GENERAL TERMS AND CONDITIONS OF SALE – JMD LOGISTICS
I – GENERAL PROVISIONS
These General Terms and Conditions of Sale (hereinafter the “GTC”) apply, without limitation or reservation, to all offers made by the company JMD LOGISTICS, a simplified joint-stock company (SAS) with a share capital of €100,000.00, having its registered office at 1 Avenue Beaumontoir – 95380 LOUVRES, and registered under number 883 598 856 with the R.C.S. of PONTOISE.
II – PURPOSE AND SCOPE
These general terms and conditions govern the contractual relations between a principal and JMD LOGISTICS (hereinafter the “Transport and/or Logistics Operator” or “T.L.O.”) regarding any commitment or operation related to the physical movement of goods by any means of transport, and/or the physical or legal management of stock and flows of any goods, packaged or not, from any origin and to any destination, and/or concerning the management of any material or dematerialized information flows.
The definitions of terms used herein are those defined by applicable laws and standard contracts in force in France.
These GTC prevail over any general or specific terms issued by the principal.
In the event of specific conditions agreed with the principal, and in the absence of provisions therein, these GTC remain applicable.
Maritime transport operations are governed, unless otherwise agreed by the principal and accepted by JMD LOGISTICS, by the special terms stated on the back of the bills of lading issued by JMD LOGISTICS. Failing such provisions, these GTC shall apply.
III – SERVICE PRICING
Prices are calculated based on the information provided by the principal, considering the services to be performed, the nature, weight, and volume of the goods to be transported, as well as the routes to be taken.
Quotations are based on currency exchange rates and the price of propulsion fuel at the time they are issued.
They also depend on the conditions and rates of subcontractors as well as applicable laws, regulations, and international conventions. Should any of these base elements, including the cost of propulsion fuel, increase after the quotation is issued including by subcontractors in a manner enforceable against JMD LOGISTICS and upon proof thereof—the original prices will be adjusted accordingly. The same applies in the event of any unforeseen event that modifies any component of the service or the conditions of its execution.
Prices do not include duties, taxes, fees, and levies required under any regulation, especially tax or customs-related.
The initially agreed prices are to be renegotiated at least once per year.
IV – INSURANCE OF GOODS
It is the principal’s responsibility to take out insurance for full compensation in case of a dispute, considering the legal or contractual liability limitations that may apply.
No insurance will be taken out by JMD LOGISTICS unless it receives a written instruction from the principal for each shipment, specifying the risks to be covered and the values to be insured.
In such cases, JMD LOGISTICS acts solely as an agent and shall never be considered an insurer.
If such instruction is given, JMD LOGISTICS will take out insurance from a reputable and solvent insurance company at the time of coverage. Unless specific risks are stated, only ordinary risks (excluding war and strike risks) will be insured. JMD LOGISTICS must inform the principal of the name of the insurance company and, upon request, provide a certificate of insurance.
The terms of the policy are deemed known and accepted by the shippers and consignees, who also bear the cost of the insurance.
V – PERFORMANCE OF SERVICES
The departure and arrival dates of goods and/or the expected dates of performance for any related services, whether linked to physical flows or not, as provided by JMD LOGISTICS, are given for information purposes only and shall not constitute binding commitments or liability on the part of JMD LOGISTICS.
The principal must provide JMD LOGISTICS, in a timely manner, with all necessary and accurate instructions, information, and documents required for the performance of the transport, related, and/or logistics services.
JMD LOGISTICS is required to verify only those documents provided by the principal that are directly related to the organization of the entrusted services. As for other documents, it will ensure their apparent consistency with the assignment.
If JMD LOGISTICS incurs expenses in the interest of the goods, to prevent or minimize damage, it must be fully compensated.
Likewise, any costs paid by JMD LOGISTICS on behalf of the goods including demurrage charges, detention fees, or advances not known at the time of quotation shall be borne by the principal.
In the event of non-receipt of the goods by the consignee, for any reason, the resulting costs (direct and/or indirect) shall be fully borne by the principal. Moreover, any expenses incurred by JMD LOGISTICS due to a late cancellation of instructions by the principal shall be fully reimbursed.
VI – PRINCIPAL’S OBLIGATIONS
PACKAGING: The principal is solely responsible for choosing the packaging and must ensure the goods are packed, labeled, and/or marked in compliance with the applicable transportation mode rules. Packaging must withstand standard transport and/or storage operations, including successive handling, without endangering the personnel, subcontractors, equipment, environment, or third parties.
LABELING: Each package, item, or loading unit must bear a clear label for unambiguous identification of the sender, recipient, delivery location, and nature of the goods.
SEALING: Trucks, trailers, swap bodies, and full containers must be sealed by the shipper or their representative once loading is completed.
STOWING/BRACING/SECURING: When goods are containerized or loaded onto transport equipment under the principal’s responsibility, stowing and securing must follow professional standards to withstand transport risks.
LIABILITY: The principal is liable for all consequences resulting from the absence, insufficiency, defect, or inadequacy of the packaging, labeling, marking, stowing, or securing of the goods.
