Our Terms & Conditions

ARTICLE 1

SCOPE AND PURPOSE OF THE GENERAL TERMS AND CONDITIONS

1.1 The purpose of these Standard Terms and Conditions is to define the terms of the Services performed by Art Régie Transport.com as shipment coordinator (carrier and forwarding agent). These Standard Terms and Conditions govern the commercial relations between a Client and Art Régie Transport.com and therefore apply to any Services performed by the Company. Any undertaking or operation implies for the Client the unconditional acceptance of these Standard Terms and Conditions.

1.2 When the Company is solicited for a Transportation Service, the Company will act either as a carrier or as a forwarding agent. The substitution by the Company of the Carrier(s) for the performance the Services does not require the Client’s prior agreement.

ARTICLE 2

DEFINITIONS

As used in these Standard Terms and Conditions, the following terms shall have the following meanings :

« Art Régie Transport.com » (or the « Company ») is a carrier company and a forwarding agent.
The Company organizes, carries out and causes to carry out, under its own name and its liability, transportation of Goods by the medium of its choice for the Client benefit.

– « Client » means the Party who enters into an agreement with Art Régie Transport.com in view of a Service. The Client is considered as the instructing Party.
– « Carrier » means the Company or a third party designated by the Company as substituted to Carrier for the performance of the Transportation Services.
– « Parties » mean Art Régie Transport.com and the Client.
– « Service » or « Transportation Service » means the handling and transportation of a Shipment from a Pick-up place to a Delivery place by the Company.
– A Service may require « related services » such as: packing, unpacking, handling, etc., which shall be performed by the Carrier at the Client’s request.
– « Shipment » means all Goods or Parcels which are made ready at the same time at the carrier disposal and are shipped from a same Pick-up place to a unique Delivery place. Shipment shall be recorded in a unique Carriage Voucher.
– « Good(s) » means fragile and valuable products, mainly artworks and fine arts, belonging to a Client who entrusts the Company with a Transportation Service.
– « Parcel » means an object or a set of objects made up of several objects, regardless of weight, size or volume, and which form a unit load when made ready for the Carrier, packed for the transportation, even if the contents of the unit are shown in detail on the transport documents.
– « Pick-up » means the physical removal and handling of the Good(s) or Parcel(s) by the Carrier from the Shipper’s hands.
– « Delivery » means the physical delivery of the Good(s) or Parcel(s) to the Consignee by the Carrier.
– « Shipper » means the Client or any person designated by the Client to the Company. The Shipper shall make ready the Good(s) or Parcel(s) to the Carrier.
– « Consignee » means the Client or any person designated by the Client to the Company. The Consignee shall receive the Good(s) or Parcel(s) from the Carrier.
– « Pick-up Order » and « Delivery Order » are « Carriage Vouchers », « Vouchers » or « Consignment Notes» listing all information related to the current address of Pick-up and Delivery of the Shipment. Good(s) or Parcel(s) are detailed in such Vouchers (medium, number, size, apparent conditions, etc.) as well as the Service(s) to be performed by the Carrier. Both the Shipper and the Consignee shall sign such Vouchers.
– « Reserves » means any acknowledgment made in writing either during the Pick-up or the Delivery regarding damage of Goods or Parcel.
– An « Accepted » quote means any quotation dated and signed by a Client with the following handwritten words “good for agreement”.

ARTICLE 3

COMPANY’S DUTIES

3.1 As shipment coordinator, Art Régie Transport.com commits towards its Clients to perform the requested Service(s) as indicated in the quotation accepted by the Client.

3.2 In accordance to Article 10 below, the Ad Valorem Insurance “dommages au bienx transportés” (damages to shipped goods), as proposed by Art Régie Transport’s insurance agreement, is contracted by the Company for Client’s purposes only when the Client requires expressly and by writing such insurance.

3.3 In case where the shipment quotation had not been Accepted by a Client but was accepted by email without express approval of the insurance terms, or, was a verbal acceptance, the Transportation Service will not be performed Ad Valorem.

ARTICLE 4

CLIENT’S DUTIES

4.1 During the quotation request and before approving the quotation, the Client shall provide to the Company any useful and necessary « transportation’s instructions » for the proper performance of the Services, failing which the Client shall be held liable, such as notably :

– Description of the Good(s) or Parcel(s) such as their number, nature, size, weight, value, etc.;
– Name and address of the Shipper (i.e., the Pick-up’s place);
– Name and address of the Consignee (i.e., the Delivery’s place);
– Conditions and special access constraints of Pick-up and Delivery’s places (for either trucks and employees) such as, for instance, the narrowness of a door’s frame, the fact that Good(s) should only be brought up through a window, etc.;
– Information on the Good(s) or Parcel(s) such as, for instance, its fragility, run-down state, etc.;
– Instructions on the Client’s choice of packaging, if any, such as, for instance, card box or wood crate, etc. (cardboard, box…) ;
– Transmittal of all documents necessary for the handling and transportation of the Good(s) or Parcel(s) such as, for instance: invoice of auction house, the storage voucher, or any other documents necessary for the performance of the Service or the related services (custom, insurance).
– Precise instructions on the related services requested by the Client such as packing, unpacking, specific handling (as set forth in Article 5 hereafter).
– Total value of the Shipment. If this value is higher than 1.000.000 €, the Client shall expressly and in writing notifies the Company with said value to the Company prior to transportation (otherwise, the Parcel and/or the Goods will not be indemnified in the event of a disaster or of any possible accident).

