, the customer will be entitled to claim compensation maximum equal to the cost of transport.

Article 2 : Instructions

The customer is required to give LGL Transport in due time and in any condition at the latest at the time of ordering, all instructions The Court of First Instance held that the Court of First Instance had no jurisdiction to determine whether the Court of First Instance was entitled to rule that the Court of First Instance was entitled to rule that the Court of First Instance was not entitled to rule that the Court of First Instance was not entitled to rule that provision. These instructions concern Quantity, quality and content of packages, their gross weight, their dimensions, information about securing the goods and any other relevant information relating to the performance of the service. Lack of instructions or incorrect instructions and/or unworkable, LGL Transport will act wisely, according to the best Client’s best interests, and within their capabilities. the framework of an ADR transport (European agreement on transport international dangerous goods by road), the customer is required to provide all the information provided for in that regulation. Verification of the documents relating to the goods supplied by the customer is not the responsibility of LGL Transport. In case of dispute, absence, the inadequacy or imprecision of the information provided by the customer, constitutes a cause of exemption from LGL’s liability Transport. Unless otherwise agreed in writing, the customer must advance to LGL

Article 3 : Weighing, loading, cushioning, stowing, unloading, packing

Regardless of vehicle type, weighing, loading, cushioning and the shipper is responsible for the damage to the goods resulting from their poor design or execution. The customer is the only one overseer loading the goods and closing the vehicle (sealed) of so that no illegal immigrant can enter the vehicle during loading only during transport. The driver does not perform loading and/or unloading services unless the sender and/or consignee make the written request in advance to LGL Transport. LGL Transport is not required to verify the completeness and conformity of the packaging of the goods It has been entrusted for shipping and/or transport and is not responsible for damage of any kind suffered by the goods not Improperly or improperly packaged or packaged deliver packaged and marked goods to LGL Transport In any case, it is appropriate and in accordance with commercial practice. In particular, the customer is required to mark the goods with labels allowing easy and clear identification of nature and characteristics

Article 4 : choice of vehicle

The customer assumes full responsibility for the choice of vehicle type and its consequences, taking into account the conditions of loading, unloading and the nature of the goods. In the absence of any indication from the customer in the order of transport, either at the latest within 48 hours before the goods are taken over, the choice of vehicle is at the sole discretion of LGL Transport under the responsibility of the customer.

Article 5 : Liability & compensation

5.1 - Responsability

A - Definitions :

For the purposes of these general conditions, the following terms are defined: as follows:

• -  “Shipment”: all goods, packaged or not, actually made available to us and taken over on the same title for the same shipment.
• -  “Parcel” means (i) an object or Material set composed of several objects, whatever the weight, dimensions and volume, constituting a unit load (carton, crate, container, load, roll, pallet circled or filmed by the customer, etc.) packaged by the shipper before pick-up, even if the content is detailed in the remittance document or (ii) for Shipping, any unit of goods transported without weight or volume, with this important precision that some marine carriers may consider a vehicle goods transported by this vehicle as one package.
• -  “Storage” means logistics services provided by LGL Transport, in particular Deposit, Inventory Management, Handling and packaging of goods the customer in the warehouses (excluding services for dockside and groupage).
• -   “Force Majeure”: any event that escapes reasonable control of LGL Transport, with the effect of preventing LGL Transport to perform all or part of the obligations of LGL Transport to title of this contract in particular wars, riots, insurrections, revolutions, strikes, lockouts or other social unrest, shortages or reduction in energy or energy supply first, interruption, disruption of transportation or means of communication, accidents, explosion, fire, floods, storm, earthquake or other natural disasters, decisions administrative or judicial prohibiting LGL Transport from executing all or part of its obligations, or any situation other than Parties will recognize as force majeure.

B - Transportation Responsibility:

Assuming that delivery times are provided for in the Transport for information purposes, the responsibility of LGL Transport will not be committed in case of simple delay in delivery compared to the deadlines codes. The responsibility LGL Transport will not be engaged in case of missing one or more Parcels (regardless of weight, size or volume) when the trailer has been loaded and this lead is Intact when presenting the vehicle at delivery.