INFORMATION OBLIGATIONS: The principal is liable for any failure to disclose or accurately declare the nature and characteristics of the goods, especially if they are high-value, hazardous, or fragile.
This obligation also includes declaring the verified gross mass (VGM) of containers, in accordance with the SOLAS Convention. Furthermore, the principal expressly agrees not to hand over prohibited, restricted, or illicit goods to JMD LOGISTICS or its subcontractors.
The principal is solely liable with no recourse against JMD LOGISTICS for all consequences stemming from false, incorrect, incomplete, or late-provided declarations or documents, including customs declarations for goods from or to third countries.
CLAIMS: In the event of loss, damage, or delay, the consignee or recipient must carry out timely and proper inspections, express precise and substantiated reservations within legal deadlines, and take any action to preserve recourse rights. Failing to do so will render any claim against JMD LOGISTICS or its subcontractors inadmissible.
CUSTOMS, HEALTH, TAX, AND TRADE COMPLIANCE: Regardless of the nature of the services ordered, JMD LOGISTICS performs customs formalities and related operations on behalf of the principal under direct representation, pursuant to Article 18 of the Union Customs Code—even in the absence of an explicit mandate.
The principal guarantees that all parties involved are authorized under applicable customs and trade control laws and regulations.
The principal must provide JMD LOGISTICS, as promptly as possible, with all necessary documentation and information (e.g., customs regime, origin, value, classification, regulatory tracking documents, etc.).
In case of warehousing services, the principal must also provide all data necessary for tax and customs traceability, which JMD LOGISTICS may be required to disclose to authorities.
The principal remains fully liable for compliance with customs, tax, and trade regulations and ensures the accuracy, completeness, validity, and authenticity of all information and documents submitted.
The principal is the sole debtor for any related duty or tax debt and indemnifies JMD LOGISTICS for any consequences arising from their negligence or failure, such as additional duties, penalties, interest, surcharges, seizures, etc.
CASH ON DELIVERY (C.O.D.): The inclusion of a C.O.D. instruction does not constitute a declared value and does not modify the liability limits applicable under these GTC or by law.
VII – LIABILITY
In the event of proven damage attributable to JMD LOGISTICS, its liability is limited to foreseeable damages that directly and immediately result from the breach, in accordance with Articles 1231-3 and 1231-4 of the French Civil Code. These damages cannot exceed the liability limits stated herein.
SUBCONTRACTOR LIABILITY: JMD LOGISTICS’s liability is limited to that incurred by its subcontractors. If such subcontractor limits are unknown, nonexistent, or not set by mandatory legal provisions, they are deemed equal to those applicable to JMD LOGISTICS’s own liability.
MARITIME TRANSPORT: For damage occurring from loading to unloading of goods by subcontractors at ports, liability is governed by the Hague Rules, including amendments by the 1968 and 1979 Brussels Protocols, only to the extent they are mandatorily applicable.
Subcontractors are not liable for damage occurring before loading or after unloading. Even if local law dictates otherwise, subcontractors benefit from all Hague Rules protections during extended responsibility periods.
PERSONAL LIABILITY FOR LOSS/DAMAGE:
- a) For transport operations: Liability is capped at €20 per kg of gross weight lost/damaged, not to exceed €5,000 per ton, with a maximum of €60,000 per event.
- b) For logistics operations: The same €20/kg cap applies, not to exceed €60,000 per event, unless otherwise agreed.
OTHER DAMAGES (e.g., delays): Liability for all other proven damages (e.g., delivery delays) is capped at the price of the service, excluding duties and additional charges, and shall never exceed the limits above.
CUSTOMS AND TAX LIABILITY: JMD LOGISTICS’s liability in this domain is limited to €5,000 per customs declaration, €50,000 per adjustment year, and €100,000 per notice of reassessment.
QUOTATIONS: All quotations and price offers are established with these liability limitations in mind.
DECLARED VALUE: The principal may declare a value that replaces these limits, subject to JMD LOGISTICS’s acceptance and a price supplement. This must be renewed for each operation.
SPECIAL DELIVERY INTEREST: A declared special interest in delivery accepted by JMD LOGISTICS can substitute for liability limits in case of delay, with an associated price increase. Instructions must be renewed for each operation.
CYBER RISK EXCLUSION: JMD LOGISTICS excludes any liability for losses or damages resulting from cyberattacks or attempted cyberattacks affecting it or its subcontractors, even if these prevent service delivery.
The principal acknowledges that, despite precautions, electronic communications may carry viruses or malicious intrusions, and JMD LOGISTICS shall not be held liable for resulting damages.
VIII – PAYMENT TERMS
All services are payable in full upon receipt of invoice, without discount, at the place of invoice issuance, unless specific credit terms have been granted—these shall not exceed the time limits provided by Articles L.441-10 et seq. of the French Commercial Code.
The principal remains jointly liable for payment, and per Article 1344 of the Civil Code, payment is deemed due once the obligation becomes payable.