4.2 The Client shall inform Art Régie Transport.com of any non-visible specifications on the Shipment which may have an impact on the due performance of the Service and/or on the application of any specific administrative constraint (notably alcohol, wine, guns).

The Client shall be liable vis-à-vis Art Régie Transport.com for any consequences resulting from erroneous or absence of declaration on the specifications of a Shipment, such as for instance, in concealing the dangerousness or fraudulent aspects of a Shipment, its actual value, or in violating applicable regulations, and inducing damage or delay in the delivery of a Shipment.

4.3 As from the acceptation by the Client of a quotation, the Client commits to pay to the Company the price agreed between the Parties. The Service will be performed after full payment of the agreed price.

ARTICLE 5

PACKAGING AND HANDLING

5.1 Due to the nature, value, specific means of transport (air, sea, road), destination of the Goods (national and international shipment) and Clients’ instructions during the quotation request, the Company is entitled to perform related services.

“Standard packaging” (mere protection, plastic bin, etc.) or “specific packaging” taylor-made (box, timber crib, etc.).

5.2 The Client might request from the Company the performance of related services, in addition to the Transportation Service, such as disassembly, unpacking, reassembling and handling of the Goods.

5.3 Such Services shall be performed by the Company based on express request of the Client (being specified that such request should be precise and specified in writing in the Client’s request for quotation).

5.4 During Pick-up or Delivery, any related service that had not been submitted by a prior, precise and writing request from the Client to the Company during the quotation request, shall be considered as performed on behalf of the Shipper (during Pick-up) or the Consignee (during Delivery) and under their own respective responsibilities.

ARTICLE 6

PAYMENT TERMS

6.2 In case of modification of the economics of the contract due to any unforeseen event or any addition requests from the Client, the Company shall be entitled to adjust its tariffs and therefore request additional payment under the same conditions than the initial payment.

6.3 During the Service as planned by the Parties, the Client shall be liable if the Shipper does not make available the Shipment to the Carrier and/or if Carrier is unable to deliver the Shipment to the Consignee due to the absence of Consignee.

An indemnity of 100% of the agreed price is due by the Client to the Company for each case where the Carrier shall return to the Shipper’s warehouse or to the Consignee’s location.

ARTICLE 7

TERMS OF PICK-UP OF THE GOOD(S)

7.1 At Pick-up, and before any handling, the Carrier (i.e., its driver) must verify the apparent conditions and conformity (such as the number, nature, size, etc) of the Good(s) or Parcel(s) in light of the « shipment instructions » provided by the Client (see Article 4 above).

If the Carrier (i.e., its driver) notices any inconsistencies or any damages on the Good(s) or Parcel(s), the Carrier will insert written Reserves on the Pick-up Voucher before signing and dating it with the Shipper.

The Carrier will not be liable for any damages on the Good(s) or Parcel(s) if damages have been noticed at Pick-up by both the Carrier and the Shipper. In the absence of Shipper at Pick-up, the Carrier’s driver will himself report the Reserves on the Pick-up Voucher. In such a case, the Shipper will not be allowed to question said reserves.

7.2 The Company is relieved on any responsibility if the Carrier is not in a situation to check the apparent condition and the conformity of the Good(s) or Parcel(s). A good shape packaging without any specific damage does not necessarily leads to the absence of damage.

ARTICLE 8

TERMS OF DELIVERY OF THE GOOD(S)

8.1 The Consignee’s signature on the Delivery Voucher is considered as a proof of delivery of the Shipment by the Carrier. The Consignee shall verify, at the time of Delivery, the apparent condition and the conformity of the Good(s) and Parcel(s). The Consignee shall record damage and no-show, if any, and insert written Reserves on the Delivery Voucher before signing and dating it with the Carrier (i.e., its driver).

The nature and the size of the damage must be clearly indicated by the Consignee (i.e., comprehensive and meaningful).

The Consignee must confirm his Reserves by registered mail with acknowledgment of receipt within three (3) business days from the delivery of the Shipment to both Art Régie Transport.com (9, boulevard Biron 93400 Saint-Ouen FRANCE) and the Carrier (at the address provided in the Delivery Voucher), failing which Art Régie Transport.com and its subcontractor(s) will be released from any responsibility.

8.2 The Consignee who does not express « reserve » while receiving the Good(s) or/and Parcel(s) is considered as having received a Shipment consistent with the Delivery Voucher. Any damages shall not be covered under the liability of the Carrier on the ground of Article L. 133-1 of the French Commercial Code and therefore not be attributed to the Carrier.