C - Responsibility for storage :

Unless otherwise agreed, the customer insures the goods belonging to him and stored by LGL Transport for the following risks: explosion, water damage, storm, hail and snow on the roof, smoke, ground vehicle impact, flooding, falling aircraft and spacecraft, riots and popular movements, collapse of racks, actions of rodents, acts of terrorism and sabotage, theft, acts of vandalism and attacks, natural disasters... Consequently, the client renounces against LGL Transport and its insurers, the owner, the tenants, sub-tenants and other occupants of the depot insurers. The client also undertakes to obtain equivalent waiver by its insurers. The client undertakes to inform LGL Transport of any special features of the goods.

D - Specific responsibilities :

LGL Transport is not obliged to control or attract the attention of customer on the existence of legal impediments or authority concerning shipping such as, for example only, limitations import, export or transit. In the case of transport requiring customs operations and where the exact customs indication would not be provided, LGL Transport, its Managers and clerks will be able to perform the customs declaration on the basis of the data and documents provided. A ce Title, the customer declares and undertakes to release and protect LGL Transport, its managers and agents of any dispute that may be formulated by the control offices or by any other office competent.

E - Exonerations :

LGL Transport is not liable in case of force Major, alteration or pollution of the product generated prior to the Support, or resulting from a defect of the product or its packaging, insufficient packaging, the facts of a third party, a natural event or a customer fault. F- LIABILITY OF THE SUBSTITUTES LGL Transport has the right to make replace with other providers in the performance of the and entrust the goods to substitutes and/or subcontractors (including rail, air, maritime, intermodal warehousekeepers or centres without any limitation). LGL Transport’s liability is strictly limited to that assumed by substitutes and/or subcontractors (carriers, commissionaires, intermediaries, agents, etc.) to whom he addresses the execution of the operations entrusted to it.

5.1 - compensation

A - Compensation for personal injury :

The cost of tangible allowances for staff other than LGL is Solely at the expense of the subcontracting undertaking or the undertaking client. LGL cannot deal with personal injury outside his company.

B - Compensation for damage other than bodily injury :

LGL Transport only compensates for justified direct property damage except for any other damage and interest within the limits compensation fixed by the various standard contracts issued by law (domestic traffic) or the Convention CMR (international traffic). LGL Transport limits its total commitment to included in case of inexcusable fault to:

• -   national traffic by vehicle and/or coupling: Twenty-five thousand euros (€25,000).
• -   international traffic and/or coupling: thirty One thousand euros (€30,000).

Under no circumstances may the liability of LGL Transport extend to Intangible damage or damage or the intangible consequences of a loss or damage to material indemnified. Special provisions: No transport is not guaranteed Mobile phone equipment, jewellery, luxury items, precious stones and related accessories as well as cigars, cigarettes and all other finished tobacco product.

C - Transportation Compensation :

Compensation paid by LGL Transport but not exceeding Compensation limits defined in paragraph 5.2-A and 5.2-B are: 1-30 For all damages other than those relating to goods transported 2-For goods carried missing, damaged or polluted a) DOMESTIC TRANSPORTATION: (The lower of the limits must be taken into account)

• -   Maximum allowance: €15,000 per load, regardless of the nature of the transaction identified below. The values are defined as gross weight.
• -   Tank, container or bulk transport: Regardless of weight: 0.5€ per kg of missing, damaged goods or polluted.
• -   Other transport: €1 per kg and €50 per package regardless of the weight, volume or dimensions of the goods missing, damaged or polluted with a maximum of 500 € per tonne for the weight Total gross of the shipment.