Unilateral offsetting of alleged damages against amounts owed to JMD LOGISTICS is prohibited.
Late payment automatically incurs :
- Interest based on the ECB refinancing rate plus 10 points
- A €40 fixed collection fee per unpaid invoice (Article D.441-5 of the Commercial Code)
- Any other damages caused by the delay, per common law.
Any late payment will accelerate the maturity of all other amounts owed to JMD LOGISTICS, and credit terms may be modified.
Partial payments are allocated first to non-privileged debts.
IX – LIEN AND CONTRACTUAL PLEDGE
Regardless of JMD LOGISTICS’s capacity (freight forwarder, carrier, etc.), the principal expressly grants a general lien and contractual pledge over all goods, assets, and documents in JMD LOGISTICS’s possession, to secure all claims even those arising from unrelated operations.
X – LIMITATION PERIOD
All legal actions arising from the contract between the parties whether for main or ancillary services must be brought within one year from the date of execution of the disputed service. For duties and taxes recovered later, the period runs from the date of the reassessment notification by the relevant authority.
The principal agrees to cooperate in good faith with JMD LOGISTICS and to inform it promptly of any notifications, findings of infringement, control results, reassessment notices, or claims from third parties or any competent authority related to the services performed. Failure to do so will result in the principal bearing full responsibility for the consequences.
In any case, any claim against JMD LOGISTICS is subject to the prescription periods applicable to customs and tax matters.
XI – CONTRACT DURATION AND TERMINATION
In the case of an established commercial relationship, either party may terminate it at any time by sending a registered letter with acknowledgment of receipt, subject to the following notice periods:
- 1 month if the relationship duration is ≤ 6 months
- 2 months if the relationship duration is > 6 months and ≤ 1 year
- 3 months, plus 1 additional month per year of continued relations beyond 2 years, with a maximum of 6 months
During the notice period, both parties agree to maintain the economic balance of the contract.
In case of serious or repeated breaches by either party, the other party must send a formal notice by registered mail, with justification. If the breach remains unresolved within 15 days, the notifying party may terminate the contract immediately and without compensation, via a registered letter confirming the failure of negotiation.
All invoices issued by JMD LOGISTICS and any relocation fees agreed upon become due no later than the contract’s end date, and in any case prior to the release of goods, should stock relocation be required before the official end date. Restitution of goods is subject to full payment of all amounts due.
XII – DATA PROTECTION
The Client expressly agrees that JMD LOGISTICS may process personal data about them under the present contract, under the conditions outlined below:
DATA COLLECTION AND USE:
JMD LOGISTICS, as the data controller, processes personal data for client relationship management purposes, including: client database management, commercial relationship management, quotations/orders, claims and after-sales cases, promotional campaigns, access control at warehouses, payment management, marketing studies, etc.
Collected data is essential and used only by relevant departments. This includes identification data (name, identity), connection data (IP logs), banking information, geolocation data, purchase history, interests, and order tracking. The Client is informed that video surveillance systems are in use at JMD LOGISTICS sites (car parks, warehouses, headquarters) for security purposes.
DATA RETENTION PERIOD:
Client data is retained for the duration of the contractual relationship, extended by the applicable legal limitation periods. Video surveillance data is kept for 30 days (unless extended due to legal proceedings).
DATA SECURITY AND ACCESS:
Access to data is limited to authorized personnel for processing, security, and IT maintenance purposes.
RIGHTS OF THE CLIENT:
The Client may exercise rights of access, rectification, limitation, erasure, portability, or objection to the processing of their data at any time.
They may also define post-mortem instructions regarding their data.
CONTACT:
To exercise these rights, the Client must contact JMD LOGISTICS:
- By email : [email protected]
- By post: DPO – JMD LOGISTICS, 41-43 rue d’Aulnay – 95500 GONESSE
(An identity document may be required)
XIII – NON-COMPLIANCE WITH THE GTC
In case of non-compliance with these GTC, JMD LOGISTICS reserves the right to temporarily or permanently deny access to the warehouse.
This decision will be notified in writing.
JMD LOGISTICS also reserves the right to take legal action to claim damages for any harm suffered.
XIV – ENTIRE AGREEMENT
The invalidity of any clause of these General Terms and Conditions of Sale shall not affect the validity of the remaining provisions.
XV – APPLICABLE LANGUAGE
The contract is written in French.
JMD LOGISTICS retains and archives all contracts concluded with a client for a period of ten years if the contract value is €120 or more. Consumer clients may access such contracts at any time by contacting: [email protected].
XVI – JURISDICTION CLAUSE
In the event of a dispute between the Client and JMD LOGISTICS, jurisdiction lies with the courts of JMD LOGISTICS’s registered office, and French law shall apply.
XVII – SEVERABILITY
If any provision of these general terms is declared null or unenforceable, the remaining provisions shall remain in full force.
XVIII – SIGNATURE
At:
On:
Signature:
These General Terms and Conditions of Sale enter into force on June 1, 2025.