8.3 The Consignee who does not express « reserve » shall be responsible to maintain appropriate measures to retain any action within the legal time limits.

In such a case, the Consignee must provide his Reserves by registered mail with acknowledgment of receipt within three (3) business day after delivery of the Shipment, to Art Régie Transport.com (9, boulevard Biron 93400 Saint-Ouen FRANCE) and the Carrier (at the address provided in the Delivery Voucher). The Consignee shall establish that the damage is attributable to the Carrier, failing which Art Régie Transport.com and its subcontractor(s) will be released on any responsibility.

ARTICLE 9

LIABILITIES AND INDEMNIFICATION

9.1 When the Company acts as forwarding agent, its liability is strictly limited to the one incurred by its substitutes.

9.2 Subject to article 4.1 above, in the event that the liability of the Company shall apply, for any reason and on any basis whatsoever (as carrier or as forwarding agent), it shall be strictly limited to the following :

An indemnity shall not exceed 23 Euro per kilograms of the gross weight of the Good(s) that are lost or damaged for each Good(s) included in a Shipment, without exceeding 750 Euro per Shipment that is lost, uncompleted or damaged, and, in any case, not exceeding 3,000 Euro per Shipment regardless of its weight, volume, dimensions, nature or value, without the indemnity being higher than the initial value of the Good or the compensation amount for the damaged suffered if it is below 3,000 Euro.

It is also agreed that the liability of the Company shall be limited to damages caused on Goods themselves to the exclusion of other damages such as indirect or consequential damages or non-material damages.

The liability of the Company for material damages on premises caused by its fault or negligence shall not exceed 500 Euro.

9.3 Any quotation and tariff shall be drawn up in line of the limitations on warranty.

ARTICLE 10

INSURANCE OF GOODS SHIPPED

10.1 When the value of the Good(s) or Parcel(s) exceeds the limitations of warranty (such as described in Articles 4.1 and 9 here above), the Client shall subscribe an insurance or shall take its responsibility for any risk occurring during transport.

10.2 In order not to be held by this limitation of warranty in the event of damage, the Company recommends to its Clients to subscribe an Ad Valorem insurance contract for “dommages aux biens transportés” (damages to shipped goods) with its own insurance company.

10.3 At its own discretion, the Company might offer to the Client the benefit of the Company’s Ad Valorem insurance contract.
In accordance with Article 3 above, the Company’s Ad Valorem Insurance contract “dommages au bienx transportés” (damages to shipped goods) is contracted by the Company for Client’s purposes only when the Client requires expressly and by writing such insurance.

ARTICLE 11

COMPANY’S INSURANCES

Art Régie Transport.com has entered into a general liability insurance and professional indemnity insurance with a well-known insurance company (either as a carrier or as a forwarding agent), covering the Company against financial consequences of its civil liability for the non-performance or faulty performance of its obligations.

ARTICLE 12

METHODS OF PAYMENT

12.1 The Services are payable in cash on issuance of the invoice and before the completion of the Service, the Client being considered as guarantor.

12.2 In cases described under Article 6.2 here above, the related services shall be payable at Delivery at the latest.

12.3 Any amount not paid by the due date will incur late penalty charges owed at right from the date of payment provided in the invoice and amounting to three (3) times the French legal interest rate of the Banque de France.

ARTICLE 13

DELIVERY LEAD TIME

Art Régie Transport.com commits to carry out or cause to carry out the Transportation Service of Good(s) or Parcel(s) pursuant to the approval of the quotation and within thirty (30) days upon the full payment of the Service. Once a Client proceeds with the payment, the latter will be contacted by the Company in order to set up a Pick-up date and a Delivery date. The Pick-up date and Delivery date are provided for information purpose only. In any case, the Company will not be liable due to a delay in Delivery if the Parties have not agreed on an express Delivery date. An indemnity could only be allocated if the Client has sent a formal notice by registered mail with acknowledgment of receipt to deliver to the Company.

The Company shall benefit from a right of retention and priority on any documents, Goods and Parcels provided to it in warranty of any claims, even though arising out of previous transportation or not linked to the retained documents, Goods and Parcels.

ARTICLE 14

RETENTION

The Company shall benefit from a right of retention and priority on any documents, Goods and Parcels provided to it in warranty of any claims, even though arising out of previous transportation or not linked to the retained documents, Goods and Parcels.

ARTICLE 15

APPLICABLE LAW AND JURISDICTION

This contract shall be governed by French law.
ANY LAWSUIT IN CONNECTION WITH THE PAYMENT OF THE INVOICES OR THE PERFORMANCE OF THE SERVICES, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS OR IN THE EVENT OF A WARRANTY BEING INVOKED, SHALL BE SUBMITTED TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT COURT HAVING JURISDICTION OVER THE COMPANY. IN ADDITION, ANY ACTION AGAINST ART REGIE TRANSPORT.COM SHALL BE SUBJECT TO LIMITATION OF TIME ONE YEAR AFTER ITS OCCURRENCE.