These limits apply regardless of the legal status in which LGL Transport intervenes (agent, carrier, freight forwarder, contractor, handler, warehousekeeper when this quality is necessary for that of carrier etc.) b) - INTERNATIONAL TRANSPORT: €1.5/kg of missing goods, damaged or polluted. c)- MULTIMODAL TRANSPORT: If the part of the transport during which the damage occurred is not determined, the compensation will be based on the lowest of the compensation limits provided for in the applicable texts the said texts are set out below in non-exhaustive manner. However, the responsibility of LGL Transport cannot be engaged beyond that of its substitutes as recalled in Article 5.1-F:

• -  In case of national road transport in accordance with the provisions of paragraph 5.2-c.2-a
• -  In the case of international road transport, in accordance with the provisions of paragraph 5.2-c- 2-b
• -  In the case of national rail transport, in accordance with the articles of the CIM (Convention de transport international rail freight)
• -  In the case of international rail transport, in accordance with the convention for the international rail transport of goods (CIM), signed in Bern on February 25, 1961 and amended and integrated by the Convention on International Carriage by Rail (COTIF) signed in Vilnius on June 3, 1999 (Uniform Rules concerning the contract international rail freight transport CIM - Appendix B to the agreement)
• -  In case of maritime transport the responsibility of LGL Transport - both contractually and extra-contractually - for loss or damage to the goods transported cannot exceed the sum 50€ for each package or unit lost or damaged or 0.5€ for each gross kg of lost or damaged goods, whichever is lower limitations to be taken into account.
• -  In case of air transport: in derogation with article 22-3 of the MONTREAL convention (of May 28, 1999): €0.5 per kilos of lost, damaged or damaged goods. d)- DELAY OF DELIVERY : In all cases, the indemnity in the event of established liability and Justified damage may not exceed the cost of transport.

D - Compensation in the event of loss of damage on the occasion of a storage service:

The compensation paid by LGL Transport cannot exceed the ceilings indemnities defined in article 5.2-B. The indemnities (the lowest of the limits being taken into account), in the event of missing, breakage, error of inventory are:

• -   2€ per kg and 50€ per package (whatever the weight, volume or dimension) of missing, damaged or polluted.
• -   €10,000 per event and per year.

In the event of an inventory discrepancy, the compensation cannot exceed the negative net discrepancy recorded between physical stock and theoretical stock with compensation between the missing products and excess products. Both in the case of a transport service or storage or for any other service, compensation is limited to the cost price of the goods. In the event of compensation by LGL Transport, the damaged products will belong to it.

Article 6 - Waiver of recourse

In case of storage and for non-transport damage, beyond the amounts defined in article 5, the client waives all recourse, both for itself and on behalf of its insurers, against LGL Transportation and its insurers and undertakes to inform its insurer.

Article 7 - Assurrance

LGL Transport is not required to insure the goods which has been entrusted to him unless the customer expressly requests it and by writing and that the management of LGL Transport does not accept the mandate corresponding. When LGL Transport acts as an agent, it cannot under any circumstances be considered as insurer and the conditions of the policy are deemed known and approved by customers and recipients who bear the cost. The customer undertakes to deliver goods to up to a global sum not exceeding ten thousand euros (10,000 €) per parcel regardless of the legal capacity in which LGL Transport intervenes with a maximum of fifty thousand euros (€50,000) per vehicle with regard to national transport services and seventy-five thousand euros (€75,000) internationally. The customer guarantees jointly with its insurers and LGL Transport and its insurers as well as any claim that may be presented to them, for any reason whatsoever, for any sum that would exceed the amount of €10,000 per parcel and/or €50,000 per vehicle (the latter amount only applicable for transport services); in case of partial or total loss, the customer undertakes vis-à-vis his customers to replace damaged and/or lost product.

Article 7.1 - General provisions except storage

The customer can obtain a higher compensation than that defined in article 5.2-B by the subscription by LGL Transport of a insurance cover which allows, subject to the provisions of paragraphs 1 and 2 of this article 7, compensation for all material damage justified up to the amount declared. In this hypothesis, LGL Transport must receive an insurance request before transport and this, exclusively by fax, by email or by letter (a written order on the transport document is not sufficient), in order to be able to necessary with his own insurance company. This order must accurately indicate the value and nature of the goods as well as the risks to be covered. No insurance is contracted without written and repeated order for each shipment. Consequently, LGL declines all responsibility.

Article 7.2 - Provisions for storage

The customer can obtain a higher compensation than that defined in article 5-2-D by the subscription by LGL Transport of a insurance guarantee which allows you to insure your stored goods versus fire, water damage, natural disasters. The customer is required to inform LGL Transport in writing with a minimum notice of eight (8) days of desired guarantee conditions and to indicate to him monthly the minimum value of its stored goods. Quotes of insurance transmitted may be modified, in particular in the event of occurrence of a claim or change in the guarantee rate for insurers. In the event that the customer does not ask LGL Transport for more extensive guarantees, he must send him a waiver document appeal signed by itself and its insurers, before any entry of goods belonging to it into its warehouses.

Article 8 - Payment of invoices & late penalties

Payment of LGL Transport invoices is made at receipt of invoice unless prior written agreement, by transfer, a discount will not be granted except by special agreement. In the absence of a written agreement by LGL Transport, there can be no set-off with customer receivables. Non-payment of an amount by the customer to LGL Transport on the due date planned entails:

• -  The possibility for LGL Transport to terminate automatically, any contract or order placed with the customer, and/or suspend orders or deliveries in progress, and this at the wrongs and exclusive grievances client.
• -   The forfeiture of the term of payment for any future invoice, notwithstanding any clause to the contrary, cash payment becoming automatically applicable.
• -   Automatically without formalities or remains, the immediate payment of all sums that could remain duty to the customer.
• -   After receipt of a formal notice sent by LGL Transport by registered letter, which remained unsuccessful and the initiation of legal proceedings, the acquisition from LGL Transport of an indemnity equal to the interest rate applied by the European Central Bank to its most recent refinancing operation, increased by 7 points percentage and an increase of 15% (fifteen percent) of the sums due, with a minimum of €200 (two hundred) and this as Penalty clause.

Article 9 - Conventional lien

Whatever the quality in which LGL Transport intervenes, the customer expressly recognizes a right of pledge agreement carrying right of retention and general preference and permanent on all the goods, equipment, valuables and documents in our possession, and this as security for all receivables (invoices, interest, costs incurred, etc.) that LGL holds against it, even prior or foreign operations carried out with regard to the said goods, securities and documents

Article 10 - Protests and statute of limitations

Article 10.1 - Starting point of the deadlines for protests and prescription

In terms of road transport, the starting point will be that of the delivery date, or failing delivery, 30 (thirty) days from from the taking over of the goods, unless otherwise provided of a text of public order. In terms of storage, the starting point will be that of the date of occurrence of the damage.

Article 10.2 - Protests

Any dispute, request, claim, and/or claim, that the customer intends to oppose to LGL Transport or its substitutes, subcontractors with regard to the performance of the contract and/or its execution, even with regard to losses, damage, and/or delays, must be borne to the knowledge of LGL Transport by registered letter with acknowledgment of receipt within 7 (seven) days from the point starting point as defined in article 10.1.

Article 11 - Right of renunciation

The fact that LGL Transport renounces one of the articles or provisions of these general conditions does not result in a waiver of other articles or provisions.

Article 12 - Applicable right

Luxembourg law and law are the only applicable for all contracts or operations related to LGL Transport.

Article 13 - Court of competent jurisdiction

For any dispute, the court of the city of Luxembourg alone has jurisdiction, even in the event of multiple defendants or warranty claim. Nevertheless, we reserve the right to act before other court of competent jurisdiction.

Article 14 - Indivisibility

In the event that any provision of these Terms general would be declared invalid or unenforceable by a court competent, it will be considered as unwritten and all other provisions of these general conditions will remain fully valid.

Article 15

In the event that any article of the general provisions would be declared null or inappropriate, it will be automatically replaced by the equivalent article of Luxembourg law in force.